IPilogue

OCTOBER 19, 2021

One Brands sold a product labelled “Tough Cookies Only” which Cookie Department argued infringed on its “Tough Cookie” trademark. In response, on August 28, Hershey sent a cease-and-desist order on its Kisses trademark, which led to the September 28 lawsuit.

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Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings.

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Cease and Desist Trademark Due Diligence Intellectual Property 40

Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid.

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Registration Registering Trademarks Trademark Cease and Desist 52

IIPRD

FEBRUARY 6, 2024

Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill. Trademark Law in the Entertainment Industry When it comes to branding and selling entertainment-related goods and services, trademarks are crucial.

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Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

MAY 24, 2023

Taco John’s registered the mark in 1989, and Gregory Hotel registered the mark for concurrent use in New Jersey in 2009 based on its common law use dating back to 1979. Taco John’s is reportedly notorious for sending cease-and-desist letters to those who use the mark. The Lanham Act, which governs U.S.

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Trademark Cease and Desist Registration Trademark Law 40

LexBlog IP

OCTOBER 25, 2021

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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Advertising Advertising Trademark Cease and Desist 52

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Ozimals * 17 USC 512(f) Claim Against “Twilight” Studio Survives Motion to Dismiss–Smith v.

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Fair Use Cease and Desist Copyright Trademark 97

SpicyIP

AUGUST 22, 2022

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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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Corsearch

FEBRUARY 22, 2024

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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Branding Brands Branding Trademark 59

IP Tech Blog

AUGUST 17, 2022

If, instead, this were a case of trade dress infringement, the right holder would have to file a civil lawsuit under the Unfair Competition Law and prove: a) the notoriety of its product packaging/decoration, b) the infringing act, and c) the damages. 57 of the Chinese Trademark law. 57 of the Trademark Law.

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Trademark Registering Trademarks Art Cease and Desist 104

The IPKat

JULY 22, 2021

The ability to protect cultural works as trademarks disrupts these goals, by affording trademark owners more communication power than other speakers and preventing works from ever entering the public domain. At this stage, the picture for cultural follow-on innovation appears bleak.

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Trademark Public Domain Copyright Cease and Desist 57

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. at 5-7, 90-91. [6] at 28-33. [8] 10] 599 U.S.

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Fair Use Trademark Cease and Desist Designs 130

LexBlog IP

JUNE 9, 2023

Jack Daniels sent a cease and desist letter to VIP shortly after the product launched. ” The Court noted that applying Rogers to all matters where there is an expressive element would impermissibly extend Rogers to nearly all facets of life and potentially supplant the purpose of trademark law.

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Trademark Cease and Desist Fair Use Branding 52

LexBlog IP

AUGUST 17, 2022

If, instead, this were a case of trade dress infringement, the right holder would have to file a civil lawsuit under the Unfair Competition Law and prove: a) the notoriety of its product packaging/decoration, b) the infringing act, and c) the damages. 57 of the Chinese Trademark law. 57 of the Trademark Law.

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Trademark Registering Trademarks Art Cease and Desist 52

LexBlog IP

JUNE 16, 2023

. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. 2 On Your Tennessee Carpet” referencing dog urine because it infringed and tarnished its famous trademarks. . __ (2023) (No. Lemley, “Grounding Trademark Law Through Trademark Use,” 92 Iowa L.

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Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. 2 On Your Tennessee Carpet” referencing dog urine because it infringed and tarnished its famous trademarks. . __ (2023) (No. Lemley, “Grounding Trademark Law Through Trademark Use,” 92 Iowa L.

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Fair Use Cease and Desist Trademark Designs 52

Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Unlike trademark law, copyright is not a “use it or lose it” proposition. Just as remarkable as Barlow & Bear’s success was Netflix’s response.

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Music Derivative Work Fair Use Cease and Desist 104

LexBlog IP

MARCH 25, 2022

Patent owners can use it to check for potential infringers, send cease and desist letters, or seek licensing opportunities. Prior to law school, Rob conducted high energy nuclear physics research for Georgia State University and created, coded, and appropriated specialized software for local political campaigns. Contact Rob.

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The IP Law Blog

MARCH 2, 2021

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. But even if the Court put aside these issues, its own survey of the case law was less convincing than Fossil would have had the Court believe.

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Intellectual Property Contracts Trademark Trademark Law 52

SpicyIP

FEBRUARY 13, 2023

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. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

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Designs Design Trademark Cease and Desist 52

IPilogue

MARCH 2, 2022

On December 16th, 2021, Hermès sent a cease-and-desist letter to both OpenSea and Rothschild, notifying them of the “blatant violation of intellectual property.” Trademark Protection in the Metaverse . While trademark law has well been established for luxury fashion, the metaverse complicates existing law.

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Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

To obtain trademark protection, a business must first adopt a graphically represented mark which is unique and distinguishable. Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. It takes years for them to get registration.

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Business Trademark Registration Cease and Desist 52

Patent Trademark Blog

APRIL 28, 2022

US trademark rights go to the first-user. In contrast, many foreign countries give trademark rights to the first filer. US trademark law is different. What can a common law trademark owner do? Even without a registered trademark, a common law trademark owner can still have significant rights.

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Trademark Law Cease and Desist Registration 52

The IP Law Blog

JANUARY 12, 2023

Unless a company executive is closely managing these vendors when they do their work, it would be difficult to determine whether or not they engaged in acts that may be considered infringement until the company receives a cease and desist letter.

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IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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Trademark Blogging Trademark Law Fair Use 99

Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

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Registration Trademark Blogging Law 74

Technology & Marketing Law Blog

MARCH 4, 2022

This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

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