JD Supra Law

JANUARY 10, 2024

In a world propelled by innovation and technology, the evolving nature of intellectual property (IP) law and the interconnectedness of global markets often lead to disputes and legal quandaries. By: Brooks Kushman P.C.

Intellectual Property 68

Intellectual Property Cease and Desist Litigation IP 68

The IPKat

OCTOBER 27, 2021

The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21. This Dune tells us, every member of the secretive Bene Gesserit sisterhood knows.

Cease and Desist 139

Cease and Desist Litigation Copyright Marketing 139

Above the Fold

JANUARY 28, 2024

Specifically, the FTC found that Intuit deceived consumers when it ran ads for “free” tax products and services even though many consumers were not eligible for the products and services, which the FTC found warranted the issuance of a cease-and-desist order.

Advertising 52

Advertising Advertising Cease and Desist Marketing 52

LexBlog IP

JANUARY 28, 2024

Specifically, the FTC found that Intuit deceived consumers when it ran ads for “free” tax products and services even though many consumers were not eligible for the products and services, which the FTC found warranted the issuance of a cease-and-desist order.

Advertising 52

Advertising Advertising Cease and Desist Reporting 52

Traverse Legal Blog

JULY 14, 2022

A cease and desist letter is typically the most cost-effective option, but in some cases a particularly egregious or blatant instance of trademark infringement can call for initiating a lawsuit. In any scenario, the optimal first move is to try a cease and desist letter. The infringer ceasing use of your trademark?

Cease and Desist 98

Cease and Desist Trademark Litigation Intellectual Property 98

Technology & Marketing Law Blog

JULY 26, 2023

Chegg sent a cease-and-desist letter to Homeworkify’s domain registrar, Namecheap, its proxy server, Cloudflare, and the email address associated with domain registration, but they have found nothing. (for Doe (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The horror! Also, this is dicta.

Cease and Desist 85

Cease and Desist Blogging Contracts Privacy 85

Plagiarism Today

FEBRUARY 7, 2022

Eventually, the RIAA itself got involved, sending a cease and desist letter to Hitpiece on February 4. The same day that the RIAA sent its cease and deist letter to Hitpiece, Nike filed a trademark infringement lawsuit against reseller StockX over Nike-themed NFTs. Shades of Napster. The current standard is not tenable.

Cease and Desist 261

Cease and Desist Copyright Trademark Copyright Law 261

Patently-O

MAY 3, 2024

The court distinguished prior cases finding cease-and-desist letters insufficient for purposeful direction, explaining that “The APEX Agreement goes beyond a cease and desist letter because, absent action by SnapPower in response to the APEX Agreement, SnapPower’s listings would have been removed from Amazon.com.”

Cease and Desist 67

Cease and Desist Patent Marketing Marketing 67

Plagiarism Today

OCTOBER 13, 2022

Those arguments were described as “lively” with justices examining both the transformative nature of the works involved but also looking into how both competed for the same market, namely illustrating articles about Prince in magazines. 2: Textile Designer Sues Zulily for Copyright Infringement.

Cease and Desist 191

Cease and Desist Copyright Infringement Licensing Fair Use 191

TorrentFreak

JANUARY 26, 2024

“Defendants market the Services by distributing flyers and business cards in Indian grocery, liquor, and retail stores, gas stations, and other locations in the Atlanta metropolitan area,” the complaint reads. . The company sent a cease and desist notice in June, asking them to stop, but without result.

Cease and Desist 90

Cease and Desist False Advertising Advertising Advertising 90

Technology & Marketing Law Blog

FEBRUARY 27, 2022

On January 9th, American Airlines sent TPG a cease-and-desist letter. Of course, Facebook objected and sent a cease-and-desist letter. That language implied that revocation-by-cease-and-desist letter was no longer sufficient to trigger CFAA liability.

Cease and Desist 120

Cease and Desist Blogging Contracts Social Media 120

Nelligan Law

NOVEMBER 28, 2022

You have conducted your own market research and you are not aware of anyone else using this trademark. Your marketing team prepares advertisements, packaging – perhaps even signage. One morning you open your email and there is a scary “Cease and Desist” letter in your inbox.

