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]

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Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. ” This is clearly wrong.

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Copyright Cease and Desist Fair Use Litigation 134

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The registrant counternoticed each time.

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Registration Fair Use Copyright Designs 132

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.

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Cease and Desist Copyright Infringement Invention Social Media 105

Patent Trademark Blog

JUNE 2, 2023

Though your mark might not be registered yet, having a pending trademark application will at least start you on the journey toward registration. While registration will ultimately be required, a pending trademark application is sufficient to enable Amazon sellers to begin enrollment. Should you send a trademark cease-and-desist letter?

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Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. 400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

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Patent Trademark Blog

MARCH 31, 2022

Don’t even think about being cheap when it comes to trademark registration. First, you can record a trademark registration with US Customs to block the import of infringing goods. First, you can record a trademark registration with US Customs to block the import of infringing goods. Not all marks, however, qualify.

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Intellectual Property Cease and Desist Registering Trademarks Litigation 52

Technology & Marketing Law Blog

MARCH 6, 2022

Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

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Fair Use Cease and Desist Copying Copyright Infringement 111

Patent Trademark Blog

APRIL 5, 2022

What are your options with a canceled or expired trademark registration? A trademark application may be expedited if a trademark registration was inadvertently canceled or expired. Second, the goods or services in the new application must be identical or narrower than those in the canceled or expired trademark registration.

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Patent Trademark Blog

APRIL 28, 2022

Unlike patent litigation, there is no requirement that a mark first be registered before it can be enforced in trademark litigation. Second, a common law trademark owner can oppose a trademark application or cancel a registration less than 5 years old. A trademark registration gives you nationwide rights.

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Trademark Law Cease and Desist Registration 52

Indiana Intellectual Property Law

JULY 28, 2022

LVB has a federal trademark registration, with the USPTO , for the word mark GENESIS under Registration No. Lafayette, Indiana – The Plaintiff, Lafayette Venetian Blind, Inc., (LVB) LVB) conducts business under the business name “ Lafayette Interior Fashions ” in West Lafayette, Indiana.

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LexBlog IP

AUGUST 17, 2023

Before you spend time and money marketing under that business name, you need to make sure it is legally a great name, one you can feel confident in using without running into an unexpected cease and desist request or trademark infringement litigation and the potential catastrophe of forced rebranding on a short time scale.

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The IP Law Blog

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. . pending or issued registrations) and those that are not.

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IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

APRIL 29, 2023

” As for the remaining copyright-based takedown notice, the court says it doesn’t matter that BAYC didn’t have a copyright registration for the work at issue because unregistered works are still protectable. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

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Technology & Marketing Law Blog

FEBRUARY 21, 2025

Invisible Narratives claims the following: Next Level fraudulently obtained copyright registrations, filed trademark applications, registered the skibiditoilet.com domain (Infringing Site), and released applications on Apple and GooglePlay with the name Skibidi Toilet included. ” with over 18B views.

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Copyright Cease and Desist Fair Use Intellectual Property 40

Greenspoon Marder LLP

OCTOBER 11, 2018

companies that aggressively threaten litigation to enforce trademark rights more broadly than they should) as trolls, this blog post only addresses opportunistic trademark registrants. The opportunistic trademark registrant is a person or entity that registers a trademark without any intent to lawfully use that mark.

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Garrigues Blog

OCTOBER 19, 2021

weigh up and anticipate what a litigation case entails in the big picture and in light of your business. Registrations will not prevent others per se from trying to enter the market with similar signs covering similar goods and services: you need to be vigilant and take into account the following ground rules.

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Trademark Cease and Desist Registration Litigation 59

The TTABlog

AUGUST 15, 2022

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

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Canadian Intellectual Property Blog

OCTOBER 28, 2020

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.

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Social Media Copyright Cease and Desist Copyright Infringement 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. They can only get the protection under the trademark law and get trademark registration when they build a reputation of the specific products and services they deal with. It takes years for them to get registration.

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The IPKat

APRIL 27, 2024

Litigation involving the alleged infringement of rights in ready-to-wear clothing is a frequent occurrence [ IPKat here , here ]. On 7 May 2021, ROSAE PARIS unsuccessfully sent a cease-and-desist letter to SEVEN AUGUST. Falguière ). However, the cumulative conditions for protection must still be met.

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Patent Trademark Blog

JANUARY 18, 2024

Me-too products may be better off with simply trademark registration. Copyright registration might be an option if your product contains sufficiently original features that are nonfunctional. A cease-and-desist letter may be an option, but it comes with certain risks.

