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We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. His predominant areas of practise are Arbitration, Commercial and IntellectualProperty Laws.
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.
Her passion lies in understanding the intersections of AI regulation and intellectualproperty rights. It was submitted that despite the PPL’s multiple cease and desist notices, SAI neither responded to its notices nor addressed the alleged infringement. Image from here. [ Her previous post can be accessed here. ]
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.” This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program.
Cease-and-desist letters, often referred to as demand letters, are a valuable tool in defending your intellectualproperty rights, including copyrights and trademarks. This correspondence will outline the ownership of the work, highlight the infringing activity. By: Hendershot Cowart P.C.
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.
by the musician and, according to a copyright notice and a published cease and desist letter, it was used without permission. Next up today, Jordan Pearson at Motherboard reports that the government of Belarus has temporarily legalized the piracy of intellectualproperty from “unfriendly” nations.
Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectualproperty rights – whether patent, trademark or copyright – are communications primarily to achieve enforcement without a need to seek court intervention.
So, you’ve identified a party infringing on your brand’s intellectualproperty rights, and in response, you issue a cease-and-desist letter to the infringer. Today, more and more recipients of cease-and-desist communications are publicizing the letters, which can have consequences for the sender.
The path to stopping infringement of your IntellectualProperty (IP) rights begins with two key questions: "Should I send a cease and desist letter?" and "Is a cease and desist letter enforceable?".
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.
Police & Sky Conduct Raids A statement by the Police IntellectualProperty Crime Unit (PIPCU) says that in partnership with Police Scotland and subscription broadcaster Sky, officers have executed a series of raids around the UK as part of an illegal streaming crackdown. People can try and report them, but that rarely works out.
In a world propelled by innovation and technology, the evolving nature of intellectualproperty (IP) law and the interconnectedness of global markets often lead to disputes and legal quandaries.
The intellectualproperty (IP) of your business has value. IP can take several forms, including patent and trademark registrations, or intellectualproperty rights arising from common law, such as trade secrets, confidential information, or unregistered trademarks. By: Smart & Biggar
Targeting homes in Alcester, Solihull, and Birmingham, investigators and police officers served so-called ‘cease-and-desist’ notices requiring suspects to cease any illegal activity with immediate effect, or face more serious consequences. Cease-and-Desist Notices Are More Common in Fraud Cases.
In this episode, Ben , Russell and I discuss what to do when you receive a cease and desist letter , including how to prepare for it and how to respond to it. Fairly Competing, Episode 15: Cease and Desist Letters. So, come join us on Spotify or Apple Podcasts.
Why send a cease-and-desist letter? On its surface, a cease-and-desist letter seems like a less expensive way to enforce intellectualproperty rights. Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter? Are competitors copying your products?
Trademark law grants legal protection of your business name, logo, or slogan against other individuals using the same with regard to protection over intellectualproperty. If you do find any infringement, have the means at your disposal to deal with it-be it through negotiation, cease-and-desist letters, or the courts.
Over several years, the defendant had sent cease and desist letters to the claimant’s customers, alleging that claimant infringed defendant’s copyright in this instructional manual. The remaining 50% is evenly distributed over the rest of the roof, but not on the top two rows.
Earlier today, two Austrian brothers, Julian and Paul Zehetmayer, announced that they have purchased the intellectualproperty behind the name LimeWire and will be relaunching the service, though not in as a peer-to-peer file sharing service. The company ceased operations after the RIAA sent them a cease and desist letter.
A cease and desist letter is typically the most cost-effective option, but in some cases a particularly egregious or blatant instance of trademark infringement can call for initiating a lawsuit. In any scenario, the optimal first move is to try a cease and desist letter. The infringer ceasing use of your trademark?
Even small businesses that have used “Super Bowl” to advertise watch-parties, have received cease and desist letters from NFL lawyers. Pava Partner | Trademarks Director Luciana Moreno Trademarks Leader La entrada Infographic | Trademarks 101: super bowl exclusivity se publicó primero en OlarteMoure | IntellectualProperty.
inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion. Recovering money from users of technology requires movement on the part of inventors of technology. All of these movements require the inventor to possess a patent.
Despite receiving cease-and-desist letters, the defendants reportedly continued to sell non-genuine products. Delta contends that the defendants’ sales of defective or subpar goods resulted in negative reviews, consumer confusion, and damage to Deltas reputation.
