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The court also found willful infringement based on Chicken Joes profanity-laden response to the plaintiffs cease-and-desist letter: The most disappointing part of the email? Admittedly, it’s not a textbook cease-and-desist response. That Chicken Joes is owned by a guy named John.
The year 2023 was marked by two landmark Commission determinations resulting in exclusion orders and cease and desist orders against a popular consumer wearable—the Apple Watch.
In late 2023, Markos allegedly discovered that Tuskegee had used these two images in two different parts of their website, removing the watermark in the bottom corner with his copyright infromation in both instances.
” The ‘cease-and-desist’ notices instruct those running the services to immediately stop their illegal streaming activity otherwise risk facing criminal prosecution. These individuals either received an in-person visit or were sent a cease-and-desist letter.
The ITC affirmed the ALJ’s determination that the claims were enabled and that “a front opening” included numerous openings, and as such that FS.COM violated § 337 and issued a general exclusion order prohibiting the importation of infringing high-density fiber optic equipment into the United States and a cease-and-desist order directed to FS.COM.
According to the Plaintiff, on March 10, 2023, Cardinal notified DCG that it would be terminating the Design-Build Contract. At the time the Plaintiff claims Cardinal still owed them $1,011.462.21, which, according to the terms of the Design-Build Contract, meant the copyright license granted to Cardinal should have ceased.
Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks. Tinderet is an area in Kenya.
Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Lokesh discusses the case in this short tidbit post.
A named defendant and others yet to be fully identified now face a full-blown lawsuit after allegedly failing to comply with the terms of a cease-and-desist notice. These matters in the U.S. sit in stark contrast to events currently unfolding in Canada’s Federal Court. and 30 days for $19.99.
As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .
In an effort to curtail the abuse, earlier this year the site sent a cease and desist letter to Google, asking the search engine to begin verifying senders of DMCA notices. CreativeCode’s attorney previously sent cease-and-desist letters to multiple email addresses suspected of being behind these fraudulent takedowns.
After filing 13 lawsuits in 2023 claiming trademark infringement, deceptive trade practices, and false advertising related to the pharmaceuticals Ozempic and Wegovy, Novo Nordisk—a 100-year-old pharmaceutical company with its origins in Denmark—is once again making headlines.
Revolt Zycling , UPC_CFI_177/2023. myStomer tried to include Austria in the injunction too by way of a rectification of the order but this request was dismissed on 30 June 2023. Eurobike 2023" is an important leading trade fair that has considerable relevance for the entire industry. EUR for each contravention.
Referring to Nitro TV defendants Alejandro (Alex), Anna, Martha, and Osvaldo Galindo as “Judgment Debtors”, the plaintiffs reminded the court of ignored pre-lawsuit cease-and-desist correspondence, failure to shut down Nitro TV after the lawsuit was filed, and destruction of evidence while it was underway.
2023-1184, Doc. Among other things, the CAFC also distinguished its prior cases concerning cease-and-desist letters. In relevant part, the CAFC focused on the fact that there is no “automatic effect” if the recipient of a cease-and-desist letter takes no action. 44 at 2 (Fed. May 2, 2024) (citation omitted).
Objectively Baseless : The Federal Circuit has given patentees a fairly-wide berth with regard to public accusations of infringement and customer cease-and-desist letters. And, in addition, Light-Netics sent a notice to various light stores warning them that HBL lights were infringing. Lite-Netics LLC v. 4th — (Fed.
Deadline- October 15, 2023. A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules The Draft Patent (Amendment) Rules, 2023 were recently published in the Gazette of India, with public comments invited by September 22. Image from here Smells like Luxury, Does it Cost a Trademark Battle? Dabur India Ltd.
Over to the team to report on Edwards Lifesciences v Meril GmbH and Meril Life Sciences ( UPC_CFI_249/2023 : "The Edwards Lifesciences v Meril preliminary injunction (PI) proceedings at the UPC on EP 3 763 331 protecting a “Prosthetic valve crimping device” (see here ) started with a bang (or should this UPCKat say, crimp?) c) and 275.2
In both cases DISH instructed Massive Wireless to cease-and-desist and both times DISH was ignored. In March 2023, a DISH investigator visited the same Massive Wireless store and when offered a 12-month subscription for $240, purchased one, and was given a receipt.
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 2023) (slip op., 2023) (slip op.,
“These hacking attacks materially affected OCLC’s production systems and servers, requiring around-the-clock efforts from November 2022 to March 2023 to attempt to limit service outages and maintain the production systems’ performance for customers. “To respond to these ongoing attacks, OCLC spent over 1.4
According to the Court, Sumi Agro should have offered a cease-and-desist declaration in such circumstances. Sumi Agro obtained several market authorisations for Kagura in 2023 and 2024. In late 2023, Syngenta discovered that Kagura was being marketed in the Czech Republic and Poland, outside the CMS.
