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Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives

SpicyIP

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 Intellectual Property Laws.

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Who Wins in the Battle of Vogue, the magazine, (David) versus Vogue, the pub (Goliath)?

IPilogue

In a cease and desist letter sent to the pub at the beginning of May 2022, Conde Nast threated to sue the pub over its name, stating that Condé Nast is the proprietor of the Vogue mark. Vogue, the village pub, has existed for approximately 200 years and Vogue, the magazine, has only existed for about 130 years.

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Enforcing Copyright Outside the Courtroom – The New Notice Regimes

Canadian Intellectual Property Blog

Enforcing Copyright The traditional pre-litigation enforcement tool is a demand letter. Traditional Pre-Litigation Demand Letters Obviously, the stronger the identity of a right is explained in a demand letter the more likely the letter will have an effect. The copyright holder always has the option to initiate legal proceedings.