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Unsurprisingly, Sony sent DBrand a cease-and-desist letter , which the Canadian company published online and used to generate marketing for a newer, allegedly “not illegal,” albeit similar, product. The cease-and-desist letter can be found here. Photo by DBrand. Personally, I love the slimming effect of the design.
Introduction Registration of a trademark is an important step toward building a brand on solid ground. Today, in a competitive marketplace, the difference between a successful strategy for the long-run has to do with brand identity. That should represent your brand and not explain it.
TPG is a service built around the brand of a world-traveling man sipping champagne in first class, selling to the world his knowledge of the best rewards programs for credit cards and flights. On January 9th, American Airlines sent TPG a cease-and-desist letter. Of course, Facebook objected and sent a cease-and-desist letter.
The defendant argued that this twenty-word installation instruction infringed its copyright in a similar installation instruction, supplied with the defendant’s similar system: “ 50% of the estimated number of [brand] hooks are mounted on each roof tile, from below and upwards along the roof.
We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Creator Mason Rothschild revealed in an open letter to Hermès, which he posted on his Instagram account on December 22, that he received a cease-and-desist letter from the French luxury goods brand.
Why send a cease-and-desist letter? On its surface, a cease-and-desist letter seems like a less expensive way to enforce intellectual property rights. Are Amazon sellers using a similar brand or product name? Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter?
The following is an excerpt from my book, Building a Bold Brand. Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! Small businesses are just as capable of creating and building great brands as big businesses are. Celebrity endorsements.
This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains. The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit.
By mimicking the packaging of beloved candy brands like Skittles, Nerds, and Sour Patch Kids, they’re not just breaking the law—they’re playing a dangerous game of “Guess Who Ate the Weed Gummies?” By cracking down on counterfeit products, brand owners protect their reputations while making the holidays safer for everyone.
According to The Guardian , the James Bond franchise, managed by Danjaq LLC and EON Productions, is currently defending its rights to the 007 brand in a legal dispute with Austrian businessman Josef Kleindienst. Trademark law, of course, has its own brand of international intrigue. Its hard not to appreciate the irony.
Additionally, they help the customers distinguish between brands and understand the quality of the products they buy. Trademarks also carry all the image and reputation a brand builds over the years. It has already knocked out some widely recognized brands in the past, including Cellophane, Asprin, and Escalator.
It sent Kiwi cease and desist letters and has implemented security measures, but “Kiwi has continued to hack the Southwest website and sell Southwest flights without permission.”. In addition, Southwest sent Kiwi several cease and desist letters. Kiwi appeared first on Technology & Marketing Law Blog.
French fashion brand Jean Paul Gaultier’s garments featuring Botticelli’s Birth of Venus are heading off the rack and to legal battle. 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. .
Step 2: Enroll in Amazon Brand Registry Consider enrolling in Amazon Brand Registry if your trademark covers goods that can be sold on the e-commerce platform. Should you send a trademark cease-and-desist letter? Sending a trademark infringement cease-and-desist letter is a serious matter.
The growth of internet and internet related facilities have made brands shift a major part of their business online, some generating the entirety of their income through online sales. In this blog, we will see brands and trademarks on the internet and how to protect them from infringement. Protecting brands.
Last December , Cookie Department accused Hershey-owned company One Brands LLC of copying one of their trademarks in a California federal court lawsuit. One Brands sold a product labelled “Tough Cookies Only” which Cookie Department argued infringed on its “Tough Cookie” trademark.
Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Wondering what IP developments took place last week?
Introduction A trademark is a symbol that differentiates one’s brand from another. So, in this blog, we will look through the most common mistakes that a person makes while filing a trademark and how to avoid them. How to prevent: One should select a unique/distinctive mark that represents your brand.
It helps to identify any legal barriers to the company’s use or registration of its trademark (which can be the company business name, brand name, slogan, or logo) before the company begins to use the trademark or apply to have it registered. Elements of Trademark Clearance. The USPTO, WIPO, EUIPO, etc., For more visit: [link].
Consumers are shifting their preferences from physical to the online mode today, and to meet this demand, several brands have started working towards optimizing their online presence, protecting their brand equity, and driving profitable e-commerce sales growth. Dealing with the Challenge.
Danielle Bernstein is a 28-year-old New York City influencer and founder of the brand We Wore What (“WWW”). 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. How does an influencer and fashion designer become so despised?
I think you would agree with me that protecting a brand has become increasingly difficult in this digital era, where originality is becoming a thing of the past. So, how do you approach this issue when your brand is caught in the middle of it?
