2017, Cease and Desist, Fair Use and Settlement

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2017

Cease and Desist

Fair Use

Settlement

Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

AUGUST 22, 2022

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. Though the text of the Act does not use the terms dilution, tarnishment, blurring or free-riding, the text of section 29(4), along with caselaw makes it abundantly clear that such acts are actionable in Indian courts.

Trademark

Trademark Fair Use Registering Trademarks Non-Fungible Tokens

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. Signal 23 Television v.

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Intellectual Property Pulse

Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

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