JD Supra Law

SEPTEMBER 29, 2022

A cease-and-desist letter is a warning to businesses or individuals to stop certain harmful actions. If you receive a cease-and-desist letter, also known as a demand letter, take it seriously and understand your options, but do not panic. The letter may even threaten legal action if the recipient does not comply.

Cease and Desist 52

Cease and Desist Litigation Business 52

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. Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter? In declaratory judgment litigation, the positions are reversed.

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

Traverse Legal Blog

JULY 14, 2022

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. Litigation is always unpredictable.

Cease and Desist 98

Cease and Desist Trademark Litigation Intellectual Property 98

JD Supra Law

SEPTEMBER 17, 2024

When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring the target to “immediately cease and desist” its use of the IP and threatening litigation for the target's failure to do so. Such letters are often ill-advised.

Cease and Desist 66

Cease and Desist Litigation IP Trademark 66

Traverse Legal Blog

SEPTEMBER 15, 2023

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.

Cease and Desist 52

Cease and Desist Privacy Litigation Technology 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

On January 9th, American Airlines sent TPG a cease-and-desist letter. Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. Of course, Facebook objected and sent a cease-and-desist letter.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

IP Watchdog

OCTOBER 29, 2023

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.

Cease and Desist 111

Cease and Desist Technology Patent Patent Infringement 111

IP Watchdog

APRIL 10, 2023

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.

Cease and Desist 126

Cease and Desist Trademark Registering Trademarks Settlement 126

IP Watchdog

DECEMBER 3, 2022

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.

Cease and Desist 116

Cease and Desist Trademark Television Intellectual Property 116

LexBlog IP

SEPTEMBER 15, 2023

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.

Cease and Desist 52

Cease and Desist Privacy Technology Litigation 52

JD Supra Law

JANUARY 10, 2024

When an entity or an individual believes their IP rights, be it a patent, a trademark, a trade secret, or a copyright, have been infringed upon, the typical first step is to send a demand or cease-and-desist letter to the alleged infringer. By: Brooks Kushman P.C.

Intellectual Property 69

Intellectual Property Cease and Desist Litigation IP 69

Technology & Marketing Law Blog

JULY 26, 2023

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 The horror! The first and most important wrinkle in this case is that Chegg can’t figure out who is responsible for Homeworkify.

Cease and Desist 98

Cease and Desist Blogging Contracts Privacy 98

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. This isn’t to say there’s been no litigation in this area. The same is true for creating new works based on that costume, such as using it in a film or TV commercial.

Copyright 252

Copyright Trademark Cease and Desist Copying 252

IP and Legal Filings

OCTOBER 26, 2023

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. Further the defendants were also restrained from issuing any other baseless threats. [3]

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

JD Supra Law

MARCH 27, 2024

Writing a sternly worded cease and desist letter is often a good first step that we recommend to clients, however it must be done in a way that properly sets the table for court intervention, while not broadcasting too much about litigation strategy.

Cease and Desist 72

Cease and Desist Litigation Law 72

Intellectual Property Law Blog

JUNE 9, 2021

There are several strategies for protecting your brand and your business ranging from quick and inexpensive actions such as cease and desist letters, to district court and International Trade Commission (ITC) litigation. In addition, they may be liable for defective counterfeit products even if they did not manufacture them.

Branding 113

Branding Branding Brands Cease and Desist 113

TorrentFreak

NOVEMBER 3, 2023

In an attempt to curtail the abuse, the site sent a cease and desist letter to Google in April, asking the search engine to begin verifying senders of DMCA notices. nu also asked for a litigation hold in anticipation of future legal action. In addition, YTMP3.nu

Cease and Desist 126

Cease and Desist Music Copying Fair Use 126

Patently-O

JANUARY 17, 2024

2024) ( Apple Stay Denial ) After initially granting a temporary reprieve, the Federal Circuit has now denied Apple’s stay pending appeal of the International Trade Commission’s limited exclusion order and cease-and-desist order (“the Remedial Orders”) against Apple Watch Series 9 and Ultra 2.

Marketing 116

Marketing Marketing Cease and Desist Confidentiality 116

IPilogue

JULY 5, 2022

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.

Cease and Desist 119

Cease and Desist Intellectual Property Law Intellectual Property Settlement 119

Indiana Intellectual Property Law

SEPTEMBER 22, 2023

At the time the Plaintiff claims Cardinal still owed them $1,011.462.21, which, according to the terms of the Design-Build Contract, meant the copyright license granted to Cardinal should have ceased. Continue reading

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

TorrentFreak

APRIL 27, 2022

Cease and Desist. While court cases are also part of the repertoire, a cease-and-desist letter is usually the first step taken. As ACE is expanding, the cease-and-desist approach has become a more international endeavor. Cease-and-desist letters can be effective but they are no silver bullet.