So, he was in disbelief when he received a cease and desist letter from lawyers acting for the high end China Tang at the Dorchester Hotel in Mayfair whose rights to use the name stemmed from a figurative trademark in class 43 (restaurant services, catering services, cafes, cafeterias, and self-service restaurants) registered in 2005.
For those who have been reading our blog for a while, you know that this is not the case (shameless plug for my post from last year on a similar topic). For example, if you are thinking about launching a special promotion for your products or services inspired by holiday-themed IP, it can still result in a cease-and-desist (or worse).
” This blog will explain causes as well as consequences of trademark abandonment, and will provide insights into how corporations can keep their trademarks effectively to prevent the loss of this valuable intellectual property. In the U.S., A presumption of abandonment: Generally in the U.S., Patent and Trademark Office (USPTO).
Mercredie, an influencer, regularly posts selfies taken in a lift on her blog and social network pages, showing her in her daily outfit, accompanied by her dog. As a result, Mercredie sent a cease-and-desist letter to the French brand on 16 September 2019.
Second, you can add your trademark registration to the Amazon brand registry. In certain circumstances, a cease-and-desist letter may accomplish your objectives. Patent owners may still consider the cease-and-desist letter option, but beware of the declaratory judgment risk discussed above.
While a trademark administrative procedure would end within a few days with a peremptory order to cease and desist the illicit use of the bottles and a fine for the infringer, an unfair competition/trade dress lawsuit could last for 12 months and would be more expensive. Tsingtao’s choice. The MSA Decision.
It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. Customers can simply differentiate between the brands they were looking for. Customers can identify the brand and its products by a glance.
Patent Law in the Entertainment Industry Patent law is concerned with protecting ideas and innovations, whereas copyright and trademark laws are primarily concerned with protecting creative works and brands. Trademarks are essential to the entertainment industry’s ability to establish and preserve brand identification.
Apple could argue transborder reputation, asserting that its brand’s recognition and reputation extend beyond national borders. Inherent Distinctiveness: The Apple logo and brand name are inherently distinctive due to their unique design and association with the company’s products, such as iPhones, iPads, MacBooks, etc.
Staying on the forefront could be very valuable as – besides protecting your marks, brands, names, and likenesses – there are opportunities to bridge the metaverse / in real life (IRL) gap. product flavors, distribution), fortifying brand loyalty. Send a Cease and Desist Letter. Protecting Your Digital Assets.
Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.”
Trademarks: Trademarks safeguard brand names, logos, symbols, or phrases that distinguish a startup’s products or services from competitors’ Registering a trademark ensures exclusive usage and prevents others from causing confusion among consumers. Firstly, trademarks ensure brand exclusivity.
It is not that you in particular and your trademark are being targeted, but awareness on how to proceed yields value to your brand. The strategy commences by sending a cease and desist letter to the other company detailing which rights you are enforcing and the consequences of not complying with the request to “ cease using the trademark”.
As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. As a result, SuperFarm cancelled the auction. [5]
From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.
On December 16th, 2021, Hermès sent a cease-and-desist letter to both OpenSea and Rothschild, notifying them of the “blatant violation of intellectual property.” Other big-name brands are testing the waters of the metaverse, such as Mercedes-Benz collaborating with artists to turn their G-Class into NFTs.
Spoiler alerts: If you have not yet started the “ Sex and the City ” update “ And Just Like That ,” you may want to bypass this blog. Don’t worry, my colleagues Randy Shaheen and Daniel Kaufman will be posting about Made in USA and the mail order rules later this week, so you will get your AdLaw blog fix.
Throughout the year, but particularly during college basketball’s championship season, the NCAA will send cease and desist letters to unaffiliated marketers using MARCH MADNESS or similar phrases. These actions highlight the NCAA’s commitment to protecting its intellectual property and maintaining the value of its brand.
Trademarks: Trademarks are the marks that help to identify the brand, goods, and services from those of others. In the case of sports, trademarks help to protect brand identities, such as team logos, player names, particular sports moves of a player, event titles, etc.
VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. My post summarizes the Court’s ruling and discusses its implications for brand owners, companies that sell parody products, and anyone interested in trademark law.
Other commentators have provided an excellent summary of the Federal Circuit’s opinion, see, e.g. , Rebecca Tushnet , Jennifer Rothman , and John Welch , so this blog post will focus on the implications of the decision rather than provide a detailed summary of it.
Elster could apply to register another phrase or name as a trademark for shirts, such as “Too Small” or “Steve Elster”, and continue to display “Trump Too Small” prominently on the front or back of the shirts he sells under his “Too Small” or “Steve Elster” brand.
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