JD Supra Law

DECEMBER 20, 2021

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.

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Cease and Desist Patent Infringement Patent 55

Patent Trademark Blog

JUNE 5, 2023

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?

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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.

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The IPKat

OCTOBER 8, 2024

Sumi Agro ( UPC_CFI_201/2024 ) that distributing an infringing product outside the Contracting Member States (CMS) and advertising a product under the same name within the CMS can create a risk of patent infringement. According to the Court, Sumi Agro should have offered a cease-and-desist declaration in such circumstances.

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Advertising Advertising Patent Infringement Cease and Desist 64

Indiana Intellectual Property Law

AUGUST 9, 2022

Brooks”) cease and desist the use of the Mark NITRO mark in connection with footwear. PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No. D897,075 and is being sold in connection with the infringing use of PUMA’s NITRO mark. The parties were unable to reach a settlement.

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Patent Trademark Blog

MARCH 13, 2024

How do you defend a patent infringement claim? Accusations of patent infringement should be taken seriously. Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem.

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JD Supra Law

FEBRUARY 10, 2022

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

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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?

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IIPRD

JANUARY 23, 2023

In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. Amazon often face patent violations with its increasing customer base and involvement of third-party seller. Patent infringement can occur in both of these roles.

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Patently-O

AUGUST 30, 2024

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. Under Section 337 of the Tariff Act of 1930 (19 U.S.C.

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Indiana Intellectual Property Law

FEBRUARY 14, 2025

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. The company alleges that Be Minked is selling a device called the “Emsculpt RF Machine” that infringes on BTLs patent.

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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.

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SpicyIP

OCTOBER 27, 2024

The plaintiff claimed that the defendant was not a subscriber to the plaintiff’s subscription agreement/license for receiving news content and copied its content verbatim, despite a cease-and-desist notice. Jury awards USD 250 to Apple in their patent infringement dispute with Masimo.

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Trademark Copyright Cease and Desist Registration 103

The IPKat

JANUARY 2, 2022

A recent example of how the metaverse will include digital fashion is the conflict between Hermès and MetaBirkins over allegedly trademark-infringing non-fungible tokens ("NFTs") that were marketed as MetaBirkins without Hermès' permission. Julie Zerbo tells the rest of the story on The Fashion Law.

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Blogging IP Non-Fungible Tokens Cease and Desist 127

The IPKat

AUGUST 7, 2024

Also, for an offer to be made, not all features of the claim have to be shown in the advertising and / or at the fair stand if it has to be assumed that the product shown corresponds in its technical design to the subject matter of the patent. The penalty for this was set at 500.00 The penalty for this was set at 25,000.00

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Patent Trademark Blog

MARCH 31, 2022

If you don’t have at least two million dollars laying around to sue for patent infringement, this post is for you. In certain circumstances, a cease-and-desist letter may accomplish your objectives. In essence, Amazon has created its own legal system, or patent court if you will.

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Intellectual Property Cease and Desist Registering Trademarks Litigation 52

Patent Trademark Blog

JUNE 2, 2023

Should you send a trademark cease-and-desist letter? Sending a trademark infringement cease-and-desist letter is a serious matter. Some trademark owners with greater financial resources may adopt this more aggressive approach to oppose similar marks from being registered.

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Patent Trademark Blog

FEBRUARY 22, 2022

Competitors invest significant amounts of time and money in studying patents in order to design around them. I know because clients have hired us to avoid patent infringement. In some cases, avoiding infringement is not difficult or complicated. It can be rather simple when you understand the claims.

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Patent Application Cease and Desist Patent Patent Infringement 52

LexBlog IP

NOVEMBER 15, 2022

A patent holder may only collect patent infringement damages from the date that proper “notice” under the U.S. Such “notice” is either deemed to have been provided “constructively”—i.e.,

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LexBlog IP

SEPTEMBER 14, 2022

Provide an opinion on whether the invention – in its intended state – infringes upon the Intellectual Property rights of another party. When should I have an FTO conducted? Again, my favorite attorney answer.it

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Patently-O

JULY 10, 2024

The Federal Circuit panel in SnapRays had distinguished cases involving ordinary cease-and-desist letters, reasoning that “LDG did more than send a cease and desist letter” by initiating the APEX process that would automatically remove SnapRays’ listings absent action by SnapRays. Quoting Radio Sys.

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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. Canadian Supreme Court rejects appeal from Nova Chemicals against Dow’s C$ 645 million patent infringement award.

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Patent Trademark Blog

JANUARY 18, 2024

For products sold on Amazon, consider submitting a report of infringement. If the infringing listings are not removed, then consider the Amazon APEX evaluation case. This is where an experienced patent attorney would help. 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 Design 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 8, 2022

Tobacco Heating Articles Overview: In the first opinion, the Commission denied a motion to stay a limited exclusion order (LEO) and cease and desist order (CDO) pending appeal at the Federal Circuit. Certain Tobacco Heating Articles & Components Thereof , Inv. 337-TA-1199, Comm’n Op.

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Patent Trademark Blog

JUNE 8, 2023

Do they have experience with patent enforcement ? Have they handled Amazon patent disputes ? Do they know how to write effective cease-and-desist letters or caution you against sending one if the risks are too high? Have they defended against claims of patent infringement?

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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] patent; and 3) that an industry with respect to articles protected by the patent exists or is in the process of being established. [3]

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Patently-O

JUNE 24, 2024

Respondent: Whether a district court’s discretion under the Lanham Act permits using the financial statements of “non-arms’ length” affiliates to adjust a disgorgement award against a trademark infringer, and only that infringer, when the infringer has claimed $0 in profits. ” 15 U.S.C.

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IP Watchdog

FEBRUARY 24, 2023

in royalties to Voxer over patent infringement; President Biden passes on vetoing a cease-and-desist order against Apple; and the USPTO launches a new education platform to teach students about innovation and intellectual property.

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IP Watchdog

OCTOBER 27, 2023

This week in Other Barks & Bites: The International Trade Commission issues a limited exclusion order and cease and desist order for patent-infringing technology in the Apple Watch; Taco Bell wins its last battle against Taco Tuesday trademark; and President Biden announces the recipients of the National Medal of Science and the National Medal (..)

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Intepat

FEBRUARY 12, 2025

Legal Actions: – Cease and Desist Letters: This is often the first step to resolve issues before resorting to the courts. The rights holder may then issue cease-and-desist letters to infringers demanding that they stop using the protected mark.

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SpicyIP

JULY 20, 2024

But before you go, do check Roshan’s post discussing whether sending a cease-and-desist notice could impact our chances of securing an ex parte ad interim injunction. Beyond injunctions, my post arguing that a PhD thesis is a public document as per UGC guidelines might interest you. Okay, this is it. Perhaps not.

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