Cease and Desist 98

Cease and Desist Privacy Business Law 98

TorrentFreak

AUGUST 1, 2023

In an effort to curtail the abuse, earlier this year the site sent a cease and desist letter to Google, asking the search engine to begin verifying senders of DMCA notices. nu also asked for a litigation hold in anticipation of future legal action. In addition, YTMP3.nu ’,” the complaint explains.

Cease and Desist 98

Cease and Desist Music Copyright Advertising 98

IP Law 360

NOVEMBER 15, 2024

A California federal judge has determined that a Los Angeles sake brand can't litigate a trademark dispute in the Golden State with a similarly named wine store in Brooklyn, saying a cease and desist letter wasn't enough to establish jurisdiction.

Cease and Desist 52

Cease and Desist Branding Branding Brands 52

TorrentFreak

FEBRUARY 16, 2023

In broad terms, both defendants have agreed to permanently cease and desist from knowingly or intentionally performing any of the activities detailed in a comprehensive list. “Generally speaking, non-attorney litigants are less like to be victorious than those assisted by counsel. The image below contains a small sample.

Cease and Desist 145

Cease and Desist Intellectual Property Confidentiality Litigation 145

Patently-O

FEBRUARY 19, 2023

by Dennis Crouch Rule 1 of the Federal Rules of Civil Procedure sets out a bold goal for civil litigation: “ the just, speedy, and inexpensive determination of every action.” ” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust.

Patent Infringement 122

Patent Infringement Cease and Desist Patent Invention 122

Technology & Marketing Law Blog

MARCH 15, 2022

The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation.

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

The IPKat

JUNE 30, 2022

It is not uncommon that the infringing party may be willing to cease the infringement, but unwilling to compensate all the legal costs claimed. A cease-and-desist letter was sent to FU requesting to stop the infringement and to compensate the legal costs borne.

Cease and Desist 89

Cease and Desist IP Law Licensing 89

Technology & Marketing Law Blog

MAY 2, 2022

CFAA : The key question is whether hiQ’s continued access following receipt of LinkedIn’s cease-and-desist letter was “without authorization” under the CFAA. Yet, the dispute is still very heavily litigated in the district court (while the Ninth Circuit was mulling over its ruling in light of Van Buren ). Eric’s Comments.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

SpicyIP

SEPTEMBER 25, 2023

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? On the other hand, this gives a chance to the violating party to quickly dispose of the goods.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

Patent Trademark Blog

MAY 15, 2024

For example, a patent owner sending a cease-and-desist letter or initiating an Amazon infringement report may be sufficient to cause a controversy. So a declaratory judgment lawsuit looks like a patent infringement litigation with the tables turned. Litigation can become a game of chicken. Who will bow out first?

Patent Infringement 59

Patent Infringement Cease and Desist Patent Due Diligence 59

IP Watchdog

APRIL 26, 2024

Late last year, , the United States International Trade Commission (ITC) announced that it would issue a limited exclusion order (LEO) and cease and desist order (CDO) against Apple, Inc. prohibiting Apple from importing and selling its Apple Watch (Series 6 and 7) products in the United States.

Cease and Desist 64

Cease and Desist Patent Patent Infringement Technology 64

IP Watchdog

JULY 23, 2024

The company has also sent numerous cease and desist letters to similar businesses accusing them of trademark infringement and false advertising. Over the past few weeks, Novo Nordisk filed nine new lawsuits against small clinics, medical spas, and compounding pharmacies, alleging false advertising and trademark infringement.

Cease and Desist 59

Cease and Desist False Advertising Trademark Advertising 59

Technology & Marketing Law Blog

OCTOBER 28, 2022

Ryanair has a long history of litigating against OTAs in Europe and the United States. It has previously litigated against OTAs in Spain, France, Ireland, and Switzerland, with mixed results. It previously litigated against Expedia in Washington. The facts of the case are relatively simple, with a couple of twists.

Blogging 111

Blogging Cease and Desist Business Litigation 111

Technology & Marketing Law Blog

AUGUST 25, 2022

The Court ordered LinkedIn to withdraw its cease-and-desist letter, to remove any existing technical barriers to hiQ’s access to LinkedIn members’ public profiles, and to refrain from erecting any legal or technical barriers that block hiQ’s access to those profiles. ” Injunction dissolved.

Cease and Desist 110

Cease and Desist Business Litigation Law 110

IP Watchdog

APRIL 8, 2024

Sonos filed a complaint with the ITC alleging certain Google audio players and controllers infringed the patents and the ITC agreed, issuing a limited exclusion order and a cease-and-desist order (CDO) preventing Google from marketing the infringing products in the United States.

Cease and Desist 59

Cease and Desist Marketing Marketing Patent 59

LexBlog IP

MARCH 13, 2023

2003) (ruling that cease-and-desist letter sent by patentee into forum did not create personal jurisdiction for noninfringement declaratory judgment count). Only time will tell the minimum amount of cease-and-desist letter writing needed to establish the minimum contacts necessary for a declaratory judgment action.

Cease and Desist 52

Cease and Desist Licensing Patent Litigation 52