Thu.Jun 19, 2025

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25 Considerations for Sending a Trademark Cease and Desist Letter

Erik K Pelton

The following is an edited transcript of my video 25 Considerations for a Trademark Cease and Desist Letter. A lot goes into the strategy, content, details, law, and evidence in a cease and desist letter. Before sending any such letter, here are 25 important considerations? Who has priority and what are the relevant dates? Is there really a likelihood of confusion or is there actual confusion?

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EBA decides G1/24 on claim interpretation: The description should always be consulted

The IPKat

The Enlarged Board of Appeal (EBA) has issued its highly anticipated decision in G 1/24, relating to fundamental questions about how patent claims should be interpreted when assessing patentability.

Patent 108
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Wilus sues Asus at UPC and German regional court over Wi-Fi 6 technology

IAM Magazine

It is the South Korean R&D organisation’s first Unified Patent Court action

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Radio Silence Alone Doesn’t Prove Equitable Estoppel Defense

JD Supra Law

The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment grant based on an equitable estoppel defense, finding that the accused infringer failed to show that the patent owner’s silence or inaction influenced the decision to migrate to the accused system. Fraunhofer-Gesellschaft v. Sirius XM Radio Inc., Case No. 23-2267 (Fed.

Patent 68
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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Stewart Expands on ‘Settled Expectations’ Criteria in Interim Discretionary Denial Process

IP Watchdog

In the latest Director Discretionary Denial decision, Acting U.S. Patent and Trademark Office (USPTO) Director Coke Morgan Stewart granted AXA Power’s request for discretionary denial based on “settled expectations” of the patent owner—a doctrine that is shaping up to be a key factor in Stewart’s interim discretionary denial process.

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USPTO Discontinues Accelerated Examination for Utility Patent Applications, but Track 1 Remains a Good Option

JD Supra Law

The USPTO recently announced that the Accelerated Examination program will be discontinued as of July 10, 2025. Given that the program has had limited use over the past decade, with fewer than 100 Accelerated Examination requests being filed yearly since 2014, this will have limited impact on the current application backlog, but Track One Examination remains a viable option to expedite examination of US patent applications.

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When Is a Car a Character? The Ninth Circuit Revisits Copyrightability in Halicki v. Carroll Shelby Licensing

JD Supra Law

The Copyright Act does not expressly address the protection of individual characters in expressive works, but courts have long recognized that certain characters, particularly those with strong visual or narrative identities, may be independently copyrightable. The Ninth Circuit crystallized this principle in DC Comics v. Towle, 802 F.3d 1012 (9th Cir. 2015), where it held that the iconic Batmobile, as depicted in both comics and films featuring the Caped Crusader, qualified as an independently.

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Walking on ‘Thin’ Ice: DHC Domestically Injuncts Reddy’s from Selling Novo Nordisk’s Weightloss Drug

SpicyIP

[A big thanks to Praharsh and Swaraj for their inputs on this post.] [Disclaimer: Long post ahead] A recent order ( pdf ) by the Delhi High Court (DHC) has drawn significant attention regarding the manufacture and availability of the diabetes management and weight-loss assistance drug semaglutide (sold as Wegovy and Ozempic). On 29 May 2025, the Single Bench (SB) comprising Justice Amit Bansal restrained Indian companies Dr.

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In Determining Subject Matter Eligibility, the Name of the Game Is the Claim

JD Supra Law

In a decision underscoring the distinct standards governing enablement under §§ 102 and 112, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s finding that a prior art reference was enabling for purposes of anticipation, even in the absence of working examples. Agilent Technologies, Inc. v. Synthego Corp., Case Nos. 23-2186; -2187 (Fed.

Art 63
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Federal Circuit Affirms PTAB’s Invalidation of Some Avago Patent Claims, Vacates and Remands on Claims Upheld

IP Watchdog

On Wednesday, June 18, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued an opinion affirming in part and vacating in part the Patent Trial and Appeal Board’s (PTAB) decision regarding Avago Technologies' U.S. Patent No. 8,646,014. The patent, titled "Multistream Video Communication With Staggered Access Points," addresses methods for reducing latency in video streaming systems.

