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Controversy ensued when a Mexican food restaurant in the UK, Taquería, issued a cease and desist letter to a similar restaurant, Sonora Taquería, for infringement of their registered mark “Taqueria.” ” Yet taquería is Spanish for a place where tacos are sold.
On January 9th, American Airlines sent TPG a cease-and-desist letter. Power Ventures involved a socialmedia aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. The service that Power Ventures sold was a platform to manage multiple socialmedia platforms together.
Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing socialmedia posting and work. When you hire someone to write or post or do socialmedia for you, or create most types of content, it is generally a work for hire type of agreement.
— Bright Data has long sold the data of all the major socialmedia companies. Power Ventures involved a socialmedia aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. The service that Power Ventures sold was a platform to manage multiple socialmedia platforms together.
To safeguard your trademarks adequately, you should track new trademark filings, online use, socialmedia usage of marks, and domain names, which shall alert you to potential conflicts. The same includes e-commerce marketplaces, standalone business websites, and socialmedia channels. Bottom Line. For more visit: [link].
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 socialmedia market “between 2013 and 2016.” Guest Blog Post) appeared first on Technology & Marketing Law Blog. Bright Data didn’t stop.
Judging from the Rusty Krab’s marketing efforts and socialmedia promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. Rusty Krab Restaurant (Guest Blog Post) appeared first on Technology & Marketing Law Blog.
As usual in these types of cases, Ryanair sent cease-and-desist letters to Booking telling it to stop. Power Ventures was a platform that attempted to enable users to manage all their socialmedia accounts from one platform. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog.
For example, the most aggressive companies in pursuing web-scraping litigation are the socialmedia companies. And while their terms of use provide the socialmedia companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content.
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! Missed opportunities to reclaim socialmedia usernames registered by others. More challenges to license or franchise the brand. Reduced brand credibility. Missed opportunities to stop cybersquatters.
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? Ltd vs Poi SocialMedia Pvt. Humans Of Bombay Stories Pvt.
For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and socialmedia. Don’t overlook company socialmedia accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.
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. 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.
In this blog, we will see brands and trademarks on the internet and how to protect them from infringement. Further, using legal assistance and adopting traditional enforcement strategies like a cease and desist notice may also help enforce trademark rights. Thus, it becomes important to safeguard your business.
Online marketplaces, search engine results, and socialmedia should be monitored regularly, and infringements acted on quickly. Takedown notices, cease and desist notices, etc., The post Dealing with Counterfeits on E-Commerce Websites appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm.
scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. Melee , know this better than anyone.
As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). Some other 512(f) cases I’ve not previously blogged: * Paul Rudolph Foundation v. Diebold from 2004, which led to a $125k damages award.
This blog will argue that copyright law should not be leveraged to destroy donation-based mods the way it has done so to paywalled mods. First, this blog will explain the reason that mods have turned to crowdfunding by discussing the history of mod monetization. 6] Mod creators are not always deterred by these setbacks. [7]
Consequently, the Supreme Court has confirmed the previous judgment by the Madrid Appellate Court, which was appealed by the sponsor of the festival, ordering it to pay compensation of 20,000 euros, and to partially publish the judgment in a media outlet in print and on two socialmedia outlets. The Supreme Court’s opinion.
And, as we previously blogged , the SEC historically had limited enforcement activity for Rule 21F-17(a), with roughly 14 enforcement actions between 2015 and 2021. 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).
For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and socialmedia. Don’t overlook company socialmedia accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.
And, as we previously blogged , the SEC historically had limited enforcement activity for Rule 21F-17(a), with roughly 14 enforcement actions between 2015 and 2021. 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).
Cease & Desist Notice – If you are dealing with a repeat squatter, sending a cease & desist notice might probably do the trick. You can read more about the ways to do the same at our blog available here. This is the most cost effective and time conscious way to prevent squatters.
As a way to supplement her income, she put on a contest whereby her socialmedia followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.
Once a brand becomes popular, it is no longer necessary to use the actual brand name in posters and other forms of marketing; this may be accomplished by simply writing the product’s information with the trademark sign and flashing it on socialmedia and other sites to increase its popularity.
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”. Still, it is the best approach.
While both cover song and remix attract copyright implications, we focus on the laws pertaining to remix in this blog. However, it usually leads to cease & desist notices, take down notices on socialmedia platforms and may even escalate to lawsuit if the owners initiate one against you.
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]
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. . Jean Paul Gaultier originally used Birth of Venus in its S/S 1995 Collection on a sheer mesh top.
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.
Robles , provides a textbook example of how NOT to respond to a cease-and-desist letter from your former employer’s lawyer (the emojis below were attached as an exhibit to the complaint): Having prevailed before the U.S. Isaiah Weedn has a good summary of the case in Sheppard Mullin’s Trade Secrets Law Blog.
Legal Actions: – Cease and Desist Letters: This is often the first step to resolve issues before resorting to the courts. The rights holder may then issue cease-and-desist letters to infringers demanding that they stop using the protected mark.
VIP Products (Guest Blog Post) appeared first on Technology & Marketing Law Blog. One final thing I found interesting about the Jack Daniel’s opinion is that the Court’s discussion was similar in organization to the Court’s constitutional scrutiny analysis from its First Amendment jurisprudence.
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