Sat.Jun 14, 2025 - Fri.Jun 20, 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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The ‘Superlative’ Injunction: India’s Pirate Site Blockades Go Next Level

TorrentFreak

Pirate sites and services can be a real challenge for rightsholders to deal with. In India, however, recent court orders have proven to be quite effective. Indian courts have issued pirate site blocking orders for over a decade and at least initially, they were relatively basic. To get a site blocked by local ISPs, rightsholders had to request an injunction for specific domain names, providing detailed evidence for each.

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USPTO Unveils AI Tools To Speed Up Patent Examinations

IP Law 360

The U.S. Patent and Trademark Office said Tuesday it is developing various artificial intelligence programs to help patent and trademark examiners, including tools to help them identify prior art faster.

Patent 92
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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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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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The Online Streaming Act Was Already Complicated and Controversial Enough, But Now Quebec Enters the Fray (No Surprise: It’s Happened Before)

Hugh Stephens Blog

Tug of War Image: Shutterstock (modified) Welcome to Canada, where the difficult can become the intractable when you add the inevitable additional ingredient of federal-provincial politics to any policy issue. Throw in the survival of the French language and Quebec culture in Canada and you have another classic Canadian drama.

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Why the Studios’ Midjourney Lawsuit Is Different

Copyright Lately

No one understands the power of visuals like Hollywood. And in their new lawsuit against Midjourney, Disney and Universal aren’t just alleging infringement—they’re showing it. Another week, another AI copyright complaint. But if you’re tempted to file Disney v. Midjourney away as just “Lawsuit No. 42,” don’t. On Wednesday, Disney and Universal sued the popular image-generation platform for copyright infringement, marking the first time major film studios have entered the generative AI liti

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AG Emiliou advises CJEU on pastiche (while adopting very critical stance on EU copyright system as a whole and past CJEU case law too)

The IPKat

Moses PelhamWhat does 'pastiche' mean? A question like this, raised a few years ago, would probably have sounded esoteric - if not plainly weird - to most. Yet, it is now at the centre of one of the most important recent referrals to the Court of Justice of the European Union (CJEU): Pelham II, C-590/23 [IPKat here, here, here, here, here].

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‘Immediate’ Pirate IPTV Shutdowns? No Problem, Please Ask Us Yesterday

TorrentFreak

In 2023, sports rightsholders and their broadcasting partners had their collective patience tested to the limit. Coordinated industry-wide action late 2022 placed rising IPTV piracy rates under the spotlight, aiming to put the European Commission under pressure to take immediate action. Rightsholders wanted new legislation, to compel intermediaries to cooperate with faster takedowns, or even cooperate at all.

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Passwords Aren’t Enough: The Critical Role of NDAs in Trade Secret Protection

JD Supra Law

In the digital age, businesses may assume that firewalls, login credentials and restricted access are enough to shield proprietary data. But a recent federal court decision shows that a “trade secret” under the Defend Trade Secrets Act (DTSA) may require more than technical controls — it requires documented, enforceable commitments to confidentiality.

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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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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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Major Film Studios File Copyright Suit Against Midjourney

The Illusion of More

“Midjourney is the quintessential copyright free-rider and a bottomless pit of plagiarism.” Well, there it is. If you had been wondering whether and when the major studios would file a copyright infringement suit against a developer of generative AI (GAI), it finally happened on June 11. Disney and its subsidiaries, along with Universal Studios, filed […] The post Major Film Studios File Copyright Suit Against Midjourney appeared first on The Illusion of More.

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Napster and Sonos Sued for Millions in Unpaid Music Royalties

TorrentFreak

In the late ’90s, with P2P file-sharing yet to really take off, music industry insiders had already toyed with the idea of a ‘celestial jukebox’ that could access all music in the world. While the idea sounded appealing, the economics were not straightforward, and it took an external in ter vention to spur record labels into action. When Napster launched in 1999, it sparked a music revolution that changed the industry forever.