IntellectualProperty Trouble from Costumes. Lawsuits around these particular issues are rare and the disputes that do arise typically are handled through cease and desist letters or takedown notices. In short, Juice Demon is Juice Demon because he can’t be Beetlejuice, not without a license.
Despite multiple cease-and-desist requests, the Defendants reportedly ignored RestoPros attempts to settle the matter outside of court. RestoPros is seeking damages for breach of contract, trademark infringement, unfair competition, and misappropriation of trade secrets.
Forget SPECTRE and BlofeldBonds latest battle is against intellectualproperty bureaucracy, where adversaries wield cease-and-desist letters instead of golden guns. Will the Canadian IntellectualProperty Office receive a polite but firm dossier from MI6, urging that Bond be allowed to keep his signature scent?
BREIN certainly doesn’t shy away from taking matters to court but whenever it can, settlements and an agreement to cease and desist can be enough to ward off more serious action. While BREIN has been hinting at criminal prosecutions for a while, the anti-piracy group tends to focus on civil actions.
International Trade Commission (ITC) issued a limited exclusion order (LEO) and cease and desist order against Apple, potentially barring the technology company from importing Apple Watches into the United States. On Thursday, October 26, the U.S.
This book review of “ Transboundary Heritage and IntellectualProperty Law: Safeguarding Intangible Cultural Heritage ”, by Patricia Covarrubia (Editor), is kindly provided by Katfriend Felicia Caponigri (Founder of Fashion by Felicia and Visiting Scholar at Chicago-Kent College of Law). 116, 120).
Prior to filing the complaint, Chipotle sent Sweetgreen a cease-and-desist letter asking the salad chain to drop the word “chipotle” from the name, which is the usual practice in trademark related lawsuits.
One of the fundamental things to note when it comes to intellectualproperty rights is that the IP holder bears the burden of enforcing their rights. However, you can stop infringement through the following: Use a Cease and Desist Letter. A lawyer can help you draft and send a cease and desist letter.
Formerly published as Sykes: IntellectualProperty 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 company filed a cease-and-desist letter in 2017 when Viacom first aired Floribama Shore in 2017. MGFB, the company that filed the appeal, owns the “FLORA-BAMA” trademark and owns and operates the Flora-Bama Lounge on the border of Florida and Alabama.
Affordable ways to enforce intellectualproperty. Thankfully, you can enforce intellectualproperty without spending your life savings. In fact, these options for intellectualproperty enforcement are quite affordable if you know how to take advantage of them. Does cheap IP enforcement exist?
Chegg sent a cease-and-desist letter to Homeworkify’s domain registrar, Namecheap, its proxy server, Cloudflare, and the email address associated with domain registration, but they have found nothing. (for Power Ventures, hiQ Labs, the ill-fated Southwest cases, and all the fancy new generative AI cases broadly fit into this category.
5 Proven Steps to Protect Your IntellectualProperty in 2025 In a world where ideas are currency, protecting intellectualproperty (IP) has ne ver been more critical. While intellectualproperty law can be complex, following a structured approach can help secure your ideas and prevent misuse.
Introduction Trademarks are an important division of IntellectualProperty Rights (IPR) as it considerably contributes in identification and promotion of a product. However every cease and desist notice served does not constitute trademark bullying and this depends on the fact and circumstance of each case.
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.
This Week in Other Barks and Bites: two voice actors file a class action lawsuit against an AI company accusing the firm of stealing their voice; the NMPA sends a cease-and-desist letter to Spotify asking the streaming company to pull unlicensed content from their platform; and the Senate AI Working Group releases a roadmap for Senate AI policy with (..)
A named defendant and others yet to be fully identified now face a full-blown lawsuit after allegedly failing to comply with the terms of a cease-and-desist notice. Taiga] also indicated that he had instructed his team and relevant partners not to use HoYoverse intellectualproperty.” These matters in the U.S.
What are IntellectualProperty Rights (IPRs)? IntellectualProperty Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. WHY ARE INTELLECTUALPROPERTY RIGHTS IMPORTANT FOR STARTUPS? Why are IntellectualProperty Rights Important for Startups?
Why This Article Matters to You If your company has recently received a cease-and-desist letter or any form of legal threat related to using Meta Pixel or similar technology, this article should help you start to understand next steps. Their expertise can be the difference between a costly legal battle and a favorable resolution.
In this sector, intellectualproperty (IP) regulations are essential for defending the rights of inventors, artists, and producers. The media and entertainment business has experienced exponential growth, making it imperative to comprehend the significance that intellectualproperty rights play in this domain.
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