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Cease-and-desist letters, often referred to as demand letters, are a valuable tool in defending your intellectual property rights, including copyrights and trademarks. This correspondence will outline the ownership of the work, highlight the infringing activity. By: Hendershot Cowart P.C.
The following is an edited transcript of my video, What Are the Potential Costs of an Unprotected Trademark. Then they received a cease-and-desist letter: another company had already registered the identical brand name for the identical services. Might they think you’re under new ownership once again?
Trademarks provide multiple crucial advantages to businesses and customers alike. Trademarks also carry all the image and reputation a brand builds over the years. Furthermore, inconsistent or improper use of a trademark can obstruct its owner’s ability to enforce the trademark rights in a given brand.
Case Summaries L Oreal vs Graphics Traders on 19 October, 2024 (Delhi District Court) Image from here The plaintiff filed a suit alleging import of counterfeit cosmetics by the defendant, bearing its trademarks- “MAYBELLINE” and “BABY LIPS”. No written statements were filed by the defendants. Sri Narasus Coffee Company Private Ltd vs M/S.
Introduction The case revolved around the unauthorised use of the Infosys trademark by Southern Infosys Limited. This is an important ruling that underscores the importance of trademark protection and issues of infringement. Plaintiff’s Arguments The Infosys trademark has been used since 1981.
Introduction A trademark is a symbol that differentiates one’s brand from another. A trademark is a symbol that can consist of a device, label, name, signature, combination of colors and much more. The process of filing for a trademark can be complex and making mistakes while filing can lead to delays or rejections.
Case Summaries Resilient Innovations Private Limited vs Waterbot Online Solutions Private Limited on 17 April, 2025 (Delhi High Court) The plaintiff filed a suit seeking permanent injunction against copyright and trademark infringement, passing off and other ancillary reliefs, against multiple defendants. 63(4)(c), BSA.
Late last year, the Patent and Trademark Office and the Copyright Office launched a joint consultation to take stock of the potential legal and policy questions related to NFTs. law, including the DMCA’s takedown provision, is well-equipped to handle copyright and trademark issues as they arise. Piracy remains a concern, however.
TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e., disputes between domain names and trademarks).
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.
Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab?
The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie.
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.
The problem of counterfeiting not only puts brands at risk of their trademarks, brand value, and goodwill getting damaged but also puts consumers at the risk of receiving sub-standard quality products, which may ultimately affect their health and wellbeing. Takedown notices, cease and desist notices, etc.,
Do you need a registration in order to use a trademark? Unless a trademark application is based on a foreign registration , the applicant would be required to show usage of the applied-for mark on the relevant goods or services before the USPTO will issue a trademark registration. Think about your own company.
The only way to ensure you fully own the rights to your business name is to register the business name as a trademark with the United States Patent and Trademark Office. Registering your business name this way lets the world know you have the ownership rights to that name when it comes to the goods and services you provide.
Invisible Narratives claims to own the copyrights and trademarks to the series. Barrett Financial * 512(f) Once Again Ensnared in an Employment Ownership DisputeShande v. 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.
Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Fans willing to drop even more money could allegedly buy clothing, keychains and other merchandise at the venue, all of which featured the “Bridgerton” trademark. Netflix disagrees.
Trademarks : Protect brand identifiers such as names, logos, slogans, and symbols that distinguish your products or services in the market. Each type of IP requires specific actions: Protecting Patents To protect an invention, file for a patent with your countrys patent office, such as the United States Patent and Trademark Office (USPTO).
One of the key elements of the NCAA’s intellectual property rights is the trademark for the phrase “March Madness.” ” The NCAA registered this trademark in 1989, and it has been fiercely protected ever since. In some cases, the NCAA has even taken legal action to protect its trademarks.
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.
These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. These rights encompass various forms of intangible assets, including patents, trademarks, copyrights, and trade secrets.
To add more clarity to this, ‘Trademark squatting’ – in which one person obtains registration for a trademark which does not actually belong to them nor do they have any right/ claim over the same – has evolved into an actual business today. This is the most cost effective and time conscious way to prevent squatters.
How are digital assets possessed and ownership proven? Digital assets, like NFTs and bitcoin, are registered on the blockchain to a specific wallet’s public address, proving ownership. Send a Cease and Desist Letter. Intellectual Property , Trademarks. So what is your metaverse strategy? About the Authors.
IP encompasses a wide range of intangible assets, including inventions, trademarks, designs, and trade secrets. Trademarks: Protect brand names, logos, and slogans. Trademarks: Register your trademarks with the appropriate authorities to gain exclusive rights to your brand identifiers.
We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.
Pharmaceutical Trademark Confusion: Poison Pill or Public Health? 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. Do let us know in case you think we missed out on anything!
Respondent, who then sent a cease-and-desist letter to petitioner, prompting the subject petition for cancellation. Nema Foods claimed to have an "understanding" with petitioner that Nema would own the trademark, but it provided no evidence to support that claim.
Thus, “a party that demonstrates a real interest in cancelling a trademark under [Trademark Act Section 14, 15 U.S.C.] § 1064 has demonstrated an interest falling within the zone of interests protected by [the Trademark Act]. Petitioner refused, but offered to sell the domain name for $1.2 Corcamore , 2020 USPQ2d 11277, at *7.
Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.
The inventor’s rights to the patent vary depending on ownership, further explained below. Patent owners can use it to check for potential infringers, send cease and desist letters, or seek licensing opportunities. Rob is a patent, trademark, and technology associate at Founders Legal. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-623e9c838b6157451{flex-wrap:
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.
By conflating copyrights and trademarks, the court made a very embarrassing mistake. Even if the court meant trademarks (which was not the case), this claim would have been overstated–the policing “duty” comes into play only in exceptional circumstances. Metro-Goldwyn-Mayer, Inc. ,
” 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.
Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. You don’t need to register the work like you would with trademarks or patents. . Although, it could receive trademark protection.).
Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. You don’t need to register the work like you would with trademarks or patents. . Although, it could receive trademark protection.). Trademarks.
Trademarks: Trademarks are the marks that help to identify the brand, goods, and services from those of others. In the case of sports, trademarks help to protect brand identities, such as team logos, player names, particular sports moves of a player, event titles, etc. Legal Mechanisms for Addressing IP Infringement : 1.
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