2023-1184 (Fed. The court distinguished prior cases finding cease-and-desist letters insufficient for purposeful direction, explaining that “The APEX Agreement goes beyond a cease and desist letter because, absent action by SnapPower in response to the APEX Agreement, SnapPower’s listings would have been removed from Amazon.com.”
2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. by Dennis Crouch TBL Licensing v. Vidal (4th Cir. One of the USPTO’s key arguments in the case focuses on timing.
Looking ahead to 2023, Van Voorn says that ACE will continue where it left off by adding more members in the new year. .” A good example of an enforcement effort with a broad impact was the shutdown of HDFoxCDN , a Brazil-based pirate video CDN that offered access to a broad library of pirated content. Piercing the Anonymity Veil.
On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s Goldsmith , 598 U.S. _ (2023). [2] s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. 2] Slip op. 3] Slip op.
On July 18, 2023, the plaintiff 2 observed unauthorised use of the Infosys trademark and informed the defendant about it. Defendant arguments The defendant argued that Infosys had previously issued a cease and desist notice on 27/04/2024 but failed to complete it. Despite this, the defendant failed to respond.
Case: Biomoneta Research Vs Controller General of Patents Designs on 13 March 2023 (Delhi High Court) The matter pertained to an appeal against the order of the controller rejecting a patent application for ‘Air Decontamination Assembly’. on 6 March, 2023 (Delhi High Court) In this case, the plaintiff, Bennett Coleman & Co.
When such a situation arises, do what you can to protect your brand; whether that means taking the matter before a judge or sending out cease and desist letters. Prevention: Monitor the market to identify infringements. Any new filing needs proper, thorough research to avoid later-on conflicts with already existing trademarks.
As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets.
Dear Rich: Does putting "Copyright 2023" at the bottom of page pages protect it from site visitors who download an image or narrative content? If you can afford it, have an attorney write a cease and desist letter. Placing a copyright notice on your website is like sticking a "Keep off the grass" sign on your front lawn.
Later that year, the plaintiff had terminated the distributor agreement, informed the defendant of its extant rights, and also issued a cease-and-desist notice. A technical expert had also confirmed the alleged infringement in December 2023.
The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie.
CrossCountry Mortgage, LLC, 2023 WL 9022893, No. 29, 2023) loanDepot alleged that CCM, its chief competitor, “improperly poached” 32 employees, and CCM and various former employees. LoanDepot.com, LLC v. 22-cv-5971 (AS) (S.D.N.Y.
Deadline for the Applications: 11:59pm IST, 23rd June, 2023. Case: Brompton Lifestyle Brands Pvt Ltd vs Yves Saint Laurent And Anr on 9 May, 2023 (Delhi High Court) Image from here Earlier, in the proceedings before the Ld. on 1 May, 2023 (Delhi High Court Order No. Case: Holyland Marketing Pvt. vs Vijay Pal Vineet Kumar And Co.
2023 WL 6210901. 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. Take, for example, the recent Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc. opinion out of the District Court of Delaware.
2023-1184 (Fed. Song , 2023 WL 4843994, at *21 (N.D. 2023) (“Bancroft is no longer good law.”). SnapRays, LLC v. Lighting Defense Group, LLC , No. Bancroft, for instance, is no longer considered good law by at least one district court in the 9th Circuit. Bluestar Genomics v. ”). In Walden v. Werks, LLC v.
FS.COM appealed the ITC’s determination that the claims were enabled and the claim construction of “a front opening.” ” Issue(s) Whether a claim with an express lower limit and an inherent upper limit, as agreed upon by persons of ordinary skill in the art, is enabled.
18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. 1258 (2023) weighed in favor of Netflix. In Cramer v.
As part of the order, JPM agreed to pay an $18 million file and to cease and desist from any further violations of Rule 21f-17(a). In recent consent orders, the SEC normally included a notification requirement and obligation to revise non-compliant agreements.
After sending a cease-and-desist letter in October 2020, the Claimant commenced proceedings in December 2020 under Article 479 of the Code of Civil Procedure, a Polish law that implements Article 8 of the Enforcement Directive. The Claimant argued that Castorama Polska and Knor (the Defendant) infringed her copyright.
As part of the order, JPM agreed to pay an $18 million file and to cease and desist from any further violations of Rule 21f-17(a). In recent consent orders, the SEC normally included a notification requirement and obligation to revise non-compliant agreements.
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