SpicyIP
SEPTEMBER 18, 2023
We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Hons) LLB from NALSAR, Hyderabad in 2011 and MSc from Oxford, UK in 2012. He completed his B.A.
IPilogue
APRIL 11, 2022
She received a cease-and-desist notice from the photographer Michael Halsband, directing her to destroy the artwork. Guadamuz was a critic of NFTs since 2011 and only got involved in their trade to understand what the fuss was all about. He authored “ The Treachery of Images: Non-fungible Tokens and Copyright ”.
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43(B)log
AUGUST 18, 2021
SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. The laches defense is not available “when the defendant knew that the plaintiff objected to the use of the mark,” as “[a]ny acts after receiving a cease and desist letter are at the defendant’s own risk.” apart from the mark as shown.”
Technology & Marketing Law Blog
DECEMBER 13, 2023
2011) (citing to ProCD in rejecting preemption in the context of a Desny claim). 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. There is certainly an argument that the Ninth Circuit has adopted the logic of ProCD v.
Patently-O
JULY 10, 2024
The Federal Circuit panel in SnapRays had distinguished cases involving ordinary cease-and-desist letters, reasoning that “LDG did more than send a cease and desist letter” by initiating the APEX process that would automatically remove SnapRays’ listings absent action by SnapRays. Wok & Pan, Ind.,
Technology & Marketing Law Blog
JANUARY 25, 2024
4, 2011)) (emphasis in original). precedent, could Meta just amend its terms, send another cease-and-desist, and revisit this, or does this case repudiate that whole line of precedent? The 2009 Facebook Terms included the following clause: “accessing or using our website. signif[ies] that you. agree to be bound by these Terms.
SpicyIP
NOVEMBER 21, 2022
The court relied on the studies conducted by Lumen and “large volumes” of cease and desist complaints to prima facie establish that the App is a rogue website and deserves to be blocked as a whole. Delhi High Court granted an interim injunction to the Plaintiff, blocking ‘Pikashow’ App from being accessed in any matter whatsoever.
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