Patent 59
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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Jurisdiction Affirmed: Trademark Ripples Reach US Shores

JD Supra Law

Addressing for the first time the issue of whether a foreign intellectual property holding company is subject to personal jurisdiction in the United States, the US Court of Appeals for the Eleventh Circuit reversed a district court’s dismissal and determined that the holding company, which had sought and obtained more than 60 US trademark registrations, had sufficient contacts with the US to support exercise of personal jurisdiction.

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Automation in Action: How Corsearch Zeal 2.0 Triples Analyst Productivity

Corsearch

If you’re managing brand protection today, you’re up against an impossible volume of threats. The listings never stop. The platforms keep growing. And your team? They’re expected to cover it all, quickly and precisely, with no margin for error. Recent research predicts that counterfeit trade could reach $1.79 trillion by 2030 , a 75% increase from that of 2023 and a growth 3.6 times higher than predicted for the global economy over the same period[1].

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CRISPR Clarity: Enablement Is Analyzed Differently Under §§ 102 and 112

JD Supra Law

In a decision underscoring the distinct standards governing enablement under §§ 102 and 112, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s finding that a prior art reference was enabling for purposes of anticipation, even in the absence of working examples. Agilent Technologies, Inc. v. Synthego Corp., Case Nos. 23-2186; -2187 (Fed.

Art 61
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Chasing the puck: insights on trade secret management from a California litigator

IAM Magazine

Jeffrey D.

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No Blank Check: Vendor Can’t Claim Declaratory Judgment From Customer Lawsuits Alone

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a declaratory judgment action, explaining that declaratory judgment jurisdiction does not “arise merely on the basis that a party learns of the existence of a patent owned by another or even perceives such a patent to pose a risk of infringement, without some affirmative act by the patentee.

Patent 63
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Digital Access as a Fundamental Right

IP and Legal Filings

A two-judge bench of the Supreme Court, comprising J.B. Pardiwala and R. Mahadevan, JJ., on April 30th, 2025, ruled that digital access is a fundamental right under the Constitution of India. Hearing two Public Interest Litigations (PILs), Pragya Prosun v. Union of India and Amar Jain v. Union of India [1] , the bench said that inclusive digital ecosystems were not just a matter of policy but a constitutional imperative. [2] The PILs challenged the existing digital KYC procedures for being discr

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Patent Case Summaries | Week Ending June 13, 2025

JD Supra Law

Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v. Sirius XM Radio Inc., No. 2023-2267 (Fed. Cir. (D. Del.) June 9, 2025). Opinion by Lourie, joined by Dyk and Reyna.

Patent 61
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Chasing the puck: insights on trade secret management from a California litigator

IAM Magazine

Jeffrey D.

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Green Glove Trademark Application Gets Red Light From Federal Circuit

JD Supra Law

In a precedential decision, the U.S. Court of Appeals for the Federal Circuit recently blessed the test used by the U.S. Trademark Trial and Appeal Board (TTAB) for denying registration to PT Medisafe Technologies for a single color — dark green — as applied to chloroprene medical examination gloves.

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Our Three Biggest Takeaways from the 2025 RightsDirect Innovation Summit in Frankfurt, Germany

Velocity of Content

Direct input from customers is vital to CCC and RightsDirect for determining the path forward for our products and services. In Spring 2025, we brought together 27 information managers, medical affairs professionals, and lawyers from 20 R&D-driven organizations for a two-day in-person event, the 2025 RightsDirect Innovation Summit. Topics at our interactive event in Frankfurt, Germany included the intersection of AI and copyright, the evolving workflows of information users, and the challeng

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Long-Awaited Settlement Agreement Raises New Challenges for NIL Licensing Deals

JD Supra Law

On June 6, 2025, the Northern District of California in House v. NCAA approved a landmark settlement deal allowing colleges and universities to pay their students directly for their participation in college athletics. The deal between the National Collegiate Athletic Association, its conferences, and lawyers representing NCAA Division I athletes marks another major shift in the NCAA’s policies around the amateurism of student athletes and in their performance compensation.