Cease and Desist 80

Cease and Desist Trademark Marketing Marketing 80

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. The post 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless appeared first on Technology & Marketing Law Blog.

Marketing 74

Marketing Marketing Cease and Desist Fair Use 74

IP Law 360

MAY 8, 2023

The NFL's merchandising and licensing arm and the Las Vegas Raiders hit back at a suit by an attorney who received a cease and desist letter from the league and the team over the marketing of his law firm with their own trademark countersuit that says the lawyer knows he is violating trademarks.

Cease and Desist 40

Cease and Desist Licensing Marketing Marketing 40

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

TorrentFreak

OCTOBER 8, 2022

Still fresh after obtaining a judgment worth more than half a billion dollars against an IPTV seller in May, DISH quickly filed a new lawsuit against the alleged operators of PrimeStreams, one of the most recognizable brands in the market. Not even a cease-and-desist convinced him to stop. So what happened to Firestick Steve?

Cease and Desist 89

Cease and Desist Branding Brands Branding 89

Plagiarism Today

JULY 25, 2022

app store and clearly targeted the United States with its marketing. including sending him a cease and desist letter. The lower court agreed, dismissing the case. However, the Ninth Circuit has now overturned that decision, noting that VNG uploaded their app to the U.S. Meta claims to have repeatedly taken action to stop Ate?,

Cease and Desist 167

Cease and Desist Music Copyright Infringement Licensing 167

TorrentFreak

FEBRUARY 2, 2024

A named defendant and others yet to be fully identified now face a full-blown lawsuit after allegedly failing to comply with the terms of a cease-and-desist notice. These matters in the U.S. sit in stark contrast to events currently unfolding in Canada’s Federal Court. and 30 days for $19.99.

Cease and Desist 89

Cease and Desist Intellectual Property Copyright Advertising 89

TorrentFreak

SEPTEMBER 9, 2021

With studios initially unable or reluctant to distribute their works through official channels, piracy platforms of all kinds sought to fulfill demand and as a result, gained a significant foothold in the market. AnimeGlare – Cease-and-Desist. “This app is now closed. It’s advice that some appear to be taking.

Cease and Desist 144

Cease and Desist Copying Reporting Law 144

LexBlog IP

AUGUST 17, 2023

Before you spend time and money marketing under that business name, you need to make sure it is legally a great name, one you can feel confident in using without running into an unexpected cease and desist request or trademark infringement litigation and the potential catastrophe of forced rebranding on a short time scale.

Cease and Desist 40

Cease and Desist Business Social Media Patent Law 40

Plagiarism Today

MARCH 9, 2022

Even as the NFT market has grown to billions of dollars, public perception remains very low. The company ceased operations after the RIAA sent them a cease and desist letter. The service was primarily used for training music and video files without the permission of creators or rightsholders.

Cease and Desist 222

Cease and Desist Non-Fungible Tokens Music Plagiarism 222

Plagiarism Today

FEBRUARY 1, 2022

VHT licenses real estate photos for marketing purposes and many of its photos appear on Zillow. This prompted ZHT to file the lawsuit and decided that Zillow’s infringement was innocent until July 10, 2014, when ZHT sent a cease and desist letter to the company.

Cease and Desist 130

Cease and Desist Licensing Plagiarism Publishing 130

BYU Copyright Blog

APRIL 1, 2024

When the contract lapsed in May 2021 and the school contracted with another photographer, Morlos order the school to either remove all photographs and marketing materials under his copyright or pay a licensing fee to continue using them. In December 2022, Morlos sent a cease-and-desist letter to St. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

SpicyIP

SEPTEMBER 25, 2023

Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Emami Ltd.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

TorrentFreak

AUGUST 25, 2021

” ACE provides no specific details on the terms of the shutdown but, if similar actions are any yardstick, a cease-and-desist notice and some kind of settlement were likely involved. That’s to be expected due to the effectiveness of Filelinked and the gap it left in the market.