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Design Patent Patent Cease and Desist Designs 52

Indiana Intellectual Property Law

JULY 21, 2021

Registration No./Serial As of the filing of the Complaint, Vroom claims Defendants did not respond to any of the cease and desist communications and continued using the Allegedly Infringing Properties. (“Vroom”), the Plaintiff, apparently began selling used vehicles online in 2013. VROOM GET IN. 87/287,698.

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azrights

MARCH 23, 2022

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.

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SpicyIP

MAY 15, 2023

Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court. Considering that the petitioner is the prior user of the mark and has an earlier registration, Delhi High Court directs the Trademarks registry to remove the respondent’s allegedly similar mark. 50,000/- to be paid to YSL.

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Patent Trademark Blog

JUNE 8, 2023

Does the new patent attorney have litigation experience? Even if you never intend to litigate, you want your patents to be defensible. Do they know how to write effective cease-and-desist letters or caution you against sending one if the risks are too high? Your patents should have real teeth in the marketplace.

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Patent Patent Application Cease and Desist Trademark 52

IP.com

OCTOBER 2, 2024

While copyright protection is automatic upon creation, registration provides additional legal benefits. Take prompt action against unauthorized use through cease-and-desist letters, negotiations, or legal proceedings if necessary. Trade Secrets: Implement internal policies and agreements to protect confidential information.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Startups can protect both the source code and object code through copyright registration. However, even with proper IP registration, infringement can occur, threatening the startup’s growth and potential success. Litigation: If negotiations fail or infringement persists, pursuing legal action becomes necessary.

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Intellectual Property Cease and Desist Invention Brands 52

Indiana Intellectual Property Law

JULY 26, 2021

Registration Nos. Delta claims it sent multiple cease and desist communications to Defendants, but Defendants have continued to sell products bearing the Delta Marks on their “TechnoProffs” Amazon storefront. As Delta’s brand is important to the company, it has registered numerous trademarks with the U.S.

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SpicyIP

NOVEMBER 21, 2022

The court relied on the studies conducted by Lumen and “large volumes” of cease and desist complaints to prima facie establish that the App is a rogue website and deserves to be blocked as a whole. The Plaintiff has registrations over the marks ‘Purva’, ‘Purvankara’. Image from here.

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IP Cease and Desist Patent Music 100

IIPRD

JANUARY 23, 2023

8] Cease and desist letters are also measures to tackle such infringement wherein the seller is demanded to stop the sale of the product and never sell it again. This assist if a situation of litigation arises. [9] 9] For utility Patents, Amazon launched Utility Patent Neutral Evaluation Procedure (UPNEP) in 2019.

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Patent Infringement Patent Cease and Desist IP 52

IP and Legal Filings

MARCH 5, 2024

For trademark owners, litigation was their main option. Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action. The registration and management of trademarks was another essential component.

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Intepat

MAY 28, 2024

Apple’s multiple trademark oppositions and IP Litigation worldwide has become a part of its broader strategy to maintain exclusive rights to the “Apple” icon and term. Prior Registration and Use: Apple Inc. It doesn’t describe the product itself but rather serves as a brand identifier. In 2007, Apple Inc.

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Trademark Intellectual Property Brands Branding 52

LexBlog IP

OCTOBER 30, 2021

Copyright disputes do not need to escalate into costly and time-consuming litigation. Copyright exists automatically, without the need for registration. Cease and Desist Letters. Cease and desist letters can prompt the infringer to cease their activities and/or negotiate a resolution. Litigation.

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Copyright Infringement Cease and Desist Copyright Social Media 52

The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

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The IP Law Blog

MARCH 2, 2021

1117(a), which says: When a violation of any right of the registrant of a mark registered in the Patent and Trademark Office, a violation under section 1125(a) or (d) of this title, or a willful violation under section 1125(c) of this title, shall have been established. , Importance of the Defendant’s Mental State to Awarding Pro?ts.

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Intellectual Property Contracts Trademark Trademark Law 52

Technology & Marketing Law Blog

JUNE 21, 2023

Moreover, the Court clarified that trial courts can dispose of frivolous trademark infringement claims as a matter of law on a motion to dismiss under the Rogers test and the standard likelihood of confusion test: “That is not to say (far from it) that every infringement case involving a source-identifying use requires full-scale litigation.

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