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Wilus sues Asus at UPC and German regional court over Wi-Fi 6 technology

IAM Magazine

It is the South Korean R&D organisation’s first Unified Patent Court action

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How Do Unions Protect Workers?

Nelligan Law

Reading Time: 2 minutes Our Labour Law team has seen firsthand how unions play a crucial role in protecting workers’ rights and improving working conditions across Ontario. But what exactly does that protection look like? Here’s how unions help safeguard workers, both on the job and at the bargaining table. 1. Collective Bargaining Power Unions negotiate on behalf of all members to secure fair wages, hours, benefits, and working conditions.

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Compliance Matters: Navigate Nonprofit Financial Regulations 

Cogency Global

Staying compliant with nonprofit financial regulations keeps your organization in good standing. Explore these regulations and how to maintain compliance. The post Compliance Matters: Navigate Nonprofit Financial Regulations appeared first on Cogency Global.

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How Long Do You Have to Report a Slip and Fall?

Nelligan Law

Reading Time: 2 minutes Slip and fall accidents can happen quickly—but the consequences can last a long time. Whether it’s a slippery sidewalk, icy parking lot, or unsafe flooring in a store, falls can cause serious injuries like fractures, head trauma, or chronic pain. If you’re hurt in a fall on someone else’s property, it’s important to report it as soon as possible—both to protect your health and to preserve your legal rights.

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Government Reverses on Privacy and the Charter: Department of Justice Analysis Concludes Political Party Privacy Bill Raises No Charter of Rights Effects

Michael Geist

The Department of Justice has released its Charter Statement for Bill C-4, the affordability measures bill that also exempts political parties from the application of privacy protections on a retroactive basis dating back to 2000. The provisions give political parties virtually unlimited power to collect, use and disclose personal information with no ability for privacy commissioners to address violations.

Privacy 112
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USPTO hiring examiners after securing limited exception to federal workforce freeze

IAM Magazine

Visit WTR About Archive ☰ Login | Register ☰ ☰ IAM Trade Secrets News & Analysis Categories News & Analysis Long Reads Opinion Topics Copyright, designs & trademarks Finance & valuation FRAND/SEPs Law & policy Licensing Litigation Transactions Sectors Artificial Intelligence Automotive Banking & Financial Services Internet & IoT Life Sciences Mobile communications Semiconductors Telecommunications Regions Africa & Middle East Asia-Pacific Europe Latin America & Caribbean North America Report

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Cert Petition Preview: Federal Circuit’s Broad Reading of TrafFix in CeramTec

Patently-O

by Dennis Crouch CeramTec GmbH v. CoorsTek Bioceramics LLC, (formerly known as C5 Medical Werks, LLC) CeramTec GmbH has requested a 30-day extension to file a petition for certiorari in its dispute with CoorsTek Bioceramics LLC over pink ceramic hip implants, setting up what could be a significant Supreme Court review of the intersection between expired utility patents and trademark protection.

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USPTO hiring examiners after securing limited exception to federal workforce freeze

IAM Magazine

Visit WTR About Archive ☰ Login | Register ☰ ☰ IAM Trade Secrets News & Analysis Categories News & Analysis Long Reads Opinion Topics Copyright, designs & trademarks Finance & valuation FRAND/SEPs Law & policy Licensing Litigation Transactions Sectors Artificial Intelligence Automotive Banking & Financial Services Internet & IoT Life Sciences Mobile communications Semiconductors Telecommunications Regions Africa & Middle East Asia-Pacific Europe Latin America & Caribbean North America Report