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Key Takeaways: Strategies from the First Two Years of the UPC

JD Supra Law

The Unified Patent Court (UPC) represents a transformative development in European patent litigation. Fenwick’s Ryan Johnson teamed up with Bird & Bird’s Boris Kreye and Chris de Mauny to explore important considerations and strategies based on the UPC’s first two years of operation.

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A Big Win for Small Business Patent Owners: Leveling the Patent Litigation Playing Field

IP Watchdog

This week on IPWatchdog Unleashed I speak with F. Scott Kieff, former Commissioner on the International Trade Commission, and Joshua Hartman, head of Merchant & Gould’s ITC practice group. Our conversation, which took place on June 4, focused on the landmark ruling by the Federal Circuit in Lashify, Inc. v. International Trade Commission, which was a big win for small business patent owners.

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That great, free First Amendment thing

Likelihood of Confusion

Originally posted 2017-07-24 15:38:29. Republished by Blog Post PromoterI was recently, and very briefly, the toast of whatever for my efforts in making the world safe for nasty trademark registrations under the banner of the First Amendment. But today I got a result, along with my colleague Bruce Godfrey of Jezic & Moyse LLC, in a First […] The post That great, free First Amendment thing appeared first on LIKELIHOOD OF CONFUSION™.

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Reddit Defeats Lawsuit Over WallStreetBets Subreddit–Rogozinski v. Reddit

Technology & Marketing Law Blog

This is one of those oh-so-stupid hard-eyerolling lawsuits that I blog for coverage purposes, but I blog it joylessly and with annoyance at the wasted time. I previously summarized this case: Jaime Rogozinski, a/k/a “ jartek ,” created the r/WallStreetBets subreddit, which became notorious for (among other lowlights) its role as a venue for hyping meme stocks like Gamestop.

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Beyond Copyright: Reddit’s Lawsuit Against Anthropic

JD Supra Law

On June 4, 2025, Reddit, Inc. (“Reddit”) filed suit against Anthropic, PBC (“Anthropic”) in the Superior Court of California, alleging that Anthropic scraped and commercially exploited Reddit user data—including deleted posts—without consent or compensation. Unlike recent enforcement efforts that have centered on establishing copyright infringement liability, Reddit’s complaint brings five causes of action—breach of contract, unjust enrichment, trespass to chattels, tortious interference, and.

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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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Delhi HC’s Orders in Sadhguru & Ankur Warikoo Cases: What Indian Courts Are Getting Wrong About Personality Rights?

SpicyIP

In light of the Delhi High Court’s recent orders in Sadhguru Jaggi Vasudev and Ankur Warikoo cases, SpicyIP intern Anureet Kaur highlights how, instead of building a principled framework for assessing personality rights, the courts are granting injunctions without a firm doctrinal grounding. Anureet is a second year B.A. LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Punjab.

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Navigating Taxation and Incentives in India’s Media & Entertainment Sector

IP and Legal Filings

India’s media and entertainment (M&E) industry, worth more than $25 billion, functions within a vibrant tax regime influenced by GST reforms, income tax laws, and focused incentives. In the post-GST era, the sector shifted from state-level fragmented taxes to a consolidated structure, while current budgets and policies seek to fuel growth through subsidies and ease of compliance.

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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.

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X vs. Music Publishers: Settlement Looms in Copyright Clash After “Maximum Pain” Revelation

TorrentFreak

In a complaint filed at a Nashville federal court two years ago, Universal Music, Sony Music, EMI and others, accused X Corp of ‘breeding’ mass copyright infringement. The social media company allegedly failed to respond adequately to takedown notices and lacked a proper termination policy. The National Music Publishers Association (NMPA) claimed it had sent over 300,000 formal infringement notices, many of which didn’t lead to immediate removals.

