Erik K Pelton

APRIL 25, 2022

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.

Branding 147

Branding Branding Brands Trademark 147

Indiana Intellectual Property Law

JANUARY 6, 2025

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.

Cease and Desist 52

Cease and Desist Branding Branding Brands 52

Plagiarism Today

FEBRUARY 7, 2022

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.

Cease and Desist 264

Cease and Desist Copyright Trademark Copyright Law 264

Erik K Pelton

DECEMBER 9, 2022

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.

Cease and Desist 147

Cease and Desist Trademark Registration Branding 147

IP and Legal Filings

NOVEMBER 12, 2024

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.

Trademark 97

Trademark Branding Branding Brands 97

Intellectual Property Law Blog

JUNE 9, 2021

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.

Branding 113

Branding Branding Brands Cease and Desist 113

TorrentFreak

JANUARY 8, 2022

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.

Branding 144

Branding Branding Brands Due Diligence 144

Copyright Lately

DECEMBER 29, 2024

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?

Copyright 116

Copyright Social Media Cease and Desist Fair Use 116

Patent Trademark Blog

MAY 31, 2023

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?

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

Plagiarism Today

MARCH 9, 2022

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.”

Cease and Desist 246

Cease and Desist Non-Fungible Tokens Music Plagiarism 246

The IPKat

OCTOBER 27, 2021

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.

Cease and Desist 139

Cease and Desist Litigation Copyright Marketing 139

TorrentFreak

DECEMBER 9, 2024

“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. .

Cease and Desist 102

Cease and Desist Reporting Social Media Trademark 102

IP Law 360

JANUARY 5, 2023

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.

Cease and Desist 75

Cease and Desist Branding Branding Brands 75

Indiana Intellectual Property Law

FEBRUARY 21, 2025

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.

Cease and Desist 52

Cease and Desist Trademark Registering Trademarks Confidentiality 52

Likelihood of Confusion

NOVEMBER 22, 2021

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™.

Cease and Desist 98

Cease and Desist Brands Branding Branding 98

TorrentFreak

OCTOBER 8, 2022

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.

Cease and Desist 114

Cease and Desist Branding Brands Branding 114

TorrentFreak

JUNE 9, 2023

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.”

Privacy 145

Privacy Cease and Desist Advertising Advertising 145

Olartemoure Blog

FEBRUARY 10, 2024

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”.

Cease and Desist 105

Cease and Desist Trademark Advertising Advertising 105

TorrentFreak

SEPTEMBER 9, 2021

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.

Cease and Desist 145

Cease and Desist Copying Reporting Law 145

IP Watchdog

JULY 24, 2024

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).

Cease and Desist 64

Cease and Desist Branding Branding Brands 64

Erik K Pelton

AUGUST 6, 2024

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.

Trademark 130

Trademark Cease and Desist Registering Trademarks Registration 130

Erik K Pelton

MARCH 9, 2021

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?

Cease and Desist 130

Cease and Desist Trademark Social Media Branding 130

Erik K Pelton

OCTOBER 6, 2020

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.

Business 130

Business Cease and Desist Trademark Registering Trademarks 130

Erik K Pelton

JANUARY 19, 2021

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.

Registration 130

Registration Cease and Desist Trademark Editing 130

Nelligan Law

DECEMBER 2, 2024

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.

Cease and Desist 52

Cease and Desist Branding Branding Brands 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

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.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Plagiarism Today

OCTOBER 26, 2021

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.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

IP and Legal Filings

OCTOBER 26, 2023

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.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

Nelligan Law

FEBRUARY 21, 2025

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.

Trademark 52

Trademark Cease and Desist Intellectual Property Branding 52

Erik K Pelton

NOVEMBER 29, 2021

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.

Trademark 147

Trademark Cease and Desist Branding Branding 147

Erik K Pelton

NOVEMBER 3, 2020

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.

Business 130

Business Trademark Cease and Desist Branding 130

The IPKat

OCTOBER 29, 2024

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.

Editing 69

Editing Design Designs Law 69

TorrentFreak

JULY 8, 2023

In some cases these shutdowns are easy, only requiring a cease and desist order to be delivered to the owner’s home address. YTS Lawsuits and Settlements As one of the most iconic piracy brands, YTS.mx In others, disputes can escalate into prolonged legal battles where judges or juries have the final say.

Settlement 145

Settlement Cease and Desist Copyright Infringement Copyright 145

Kashishipr

MAY 4, 2022

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.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

Technology & Marketing Law Blog

OCTOBER 11, 2021

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. The terms are presented next to the purchase button.

Cease and Desist 122

Cease and Desist Contracts Trademark Blogging 122

IPilogue

OCTOBER 26, 2022

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. .

Social Media 119

Social Media Cease and Desist Public Domain Artwork 119

The IPKat

NOVEMBER 23, 2024

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.

Cease and Desist 72

Cease and Desist Registration Branding Branding 72