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This week in Other Barks & Bites: Dr. Dre issues a cease-and-desist letter to Marjorie Taylor Greene alleging copyright infringement; Apple loses a patent case that threatens the import of certain Apple Watches; a jury rules in favor of fashion designer Thom Browne over Adidas in a trademark case; and the USPTO extends the deadline to submit comments (..)
A cease-and-desist (C&D) letter typically demands that the recipient stop (cease) doing something now and avoid (desist from) doing it in the future, or risk being sued.
For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion.
Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectual property rights – whether patent, trademark or copyright – are communications primarily to achieve enforcement without a need to seek court intervention.
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. Perhaps you might want to send them a C&D letter to get them to respect your patents. Does the letter mention a copyright, trademark or patent?
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.
The path to stopping infringement of your Intellectual Property (IP) rights begins with two key questions: "Should I send a cease and desist letter?" and "Is a cease and desist letter enforceable?".
The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21. This Dune tells us, every member of the secretive Bene Gesserit sisterhood knows.
IP can take several forms, including patent and trademark registrations, or intellectual property rights arising from common law, such as trade secrets, confidential information, or unregistered trademarks. The intellectual property (IP) of your business has value. By: Smart & Biggar
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.
LLC for patent infringemen t under U.S. Patent Laws, 35 U.S.C. §§ 271 , 281 , 283 , 284 , and 285. 8,967,940 (“the ’940 patent”) and U.S. 9,745,123 (“the ’123 patent”). 287(a) , Unverferth has affixed serial numbers to its products to identify the patents used in those products. . § Continue reading
International Trade Commission on Thursday upheld a finding that Apple Watches with an app that measures heartbeats infringe two patents, but it will hold off on enforcing a cease-and-desist ban until the resolution of a Patent Trial and Appeal Board ruling that determined the patents covering that heartbeat measuring technology are not actually valid (..)
How to Ask the Right Questions About Utility Patent Infringement Utility patent infringement is complex, to say the least. It’s not just about whether the products infringe the utility patent. Need to enforce or defend a utility patent infringement claim? What is utility patent infringement?
” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust. Patent Nos. Objectively Baseless : The Federal Circuit has given patentees a fairly-wide berth with regard to public accusations of infringement and customer cease-and-desist letters. Light-Netics owns U.S.
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]
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.
Dear Patenticity, We recently found that an out-of-state competitor is infringing one of our patents. I know we need to put a stop to it, but I’m worried about the cease-and-desist letter. Perdiemco, where a patent owner sent a cease-and-desist letter and ended up being sued.
Even if an identical trademark is not used, a knock-off product may infringe trade dress or patent rights where it is made to copy the protected appearance, details and construction of a well-known product in order to mislead consumers as to the source of the product.
Trademark registration with the United States Patent and Trademark. If someone infringes the trademark, a “cease and desist” letter. The following is an excerpt from my book, Building a Bold Brand. To learn more about the book, visit www.buildingaboldbrand.com. . Office (USPTO) has tremendous value. significance.
This guide provides a step-by-step approach to developing an IP strategy for a single technology that a corporation aims to patent. Invention Novelty Assessment: conduct a quantitative assessment of the novelty of an innovation against a corpus of global prior art to evaluate the feasibility of pursuing a patent.
This Week in Other Barks and Bites: two voice actors file a class action lawsuit against an AI company accusing the firm of stealing their voice; the NMPA sends a cease-and-desist letter to Spotify asking the streaming company to pull unlicensed content from their platform; and the Senate AI Working Group releases a roadmap for Senate AI policy with (..)
by Dennis Crouch In a significant decision on personal jurisdiction in patent cases, the Federal Circuit held that using Amazon’s patent enforcement process (APEX) to target an alleged infringer’s listings can subject the patent owner to specific personal jurisdiction in the alleged infringer’s home state.
Lighting Defense Group , discussing personal jurisdiction and – for the first time – Amazon’s “low-cost procedure … ‘[t]o efficiently resolve claims that third-party product listings infringe utility patents,’” called Amazon Patent Evaluation Express, or “APEX.” 2023-1184, Doc. 44 at 2 (Fed. May 2, 2024) (citation omitted).
Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. under the Biological Diversity Act. Raytheon Company v.
