Technology & Marketing Law Blog

DECEMBER 13, 2023

2009) (holding that a contract was not preempted by copyright). And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law. Health Grades, Inc. Robert Wood Johnson University Hosp., 634 F.Supp.2d 2d 1226, 1246 (D. 2019 WL 3555509 (D.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

azrights

MARCH 23, 2022

? ?. One person who clearly didn’t understand this was Mr Gu who set up a Chinese takeaway in Barrow-in-Furness in 2009 using the name China Tang. For 12 years he used this name.

Business 52

Business Brands Branding Branding 52

LexBlog IP

MAY 24, 2023

Taco John’s registered the mark in 1989, and Gregory Hotel registered the mark for concurrent use in New Jersey in 2009 based on its common law use dating back to 1979. Taco John’s is reportedly notorious for sending cease-and-desist letters to those who use the mark.

Trademark 40

Trademark Cease and Desist Registration Trademark Law 40

The TTABlog

JULY 29, 2021

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.

Registration 40

Registration Cease and Desist Ownership Advertising 40

Corsearch

FEBRUARY 22, 2024

Even with innocent intentions, these trademark violations can attract legal eagles faster than you can say, “cease and desist.” vs. The South Butt (2009) In a classic case where imitation was not considered flattery, The North Face vs. The South Butt case became a pivotal example of trademark infringement.

Brands 59

Brands Branding Branding Trademark 59

SpicyIP

MAY 15, 2023

They further argued that they had issued a cease and desist notice on 6th November, 2020 to which no response was received. The defendants applied for registration of their mark on 13th April 2009. The defendant further argued that it has applied to register its mark in 2009, however the application is still pending.

Trademark 104

Trademark Registration Cease and Desist IP 104

The TTABlog

AUGUST 15, 2022

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."

Registration 40

Registration Cease and Desist Brands Branding 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

the ITC can also issue cease and desist orders to prevent further sales of the accused products. 16, 2009). [11] This is achieved through an exclusion order , which is typically “limited”, i.e. , applying only to the named respondent. [6] 6] For respondents with commercially significant inventory in the U.S., 11] TianRui Grp.

Litigation 40

Litigation Cease and Desist Patent Infringement Intellectual Property 40

IP and Legal Filings

MARCH 5, 2024

Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action. Anonymity of Infringers Anonymous actors make it difficult to identify defendants, hindering the service of notice and delivery of cease requests.

Trademark 98

Trademark Social Media Advertising Advertising 98

The IPKat

MARCH 8, 2023

It owned a figurative EU trade mark containing the word ' HEITECH ', registered in 2008 and used since 6 May 2009 at the latest. 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.

Cease and Desist 125

Cease and Desist Art Licensing Registration 125

TorrentFreak

DECEMBER 19, 2024

The same can be said for the relaunch of Suprnova in 2009 by The Pirate Bay, which Andrej wasn’t actively involved in. TF: 20 years ago you were worrying about cease and desist letters from copyright holders. That never really took off. Today, you’re an established ‘creator’ yourself.

Cease and Desist 114

Cease and Desist Art Copyright Business 114

SpicyIP

JULY 20, 2024

In 2009, Prof. But before you go, do check Roshan’s post discussing whether sending a cease-and-desist notice could impact our chances of securing an ex parte ad interim injunction. Basheer also discussed the “Efficacy” of Section 3(d) in the context of Patent Oppositions in India here and here. Perhaps not.

Cease and Desist 119

Cease and Desist Licensing IP Patent 119

Technology & Marketing Law Blog

JANUARY 14, 2025

Capitol Records (the successor to EMI) sent its first cease-and-desist letter to Vimeo in 2008 and sued Vimeo for copyright infringement in 2009. We rarely see lengthy (this one clocks in at 46 pages), detailed, and philosophical Section 512(c) opinions any more, and we only get this one because of the case’s extreme age.

Music 92

Music Fair Use Copyright Cease and Desist 92