IP Watchdog

DECEMBER 3, 2022

Court of Appeals for the Eleventh Circuit earlier this week ruled in favor of Viacom in a trademark fight over the media conglomerate’s Floribama Shore reality television show. 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.

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Patent Trademark Blog

AUGUST 16, 2023

Can you get sued for sending a cease-and-desist letter? Before you send that cease-and-desist letter, understand this risk and gauge the probability of the other side escalating the fight. Need a smart strategy for enforcing your patent and trademark? Yes, you can get sued for sending a C&D letter.

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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. Would it make sense to send them a trademark infringement letter. Would it make sense to send them a trademark infringement letter.

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IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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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.

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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.

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Intellectual Property Law Blog

JUNE 9, 2021

Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. The Lanham Act defines ‘trademark counterfeiting’ as producing or selling a product bearing a false trademark that is an intentional copy of a genuine trademark (15 USC §1127).

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Likelihood of Confusion

JUNE 22, 2024

Republished by Blog Post PromoterIt’s an art, not a science — like all litigation — and despite the best advice, well… there are some things, many of them in robes, you just can’t account for. But still, why not at least get the best advice?

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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.

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IP Watchdog

JULY 23, 2024

After filing 13 lawsuits in 2023 claiming trademark infringement, deceptive trade practices, and false advertising related to the pharmaceuticals Ozempic and Wegovy, Novo Nordisk—a 100-year-old pharmaceutical company with its origins in Denmark—is once again making headlines.

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Patent Trademark Blog

JUNE 2, 2023

How can you realistically enforce your trademarks? Trademark enforcement is not only for millionaires and big companies. Startups and small businesses can use cost-effective ways to stop or discourage trademark infringement. By employing smart tactics, you can increase trademark protection while spending less.

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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.

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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.

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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.

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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? Image from here Kia Wang vs The Registrar of Trademarks & Anr. Emami Ltd.

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Olartemoure Blog

MARCH 16, 2021

This way authorities will remember your trademark and provide a way for you to clearly show what your company is doing and what your main products are. Create trademark alerts for your main brands, block them on Google, Twitter, Facebook, Instagram, and other social media. Training sessions in Colombia are still necessary.

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Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

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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?

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Patent Trademark Blog

OCTOBER 24, 2024

Of course, patent owners have always had the option of sending cease-and-desist letters. In patent litigation, both infringement and invalidity issues may be argued. The post Utility Patent Infringement: The Most Important Things to Know appeared first on Patent Trademark Blog | IP Q&A.

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Patent Trademark Blog

APRIL 28, 2022

How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. The term common law arises most frequently in the context of an unregistered trademark.

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Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Trademark Dilution. The Crony graphic doesn’t qualify for the “parody” exclusion to trademark dilution. Trademark Infringement. The court rejects Goodman’s motion to dismiss.

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Greenspoon Marder LLP

OCTOBER 11, 2018

Similar to their patent or copyright troll counterparts, “trademark trolls” are unscrupulous characters that exploit intellectual property laws for financial gain. Although some may characterize “trademark bullies” (i.e. Although some may characterize “trademark bullies” (i.e. This situation comes up in a variety of contexts.

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Indiana Intellectual Property Law

JULY 28, 2022

LVB has a federal trademark registration, with the USPTO , for the word mark GENESIS under Registration No. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C.

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Patent Trademark Blog

JUNE 5, 2023

If patent infringement litigation is so costly, what options are available to startups and small businesses? Let’s explore realistic enforcement options for small and midsize companies who do not have millions of dollars to spend litigating. How can small businesses afford patent litigation? A lot can be at stake.

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Patent Trademark Blog

MARCH 31, 2022

How to enforce trademarks inexpensively. Let’s start with trademarks. At the outset, register your trademarks for your more important products and services. Make sure to file your trademark applications properly. Don’t even think about being cheap when it comes to trademark registration.

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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. weigh up and anticipate what a litigation case entails in the big picture and in light of your business. Successful products and services are likely to have their trademarks copied. We will explain how to go about it.

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TorrentFreak

NOVEMBER 23, 2023

Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. AimJunkies stresses that, after Bungie sent a cease and desist letter in 2021, it removed the contested software from its platform.

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Traverse Legal Blog

SEPTEMBER 27, 2024

This article will discuss the various tactics our Amazon seller attorneys use to enforce trademark rights and maintain control over our clients’ distribution networks. Almost inevitably, the counterfeit products are of inferior quality and are sold leveraging your brand name, trademark, and intellectual property rights.

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Technology & Marketing Law Blog

APRIL 29, 2023

” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Of the efficacious four, three were based exclusively on trademark rights, not copyright.

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Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.

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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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Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

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Indiana Intellectual Property Law

JULY 21, 2021

As e-commerce has taken off, Vroom sought and registered numerous trademarks including those at issue in this case as shown below (the “Vroom Marks”).?. 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.

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The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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Technology & Marketing Law Blog

FEBRUARY 21, 2025

Invisible Narratives claims to own the copyrights and trademarks to the series. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) CaseAutomattic v. Summit Entertainment * Cease & Desist Letter to iTunes Isnt Covered by 17 USC 512(f)Red Rock v.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] 3] However, patent litigation is but one potential use of this forum. What are the Benefits of Litigating at the ITC?

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Patently-O

JUNE 24, 2024

a trademark damages case focused on how corporate separateness principles apply to disgorgement remedies under the Lanham Act, 15 U.S.C. As the Patent Act does for design patent infringement, the Lanham Act allows for disgorgement of profits as a remedy for trademark infringement. Dewberry Engineers Inc. , ” 15 U.S.C.

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