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Concept Of Trademark Bullying: Forceful Enforcement Of Trademark Rights In The Name Of Protection

IP and Legal Filings

The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit. Conclusion In the world of trademark owners Trademark bullying is a persistent issue.

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Four Thoughts Before Bringing a Trademark Infringement Lawsuit

Traverse Legal Blog

Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. 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.

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Preventing Trademark Infringement or Stifling Healthy Competition? A Look at 1-800 Contacts and its Keyword Advertising Battle

LexBlog IP

Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” Alternatively, should trademark owners have a responsibility to aggressively protect their intellectual property?

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Trademark Infringement 101: What You Need to Know to Protect Your Brand 

Corsearch

To be eligible for trademark protection, the mark must be distinctive, non-generic, and not already in use by another party. Learn more about distinctive trademarks. Common trademark violations Navigating the waters of trademark laws can sometimes feel like you’re trying to solve a puzzle blindfolded—confusing, right?

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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. Concluding Remarks.

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Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

When settlement discussions proved fruitless, Romag sued. 10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes. The Court found the argument intriguing but problematic.

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SpicyIP Weekly Review (February 6- February 12)

SpicyIP

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. trademark trial over ‘MetaBirkin’ NFTs. lawsuit over infinity-logo trademark.

Designs 52