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(No) Royalty in the Clouds: Between Copyright and Consumption

SpicyIP

In a significant judgement, the Delhi High Court in Commissioner of Income Tax v. Amazon Web Service held that payments for cloud computing services to AWS do not constitute “royalty”(one of the reasons being the absence of any commercial exploitation of IP rights involved). Rupam and Kartik analyse this judgement, explaining how it marks a pivotal moment in India’s approach to taxing cross-border digital transactions.

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Other Barks & Bites for Friday, June 20: Advocate General Tells CJEU to Affirm €4 Billion Antitrust Fine Against Google; Recentive Challenges Section 101 Invalidation of Machine Learning Claims

IP Watchdog

This week in Other Barks & Bites: Senators Hirono and Blackburn join the bipartisan collection of lawmakers supporting the current version of Section 101 legislative reform; Accenture announces that it will combine several of its professional services as part of the company’s adoption of AI; the Federal Circuit clarifies that nexus does not need to be proved for specific patent claims-at-issue when licensing agreements involving their patents are entered as evidence; Advocate General Kokott

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Seeing Around Corners: Where Disruption and Antitrust Meet

JD Supra Law

“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment, presenting both threats and opportunities for companies in a wide array of industries. While disruption is predominantly thought of as a business issue, antitrust risks are often lurking in the background.

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The hidden crisis: why insider threat statistics fail to capture trade secret theft reality

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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SpicyIP Weekly Review (June 9 – June 15)

SpicyIP

What Indian Courts Are Getting Wrong About Personality Rights? – A post analysing the recent Delhi HC order in Sadhguru and Ankur Warikoo. Post on the Delhi HC’s increases coverage via a ‘superlative injunction’ The long awaited Pandemic Treaty is finally here but will it be able to overcome the challenges it originally aimed to resolve?

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[Book Review] The Protection of Traditional Knowledge at the Frontiers of Drug Discovery

The IPKat

This is a review of the book, The Protection of Traditional Knowledge at the Frontiers of Drug Discovery (Hart, 2024) by Peter S. Harrison.

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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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Article III, the PTAB, and Expired Patents: Constitutional Analysis After Oil States

Patently-O

by Dennis Crouch The Supreme Court is being asked to decide whether the PTAB can invalidate expired patents through inter partes review, in a case that could limit the reach of the landmark Oil States decision that found IPRs constitutionally permissive. In Apple Inc. v. Gesture Technology Partners , the Federal Circuit ruled that PTAB retains jurisdiction over expired patents, but the patentee argues in its petition that once patents expire, they become purely private property rights that requi

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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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IPTV Piracy Lawsuit Targets ‘Boss IPTV Cartel’, CDN, Hosts, Set-Top Box Supplier

TorrentFreak

Incorporated in Georgia, YuppTV USA Inc. markets itself as one of the world’s largest internet-based TV and on-demand platforms for South Asian content. Most of the company’s subscribers are described as “non-resident individuals.” Filed at a federal court in the Middle District of Pennsylvania, YuppTV’s copyright complaint begins by naming Canada-based Harpreet Singh Randhawa as the operator of one or more IPTV services, sold under multiple brand names.

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5 Key Takeaways | Making Sense of §102 Public Use and On Sale Bars to Patentability

JD Supra Law

Kilpatrick’s Justin Krieger and Karam J. Saab recently presented at the “23rd Annual Rocky Mountain Intellectual Property & Technology Law Institute” in Westminster, Colorado. This two-day event brings together thought leaders, seasoned practitioners, and innovators to explore how emerging technologies, global regulations, and emerging legal theories shape the future of IP and technology law.

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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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A Stumble on the Tightrope?: How the Delhi High Court’s Ruling in Zeria Pharmaceuticals Could Stifle Innovation

SpicyIP

The Delhi High Court recently dismissed an appeal against the Controller’s order rejecting a patent for an intermediate on the grounds of Section 3(d). Analysing the Court’s decision, SpicyIP intern Ayush Shetty argues how the Court might have erred in applying the provision by comparing the intermediate with the final product. Ayush is a fourth-year law student at the National Law School of India University, Bangalore, with a keen interest in patent law.

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