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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. Personally, I love the slimming effect of the design.
This is a review of “ Designs Law and Practice (3rd Edition) ” by RPC. Formerly published as Sykes: Intellectual Property in Designs, this is a substantially revised and updated new edition which aims to provide a comprehensive but practical reference source for the various IP rights protecting designs, with a focus on the United Kingdom.
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.
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?
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?
First, design elements that are “physically or conceptually separate” from the article can be protected. Lawsuits around these particular issues are rare and the disputes that do arise typically are handled through cease and desist letters or takedown notices. However, there are two key exceptions to this. Bottom Line.
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 trade mark application was filed by an Australian fashion designer, who was born Katie Jane Perry but has also gone by the names Katie Howell and Katie Taylor (called "Ms Taylor" in the judgment). She settled on the brand name Katie Perry and started her own fashion label in 2007. Wikimedia : Creative Commons Attribution 2.0
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. .
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.
The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co. Cookie Department”) for copying Hershey’s famous Kisses shape.
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.
Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Swapnil Patil & Ors. on 15 September.
” The Court found substantial evidence to support these claims and acknowledging non-compliance with the plaintiff’s cease and desist notices by the defendant, the Court gave an ex-parte order for injunctive relief and ruled in favour of the defendant. MP High Court restrains reuse of embossed beer bottles by other brands.
How does an influencer and fashion designer become so despised? 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.
Trademark infringement is the nightmare that keeps big brands up at night. Imagine you’ve conjured up the hottest brand on the market – “Crispy Crunch Delights” , complete with a jazzy logo. ” They are selling what you sell, they are reaping the benefits of your brand, without doing any of the hard work. .”
The jury’s March 2024 verdict found inTech Trailers guilty of willfully infringing on Forest River’s trademarks, specifically those associated with its popular Della Terra brand and distinctive mountain design. Forest River promptly issued a cease and desist demand to inTech upon discovering the infringement.
The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The author presents a case pending before the Supreme Court Patent that addresses this question ( Olaf Sööt Design, LLC v. Daktronics, Inc.,
Five years ago , several of the world’s largest entertainment industry companies teamed up to create a brand new anti-piracy coalition. Our enforcement actions will be designed to obtain the most significant impact by grouping actions by tactic, time, region, or language.”
Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”).
The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. are examples of searchable databases that allow users to search for trademarked words, brands, and even images. Elements of Trademark Clearance. The USPTO, WIPO, EUIPO, etc.,
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. Counterfeit Products Online. Dealing with the Challenge.
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. 1125(c)(3)(A).
PUMA SE , based in Herzogenaurach, Germany, is a multi-national company that designs and manufactures athletic and casual footwear, apparel, and accessories. is a Delaware Corporation, with its principal place of business in Somerville, Massachusetts and is one of the top five sportswear brands in the world by revenue.
LVB is in the business of designing, manufacturing and selling window treatments, blinds and shades. Plaintiff also claims Defendants’ actions amount to unfair competition, false designation of origin, in violation of 15 U.S.C. Lafayette, Indiana – The Plaintiff, Lafayette Venetian Blind, Inc., (LVB)
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.
Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection. Facts ROSAE PARIS designs and sells ready-to-wear clothing, leather goods and accessories. A Kat taking a rest. The court then analysed the copyright infringement.
You make moves to expand your market, and suddenly you get a cease-and-desist letter from another business that has better rights to the trademark. Loss of Brand Equity: Rebranding means letting go of the brand equity that the previous brand had built over time.
Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. million dollars in promoting the Full Throttle® brand. Since 2015, Energy claims it has spent over $22.6
Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.
This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers.
In the last week of October, NSE proceeded to issue cease and desist notices to stock gaming apps to prevent them from using its data in their gaming apps that mirror the real-time trading of shares. Kartik and Aditya are 2nd year students at NLSIU, Bengaluru, and had earlier written for us here and here.
Second, you can add your trademark registration to the Amazon brand registry. In certain circumstances, a cease-and-desist letter may accomplish your objectives. If a design patent is being infringed, Amazon may remove the listing without further effort from the patent owner.
It was a popular location for consumers and influencers who actively sought counterfeit luxury and designer goods. Pandabuy impacted a large number of fashion brands. However, when Corsearch first identified it as a threat, most brands were not aware of the operation or too concerned by its activity.
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.
You do all of the things you are supposed to do (the meticulous planning, research and set-up of your business entity and financial obligations) and, of course, you file one or more trademarks to protect your valuable business brand. Your application is accepted by the USPTO and you believe everything is in order.
The case arose from Jack Daniel’s complaint about VIP’s sale of a dog toy designed to resemble a bottle of Jack Daniel’s whiskey. As shown below, there is no question that the VIP bottle is designed to resemble the Jack Daniels bottle, although several of the notable components are modified for comedic purposes.
IP encompasses a wide range of intangible assets, including inventions, trademarks, designs, and trade secrets. Trademarks: Protect brand names, logos, and slogans. Design Rights: Protect the visual design of products. For example, brand names and logos that work well in one region may need to be adapted for another.
This is often perceived as a means of brand building and a way to assert and secure their position and goodwill in the market to avoid losing customers or market share to the smaller entities. Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings.
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.
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.” 1-800 Contacts also claims that Warby Parker copied its website design to “ intentionally deceive and confuse ” consumers.
As more businesses begin to partake in commercial events such as Black Friday and Cyber Monday , the opportunities for bad actors to trick, scam and steal potential revenue and profits away from your brand, increase. Infringers follow social media pages, brand updates, events and global trends to see which products are in demand.
IP typically falls into the following categories: Patents : Cover inventions, processes, and designs that are new, useful, and non-obvious. Trademarks : Protect brand identifiers such as names, logos, slogans, and symbols that distinguish your products or services in the market.
Note any elements of the game that are particularly new and creative or representative of your brand. and abroad: This essential step strategically files word marks and design marks in the U.S. Design patent filing – U.S. This provides an outline for your IP legal team of the scope of what needs to be protected.
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