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Tacos with a Side of Cease and Desist

IPilogue

Controversy ensued when a Mexican food restaurant in the UK, Taquería, issued a cease and desist letter to a similar restaurant, Sonora Taquería, for infringement of their registered mark “Taqueria.” Presumably, when it was granted in 2004, the mark was not considered generic or descriptive.

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‘Free Download Manager’ Removes YouTube Support After Google Complaint

TorrentFreak

FDM is a multi-purpose download tool that has been around since 2004. Over the years, YouTube’s legal team has regularly approached operators of stream-ripping services with cease and desist notices. ‘Free Download Manager’ Pulls YouTube Support. Warnings From YouTube’s Legal Team Are Not New.

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‘Where thou documents?’ asks BHC, denying interim injunction to Shemaroo

SpicyIP

Shemaroo entered into assignment deeds with the producers and owners of the suit films between 2004-2016, acquiring sole, exclusive and absolute ownership of all the vested copyrights. However, after expiration of the period, Defendant 2 continued to exploit rights against which Plaintiff issued a cease and desist notice twice.

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CJEU confirms extrajudicial costs are 'other expenses' which may be claimed in IP infringement cases

The IPKat

It is not uncommon that the infringing party may be willing to cease the infringement, but unwilling to compensate all the legal costs claimed. A cease-and-desist letter was sent to FU requesting to stop the infringement and to compensate the legal costs borne.

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Better late than never? Not if you want to avoid acquiescence!

The IPKat

The defendant was aware of the plaintiff’s mark and asked the plaintiff in November 2004 if he would consider concluding a coexistence agreement. It was only in April 2009 that the plaintiff sent a warning letter to the defendant, requesting that it cease and desist from using 'HEITECH' as a trade mark and company name.

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[Guest post] Dutch IP battle about the hyped “Crompouce®”- a croissant-tompouce hybrid

The IPKat

Image created by DALL·E 2 Dutch bakeries have since received cease and desist letters to stop selling the product (under the sign Crompouce®). In the media, a discussion emerged among Dutch IP professionals about whether Crompouce® is a valid trademark?

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Through the Fire? Not Anymore – European Court of Justice strengthens Rights of Patent Owners in Germany

IP Tech Blog

With judgment of 28 April 2022, Case C-44/21 – Phoenix Contact , the European Court of Justice (ECJ) declared this practice incompatible with EU Directive 2004/48/EC (Enforcement Directive). In the event of a cease and desist letter, it is therefore becoming even more important to immediately set up a suitable defense strategy.