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.
Patent owners seeking to assert their rights outside of their home states should continue to think twice about sending cease-and-desist or demand letters or traveling to meet with alleged infringers, lest they find themselves defendants in declaratory judgment actions in the alleged infringers’ home jurisdiction. In Apple v.
This case addresses the validity of patents asserted against a high-density fiber optic equipment importer in violation of § 337. The Federal Circuit held that the general rule that the terms “a” or “an” in a patent claim mean “one or more” was properly applied and that the patentee had not evinced a clear intent to limit “a” or “an” to “one.”
They were either notified via mail by FACT and police, or visited at their home, where a cease-and-desist notice was delivered personally. FACT and the 40 IPTV Operators FACT mentions that 40 illegal ‘IPTV operators’ were served with official warnings.
What is a patent declaratory judgment lawsuit? A patent declaratory judgment action is an infringement lawsuit in reverse. The patent owner is the defendant. Need to defend a patent infringement claim? Contact US patent attorney Vic Lin at (949) 223-9623 or at vlin@icaplaw.com to explore how we can help.
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.
” The Court found substantial evidence to support these claims and acknowledging non-compliance with the plaintiff’s cease and desist notices by the defendant, the Court gave an ex-parte order for injunctive relief and ruled in favour of the defendant. Super Cassettes Industries Private Ltd.
Is patent enforcement possible for small companies? Whatever people may have heard about patent enforcement, one thing is clear. Almost everyone knows that patent infringement lawsuits are expensive. If patent infringement litigation is so costly, what options are available to startups and small businesses?
Patent owners seeking to assert their rights in forums outside their home states may now need to think twice about whether to hit send on a cease-and-desist or demand letter. For the past two decades, since the Federal Circuit’s decision in Red Wing Shoe Co. Hockerson-Halberstadt, Inc., 3d 1355 (Fed.
s patents but which also found three proposed redesigns did not infringe. Patent Nos. 10,439,896 (“’896 patent”), 9,195,258 (“’258 patent”), 9,219,959 (“’959 patent”), 10,209,953 (“’953 patent”), and 8,588,949 (“’949 patent”). Sonos owns U.S.
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.
BTL) has filed a lawsuit against Be Minked Beauty & Company LLC and its owner, Britney Humphrey, accusing them of patent infringement , trademark infringement , and unfair competition. According to the Complaint BTL holds a patent ( Patent No. BTL Industries, Inc.
The Unified Patent Court (UPC) has again faced several questions about the granting of provisional measures. The Munich Local Division was also asked to consider whether the patent owner had unreasonably delayed the commencement of the action. The Munich Local Division of the Unified Patent Court (‘the Court’) has ruled in Syngenta v.
Jack Daniels sent a cease-and-desist letter to VIP who then filed a declaratory judgment action in Arizona. For those who don’t know, Jack Daniels is a form of Whiskey. VIP Products makes and sells a squeaking dog toy known as “bad spaniels.” ” The setup here is a humorous parody, but JD is not laughing.
2003) (ruling that cease-and-desist letter sent by patentee into forum did not create personal jurisdiction for noninfringement declaratory judgment count). See e.g., Silent Drive, Inc. Strong Industries, Inc., 3d 1194, 1202 (Fed. By: BakerHostetler
Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! And, it’s even more helpful to hire an experienced trademark attorney to handle the registration process. In the end, only one trademark question matters for businesses.
The Cost of Protecting Intellectual Property- A typical scenario for a patent infringement lawsuit may begin with some potential defendant selling a product. This potential defendant may receive a cease-and-desist letter which the defendant, for whatever reason, ignores. By: Caldwell Intellectual Property Law
Patent No 8,387,718 The International Trade Commission (ITC) is an independent, quasi-judicial federal agency with the power to investigate unfair trade practices, including patent infringement by imported goods. at Patently-O. at Patently-O. International Trade Commission , No. 8-28-2024_2375118 U.S.
Creator Mason Rothschild revealed in an open letter to Hermès, which he posted on his Instagram account on December 22, that he received a cease-and-desist letter from the French luxury goods brand. Dennis Crouch (University of Missouri School of Law) posted on the dichotomy between issues-of-fact and issues-of-law in US patent law.
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