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Her first worldwide tour in 2009 included four shows performed in Brisbane, Sydney and Melbourne, and she sold "KATY PERRY" branded apparel and merchandise at these concerts. Her management team set up a web-store by 24 September 2008 to advertise and sell such merchandise.
Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action.
were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. It was thus barred from equitable relief for its trademark infringement, false advertising, and state deceptive trade practices claims.
2009) (holding that a contract was not preempted by copyright). In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” Health Grades, Inc. Robert Wood Johnson University Hosp., 634 F.Supp.2d 2d 1226, 1246 (D.
In 2009, Respondent Nema Foods filed an application to register the mark, When Nema Kimya became defunct, petitioner began exporting its products directly to respondent. Respondent, who then sent a cease-and-desist letter to petitioner, prompting the subject petition for cancellation.
Nor was there any evidence of advertising. Branded contended that it had been policing its marks, which showed its intent to resume use, However, there was no evidence of the issuance of cease-and-desist letters, nor of the commencement of any litigation. The found this evidence of enforcement efforts "not persuasive."
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