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The following is an edited transcript of Chapter 17 of my book video Building a Bold Brand: Enforcement vs. Others An important tool to keep a brand strong and legally protected is to deal with infringement situations when they arise, whether you are the accuser or the alleged infringer. Then, talk to an informed attorney.
They drive down your prices, confuse customers, and can seriously damage a brand’s reputation. With the right legal protections and smart strategies, you can keep control of your brand, protect your pricing, and ensure customers get exactly what they paid for. Your return on investment from vigorous brand enforcement is real.
The following is an edited transcript of my video Even Trademark Lawyers Make Branding Mistakes. Believe it or not, even trademark lawyers can make branding–or maybe even trademark mistakes–from time to time. I didn’t want to go down that road because the brand name wasn’t resonating with me.
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.
New Pirate Streaming Crackdown Today, FACT announced yet another successful ‘crackdown’ where cease and desist letters were sent to thirty suppliers of illegal IPTV services across the UK. Our cease-and-desist measures are not just warnings — they are the first step toward holding offenders accountable.
Through the court, RTI wants Cloudflare to cease providing its services to Guardaserie and block all associated domain names. A random Guardaserie domain RTI informed the court that Cloudflare took no action in response to a cease and desist letter it sent earlier this year. .
Delta Faucet Company , a prominent manufacturer of kitchen and bathroom fixtures, alleges that Justin and Andrew Bundrick engaged in unauthorized sales of Delta-branded products via Amazon storefronts SummitMerch (previously BunjiSolutions) and A.B.Sales . Test purchases indicated improper packaging and the absence of Deltas warranty.
Pirates Expolit Payment Processor Branding. According to AAPA, among other things the inclusion of payment processor logos on payment portals gives them an air of legitimacy while damaging the processors’ brands. PayPal is committed to finding a workable solution to combat piracy’s impact on the industry and on their brand.
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.
In its Discord channel, the site mentions that it received cease and desist notices from City of London Police and the MPA. While this team is not likely to use the same brand in the future, others might still hijack it to lure former users. Switching to more new domains including braflix.ru No further details were mentioned.
The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. This is especially hazardous for counterfeit medical items, mechanical parts, and food products, to name a few.
A cease-and-desist (C&D) letter typically demands that the recipient stop (cease) doing something now and avoid (desist from) doing it in the future, or risk being sued. By: Smart & Biggar
Eventually, the RIAA itself got involved, sending a cease and desist letter to Hitpiece on February 4. The same day that the RIAA sent its cease and deist letter to Hitpiece, Nike filed a trademark infringement lawsuit against reseller StockX over Nike-themed NFTs.
Midfield – Both attacking and defensive for protection when needed: Issuing ‘cease and desist’ letters when infringements occur. Offense – goal scoring and attacking: litigating as needed to protect the brand. Defense – Common law rights acquired by use of the mark.
The holder of the trademark on Puff Labs Stix nicotine vapes is suing rivals in California federal court claiming they are infringing on its Puff brand marks and confusing consumers, adding that the competitors have sent it meritless cease-and-desist letters.
In their statement, Julian Zehetmayer said, “We’ve obviously got this great mainstream brand that everybody’s nostalgic about. The company ceased operations after the RIAA sent them a cease and desist letter. We thought we needed to build a real mainstream user experience as well.”
“I kid you not, @itchiohas been taken down by @OriginalFunko because they use some trash ‘AI Powered’ Brand Protection Software called @BrandShieldltd that created some bogus Phishing report to our registrar, @iwantmyname, who ignored our response and just disabled the domain,” the company complained. .
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. Who wore it better?
The Summer Olympics starts in just a few days, and with it comes a flurry of cease-and-desist letters from the U.S. When advertisers use the Olympics brand without authorization, the USOC views this as a loss of sponsorship dollars. Olympic Committee (USOC).
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.
The Baileys are also accused of improperly using RestoPros branding, phone numbers, and customer reviews for the new business, while failing to adhere to various terms of the franchise agreement, including payments and territorial restrictions.
The following is an edited transcript of my book video Building a Bold Brand Chapter 6: Why Apply to Register Trademark registration with the USPTO has tremendous value. Appearing in the USPTO’s online database.
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?
Then they received a cease-and-desist letter: another company had already registered the identical brand name for the identical services. So they not only had an unprotected trademark, they had skipped some critical steps in the brand protection process. Why did you have to change it? Are they going to be confused?
I’ve made a career here of tut-tutting the impolitic and brand-negating utterance of baseless cease and desist and other threatening letters based on IP infringement, including this recent post about. The post The unbearable dumbness of threatening appeared first on LIKELIHOOD OF CONFUSION™.
The following is an excerpt from my book, Building a Bold Brand. show both employees and customers the brand’s value and. show both employees and customers the brand’s value and. the brand is taken seriously and has USPTO legal protections. If someone infringes the trademark, a “cease and desist” letter.
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.
Still fresh after obtaining a judgment worth more than half a billion dollars against an IPTV seller in May, DISH quickly filed a new lawsuit against the alleged operators of PrimeStreams, one of the most recognizable brands in the market. The complaint alleges that through his KTV brand, Everly was one such reseller.
The National Football League (NFL) , organizers of the event, have created and grown the brand of the Super Bowl to what it is today. Even small businesses that have used “Super Bowl” to advertise watch-parties, have received cease and desist letters from NFL lawyers. In 1969, the NFL trademarked “Super Bowl”.
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.
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.
In fact, I’m certain that happens every single day to thousands of brands when people are coming up with names or clearing names and we never hear about them. It makes for a more compelling cease and desist letter. So, once it’s registered, the registration is literally working for the owner 24/7.
billion users overall and around 120 million users active daily, YouTube is an entertainment powerhouse and a globally-recognized brand. With an estimated 2.5 Premium products aside, YouTube is free to use. But with around a billion hours of content consumed every day, YouTube has to find ways to make that pay. You know what you have to do.”
The Summer Olympics got me thinking about what it would take for a decathlon of trademark protection: to be well-rounded and ensure that a brand, a trademark, has covered all the angles and excels at everything. Research and review international protections as needed as your brand grows. Choose a creative name.
Seeking to protect its investment and existing business, Funimation is using the services of brand protection company Corsearch , which began writing to the operators of anime piracy apps and services warning that they needed to shut down. AnimeGlare – Cease-and-Desist. Taiyaki – Shut Down or Face Law Enforcement.
Our technology and internet lawyers are constantly contacted by Amazon sellers trying to protect their brand names and products on the Amazon marketplace. One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. There’s both good news and bad news.
Lawsuits around these particular issues are rare and the disputes that do arise typically are handled through cease and desist letters or takedown notices. They are part fashion, part artwork, part branding and part character. Bottom Line. This isn’t to say there’s been no litigation in this area.
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.
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.
She settled on the brand name Katie Perry and started her own fashion label in 2007. Her first worldwide tour in 2009 included four shows performed in Brisbane, Sydney and Melbourne, and she sold "KATY PERRY" branded apparel and merchandise at these concerts.
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.
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. .
Infringement Chapter 5 ("Threats of Infringement Proceedings") is a good example of RPC's practical aspirations in writing this book, as the risk of unjustified threat proceedings being brought in respect of an overzealous cease and desist letter is one which is often overlooked by practitioners and brand owners alike.
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.
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