The IPKat

AUGUST 8, 2021

Thirdly, the General Court did not consider that the cease-and -desist letter was a relevant factor in the assessment of bad faith, since such a request fell within the scope of the rights attaching to the registration of a mark.

Cease and Desist 130

Cease and Desist Registration Business Marketing 130

Kluwer Copyright Blog

NOVEMBER 24, 2021

In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view). Collecting Societies. International aspects.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

OCTOBER 28, 2022

As usual in these types of cases, Ryanair sent cease-and-desist letters to Booking telling it to stop. Power Ventures was a 2016 case involving Facebook (back when the company itself was still known as Facebook). Needless to say, it didn’t stop. When Booking didn’t stop, Ryanair sued for five different violations of the CFAA.

Blogging 111

Blogging Cease and Desist Business Litigation 111

TorrentFreak

MARCH 10, 2022

The sites are taken down in a number of ways, from cease-and-desist warnings to full-blown litigation. In 2016 we reported that the MPAA (now MPA) had done a deal with domain name registry Donuts. However, there are other options too, including by targeting the intermediary services that the sites rely upon to stay online.

Cease and Desist 98

Cease and Desist Reporting Advertising Advertising 98

Intellectual Property Law Blog

JUNE 5, 2023

In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. Goldsmith was not paid or credited for this use.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Technology & Marketing Law Blog

MARCH 28, 2023

Meta sent Bright Data a series of cease-and-desist notices telling it to stop. Plaintiffs alleged that Facebook and LinkedIn agreed to divvy up the social media market “between 2013 and 2016.” On the surface, this case follows the fact pattern of nearly all web-scraping cases. Bright Data didn’t stop.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

Indiana Intellectual Property Law

JULY 12, 2021

While Watch has sent cease and desist letters to each of the co-defendants, they have allegedly not ceased their unlawful activities. and the Defend Trade Secrets Act of 2016, 18 U.S.C. Watch is suing for false designation of origin and unfair competition under the Lanham Act, 15 U.S.C. Code § 24-2-3-1 et seq.

Cease and Desist 52

Cease and Desist Confidentiality Business Designs 52

43(B)log

JANUARY 3, 2024

2016) (affirming summary judgment on Lanham Act claim when “[d]iscovery revealed only one customer who arguably relied upon [defendant’s] advertising in deciding between” the defendant and plaintiff)). But the court noted that loanDepot could reprise its arguments at summary judgment (citing Reed Const. McGraw-Hill Companies, Inc.,

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

JIPEL Copyright Blog

APRIL 26, 2021

TGE claimed Bernstein copied their signature pattern of nude female silhouette line drawings, which had been printed on their tissue paper since the store’s inception in 2016. They first called out Bernstein on their Instagram stories and privately sent her and We Wore What a cease and desist letter in August 2020.

Social Media 52

Social Media Copying Branding Brands 52

LexBlog IP

MARCH 24, 2023

The NCAA takes a proactive approach to protecting its intellectual property, often sending cease-and-desist letters to those it believes are infringing on its rights. For example, in 2016, the NCAA filed a lawsuit against a company that was using the phrase “April Madness” to promote its own events.

Branding 40

Branding Brands Branding Cease and Desist 40

JIPL Online

NOVEMBER 1, 2021

32] RuneLite HD only shut down in the first place due to a cease and desist letter from the publisher. 6] Alex Seedhouse, Pokémon Prism Cancelled After Nintendo Deliver Cease And Desist Letter, Nintendo Insider, (Dec 22, 2016), [link]. [7] Closer analysis is needed to determine if this is actually feasible.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

SpicyIP

JULY 13, 2023

Data from IP India Annual Report 2021-22 Data from IP India Annual Report 2016-2017 This number is more than twice the number of patents in force in 2017 (48,765), where the number of Indian patentees was 7,660 (6.36%) (as on 31 st March 2017). However, this is applicable to cases that reach the court.

Reporting 95

Reporting Patent Cease and Desist IP 95

IP and Legal Filings

MARCH 28, 2023

In Matrimony.com Ltd v Google LLC 2012 CCI considers ownership and access to data as a crucial driver in technological markets but Vinod Kumar Gupta v WhatsApp Inc 2016 and Track Call Cab Pvt Ltd v ANI Technologies 2015 reveal the idea is often dispelled if there is multi-homing among users.

Marketing 52

Marketing Marketing Cease and Desist Technology 52

Corsearch

FEBRUARY 22, 2024

Even with innocent intentions, these trademark violations can attract legal eagles faster than you can say, “cease and desist.” 2016) In this showdown of footwear giants, Adidas took Skechers to court over a shoe design that seemed uncannily familiar. Adidas AG vs. Skechers USA, Inc.