Cease and Desist 134

Cease and Desist Settlement Copyright Reporting 134

Technology & Marketing Law Blog

OCTOBER 11, 2021

It sent Kiwi cease and desist letters and has implemented security measures, but “Kiwi has continued to hack the Southwest website and sell Southwest flights without permission.”. In addition, Southwest sent Kiwi several cease and desist letters. Kiwi appeared first on Technology & Marketing Law Blog.

Cease and Desist 111

Cease and Desist Contracts Trademark Blogging 111

Erik K Pelton

NOVEMBER 29, 2021

Enforce your trademark , if necessary, by sending cease and desist letters, or take down notices, or otherwise engaging with infringements. As you move into other markets or your customers come from other markets, you want to make sure that you’re thinking about international protections for your brand.

Trademark 147

Trademark Cease and Desist Branding Brands 147

Indiana Intellectual Property Law

AUGUST 9, 2021

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. billion dollars promoting and marketing the MONSTER brand including the Claw Icon and the Monster Trade Dress. Since 2002, Monster asserts it has spent over $8.5

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

TorrentFreak

JULY 30, 2023

Their responses consisted mostly of denials, quite a few statements indicating a lack of knowledge, a scattering of affirmative defenses, and a concession that the plaintiffs had indeed sent cease and desist letters in both April and June 2021. He followed that up with zero cooperation towards discovery.

Cease and Desist 77

Cease and Desist Reporting Business Technology 77

Patently-O

JULY 20, 2023

Timberland boots have been on the market for 50 years, and according to the record the company has “never has demanded that competitors cease and desist from selling look-alike boots.” The case is now pending appeal before the Fourth Circuit. One of the USPTO’s key arguments in the case focuses on timing.

Designs 74

Designs Design Cease and Desist Design Patent 74

TorrentFreak

JULY 27, 2022

When videogames first began hitting the market more than 40 years ago, budgets were low, expectations were low, and customers were easily pleased. Today’s market has taken all of that and turned it on its head. In March 1998, the emulation package ‘bnetd’ hit the StarCraft scene.

Cease and Desist 141

Cease and Desist Marketing Marketing Branding 141

LexBlog IP

SEPTEMBER 18, 2023

Reverse confusion, first recognized in 1968, “occurs when ‘a large junior user saturates the market with a trademark similar or identical to that of a smaller, senior user,’ thereby overwhelming the senior user.” ” Case cite, p 8, (internal citations omitted). ” Id.

Cease and Desist 52

Cease and Desist Branding Brands Branding 52

TorrentFreak

NOVEMBER 17, 2021

Earlier this month Miramax sent a cease and desist notice to Tarantino urging him to halt the upcoming sale. ‘Copyright Infringing Marketing’ In addition to a contract breach, Tarantino is also accused of copyright and trademark infringement. ” As such, the sale is still scheduled to go through next month. .

Copyright Infringement 136

Copyright Infringement Non-Fungible Tokens Copyright Cease and Desist 136

43(B)log

JANUARY 3, 2024

It was possible that the emails could constitute “an organized campaign to penetrate the market,” as the Second Circuit requires, allegations that emails were sent to “all” of a former employee’s contacts were insufficient. The false association/coordinate state law claims survived. Dismissed without prejudice.

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

The TTABlog

JUNE 25, 2021

Previous experience preparing and responding to cease and desist letters and handling other enforcement matters is preferred. An interest in public presentation, writing articles, and active marketing and business development are also required.".

Cease and Desist 40

Cease and Desist Trademark Business Marketing 40

IP and Legal Filings

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Firstly, trademarks help distinguish one product from another in the market. Primarily, trademarks perform four functions. Trademark genericide and its contributive factors.

Trademark 83

Trademark Cease and Desist Branding Brands 83

TorrentFreak

APRIL 11, 2022

In 2013, Afdah.com entered the already crowded market and quickly attracted millions of users tempted by a comprehensive library of copyright-infringing movies. In many similar cases the studios’ investigators have been able to find out the real identities of site owners and contact them directly with an order to cease and desist.

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Cease and Desist Ownership Marketing Marketing 121