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

The IPKat

It, however, appears that the sign Crompouce® was registered as a trademark with the Benelux Office for Intellectual Property (BOIP) already in 2020 and the design was registered as a Benelux design in the same year. In the media, a discussion emerged among Dutch IP professionals about whether Crompouce® is a valid trademark?

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Kanye’s Got Beef With an Aussie Burger Joint

LexBlog IP

.” Ye claims the hamburger restaurant, located in Ivanhoe (a suburb of Melbourne), continues to have food on its menu named after the artist’s 2004 album and says neither his store nor products are approved for use by Ye. ”, intellectual property law expert, Ben Hopper told 7NEWS.

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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.

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A right to information when there’s no IP: CJEU discusses the scope of Article 8 Enforcement Directive

The IPKat

This question was whether, under Article 8(1) Enforcement Directive (2004/48/EC ) (the Enforcement Directive), a claimant in infringement proceedings can request a court to order certain parties to disclose information. Article 4(a) refers to the ‘holders of intellectual property rights’ being entitled to apply for an Article 8 request.

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No IP, no right to information? CJEU to clarify scope of article 8 Enforcement Directive

The IPKat

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. This so-called ‘right to information’ includes information on the origin of the infringement (e.g. One image is depicted below.

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A Trademark Christmas

LexBlog IP

The 2004 Warner Brothers film based on a 1985 children’s book has resulted in 14 registered trademarks for Warner Brothers. For example, if you are thinking about launching a special promotion for your products or services inspired by holiday-themed IP, it can still result in a cease-and-desist (or worse). Home Alone.