Branding 59

Branding Brands Branding Trademark 59

Selvam & Selvam Blog

JUNE 27, 2024

Defendants’ Response: The Defendants stated that they are not intending to use the marks ‘SAUNDARYA POTLI’ and ‘BABY ESSENTIALS’ and have undertaken so, in their reply to the cease-and-desist notice issued by the Plaintiff prior to filing the suit. This ensures that such terms are not monopolized by any single entity.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

The TTABlog

JUNE 17, 2021

In November 2016, Respondent sent a cease-and-desist letter to Petitioner, demanding transfer of the domain name to Respondent. Corcamore , 2020 USPQ2d 11277, at *7 (quoting Lexmark , 109 USPQ2d at 2068 (citation and quotation marks omitted)). Petitioner refused, but offered to sell the domain name for $1.2

Cease and Desist 40

Cease and Desist Registration Trademark Ownership 40

LexBlog IP

JUNE 5, 2023

In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

IIPRD

JANUARY 23, 2023

8] Cease and desist letters are also measures to tackle such infringement wherein the seller is demanded to stop the sale of the product and never sell it again. LEXIS 111933 & 2016 U.S. This assist if a situation of litigation arises. [9] 3] Mandour & Associates, supra note 1. [4] 4] Adaptix, Inc. Amazon, 2015 U.S.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

The IPKat

JANUARY 6, 2022

Few opponents prefer to jump straight into court action, with oppositions typically the preference when a cease and desist letter fails to get the right reaction. Is this a new cause of action for us trade mark lawyers to start waving around? Thanks to my colleague Lauren Stone for helping me collate this volume.

Registration 96

Registration Cease and Desist Branding Branding 96

Plagiarism Today

OCTOBER 13, 2022

However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph. The lawsuit indicates that this is not the first run in between the two parties, as EKB claims to have sent a cease and desist letter to the company in 2020.

Cease and Desist 246

Cease and Desist Copyright Infringement Licensing Fair Use 246

IPilogue

OCTOBER 26, 2022

In April 2022 , Uffizi sent a cease-and-desist in response to Jean Paul Gaultier’s current use of the Birth of Venus , but the fashion brand never replied and continued its unauthorized use. . The Italian Code , which came into effect in 2004 and was updated in 2016, operates independently from copyright law.

Social Media 119

Social Media Cease and Desist Public Domain Artwork 119

Technology & Marketing Law Blog

MAY 13, 2024

Facebook objected and sent a cease-and-desist letter. That gave rise to a CFAA claim in 2016, and I can’t square that opinion with this one. The service that Power Ventures sold was a platform to manage multiple social media platforms together.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

TorrentFreak

APRIL 27, 2022

The promise to reveal who killed the character ‘Negan’ after a show cliffhanger pushed AMC’s patience to the limit and through lawfirm Kilpatrick Townsend & Stockton LLP, the company took action.

Cease and Desist 96

Cease and Desist Copyright Infringement Fair Use Copyright 96

Shades of Gray

MAY 20, 2016

where he asserted copyright ownership in the image, including by sending a cease and desist letter to Wikimedia for including the image in its database of public domain images. An appeal has been filed with the Ninth Circuit, and Naruto’s opening brief is scheduled to be filed on June 28, 2016. Slater returned to the U.K.,

Business 40

Business Cease and Desist Public Domain Copyright 40

Intepat

MAY 28, 2024

Instances of Trademark Oppositions and Infringement The Apple Corps Ltd v Apple Inc 2016 lawsuit underscores the importance of intellectual property protection and its legal and financial ramifications. A 1991 coexistence agreement allowed Apple Computer to use “Apple” for tech products and Apple Corps for music-related works.

Trademark 52

Trademark Intellectual Property Branding Branding 52

Garrigues Blog

JULY 11, 2022

His heirs considered that the use of the image was clearly for advertising purposes and contacted the sponsor to ask it to cease such use. Since it did not do so, the heirs filed a claim due to appropriation of the singer’s personality rights The claim was dismissed at first instance but was finally upheld by the Provincial Appellate Court.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

TorrentFreak

DECEMBER 19, 2024

The Infographics Show (2024) I believe I made about 25 videos between 2011 and 2016 and had a few thousand subscribers. TF: 20 years ago you were worrying about cease and desist letters from copyright holders. The Infographics Show now sits at around 14.7 Today, you’re an established ‘creator’ yourself.

Cease and Desist 117

Cease and Desist Art Copyright Business 117

Technology & Marketing Law Blog

MARCH 4, 2022

The trademark registration can be invoked in cease-and-desist letters, takedown requests submitted to online marketplaces, and court litigation, and lead to self-censorship, private censorship, and government censorship of this expression.

Registration 126

Registration Blogging Trademark Privacy 126

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Elster claims these words invoke an exchange between former President Trump and Senator Marco Rubio from the 2016 presidential primary debate where Rubio made a crude joke about the implications of Trump having small hands after Trump called him “little Marco”.

Registration 106

Registration Trademark Blogging Law 106