Technology & Marketing Law Blog

DECEMBER 13, 2023

In that case, Judge Easterbrook wrote, in finding that a “shrinkwrap” license was enforceable against the defendant: But are rights created by contract “equivalent to any of the exclusive rights within the general scope of copyright”? 2009) (holding that a contract was not preempted by copyright). Health Grades, Inc.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

43(B)log

AUGUST 18, 2021

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 also stopped using “Officially Licensed Sturgis,” “Licensed Sturgis,” and “Authentic Sturgis.”

Cease and Desist 62

Cease and Desist False Advertising Registration Licensing 62

The TTABlog

AUGUST 15, 2022

The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use. Nor was there any evidence of advertising. Here, Respondent Branded never intended to use the mark itself, but claimed that it always intended to license or sell it.

Registration 52

Registration Cease and Desist Branding Brands 52