Traverse Legal Blog

JULY 14, 2022

A cease and desist letter is typically the most cost-effective option, but in some cases a particularly egregious or blatant instance of trademark infringement can call for initiating a lawsuit. In any scenario, the optimal first move is to try a cease and desist letter. Has your trademark registration ever lapsed?

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Cease and Desist Trademark Litigation Intellectual Property 98

Erik K Pelton

OCTOBER 6, 2020

Trademark registration with the United States Patent and Trademark. as low as $225, and the resulting trademark registration provides a. myriad of benefits to its owner: Using the registration symbol (®) looks nice, and the official. registration certificate looks great framed on an office wall to. significance.

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Business Cease and Desist Trademark Registering Trademarks 130

Technology & Marketing Law Blog

JULY 26, 2023

The domain registration is cloaked. Chegg sent a cease-and-desist letter to Homeworkify’s domain registrar, Namecheap, its proxy server, Cloudflare, and the email address associated with domain registration, but they have found nothing. Access after revocation triggers a CFAA claim, not data misuse. Also, this is dicta.

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Cease and Desist Blogging Contracts Privacy 98

Plagiarism Today

OCTOBER 26, 2021

The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. Lawsuits around these particular issues are rare and the disputes that do arise typically are handled through cease and desist letters or takedown notices.

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Trademark Copyright Cease and Desist Copying 279

Erik K Pelton

MARCH 9, 2021

Then they received a cease-and-desist letter: another company had already registered the identical brand name for the identical services. The amount of time spent dealing with a dispute when a business doesn’t have a registration is almost certainly going to be more complicated and take longer to resolve.

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Cease and Desist Trademark Social Media Branding 130

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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Cease and Desist Trademark Registering Trademarks Business 105

Erik K Pelton

NOVEMBER 29, 2021

Achieve registration. Enforce your trademark , if necessary, by sending cease and desist letters, or take down notices, or otherwise engaging with infringements. Enforce your trademark , if necessary, by sending cease and desist letters, or take down notices, or otherwise engaging with infringements.

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Trademark Cease and Desist Branding Brands 147

Kashishipr

MAY 4, 2022

Even if you have the Trademark Registration in place, it is essential to understand that the trademark rights are not self-executing; being the trademark owner, you are ultimately responsible for monitoring the marketplace and your use as well to safeguard well against losing the rights. Send Cease-&-Desist Letters Automatically.

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Social Media Trademark Cease and Desist Registering Trademarks 105

Erik K Pelton

NOVEMBER 3, 2020

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. Since 1999, I have built and managed my own small business, Erik M.

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Business Trademark Cease and Desist Brands 130

IPilogue

OCTOBER 19, 2021

In response, on August 28, Hershey sent a cease-and-desist order on its Kisses trademark, which led to the September 28 lawsuit. trademark law, a “lack of inherent distinctiveness” is a common reason for the USPTO to reject a trademark registration—so how was the possibly indistinctive Kisses mark registered?

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Cease and Desist Branding Brands Branding 105

TorrentFreak

AUGUST 21, 2021

Last year his Area 51 service was shut down following a cease-and-desist issued by the Alliance For Creativity and Entertainment (ACE). Changes to domain registration records must be prevented and all must be disabled to prevent public access. Early July in a California court, Warner Bros.,

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Cease and Desist Settlement Copyright Infringement Copyright 145

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.

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Cease and Desist Copyright Infringement Invention Social Media 105

Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. When it comes to maintaining your trademark registration in India, you must use it concerning the products or services for which it is registered. Some Other Crucial Aspects to Keep in Mind.

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Registration Registering Trademarks Trademark Cease and Desist 52

Kashishipr

OCTOBER 6, 2021

It helps to identify any legal barriers to the company’s use or registration of its trademark (which can be the company business name, brand name, slogan, or logo) before the company begins to use the trademark or apply to have it registered. The same can lead to refusal of registration on the grounds of the likelihood of confusion.

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Business Trademark Cease and Desist Registration 105

IP and Legal Filings

NOVEMBER 12, 2024

Introduction Registration of a trademark is an important step toward building a brand on solid ground. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration.

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Trademark Branding Brands Branding 97

IP and Legal Filings

NOVEMBER 11, 2021

In the year 2012, the IPAB adjudicated that if a company takes elaborate measures to police the incorrect usage of their trademarks (which includes sending legal notices and cease and desist notices), the trademark in question will not be considered as a generic term. Subsequently, this decision was challenged by the appellant.

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Trademark Cease and Desist Branding Brands 98

Selvam & Selvam Blog

JULY 11, 2024

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. So, how do you approach this issue when your brand is caught in the middle of it?

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Registration Branding Brands Branding 40

Patent Trademark Blog

SEPTEMBER 7, 2021

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.

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Registration Trademark Cease and Desist Ownership 40

Technology & Marketing Law Blog

DECEMBER 15, 2021

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. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

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Registration Fair Use Copyright Designs 132

Patently-O

JULY 20, 2023

The proposed registration filings focused on iconic elements of the boot, including the silhouette features shown above. Timberland boots have been on the market for 50 years, and according to the record the company has “never has demanded that competitors cease and desist from selling look-alike boots.”

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Designs Design Cease and Desist Design Patent 74

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

The first case deals with the Commission’s issuance of a limited exclusion order and cease-and-desist order in Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same (Inv. Trademark Registrations. [1] 337-TA-1196). 337-TA-1196). Complaint, at 1. Int’l Trade Comm’n , 598 F.3d

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Cease and Desist Registration Patent Trademark 52

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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Cease and Desist Branding Brands Branding 52

Copyright Lately

FEBRUARY 2, 2025

Rather than challenge a works public domain status in courtwhere they might face a public loss and a court-ordered fee awardsome rightsholders find it more effective (and economical) to rely on public statements, cease and desist letters, and convoluted legal arguments to chill potential users.

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Public Domain Copyright Cease and Desist Publishing 93

IP and Legal Filings

SEPTEMBER 10, 2024

Registration of everyday words such as “bottle”, “company” etc, is not allowed. An attorney shall help you guide the way to increase the likelihood of a successful registration. How to prevent: One should select a unique/distinctive mark that represents your brand.

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Trademark Cease and Desist Branding Brands 96

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. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

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Copyright Cease and Desist Fair Use Litigation 134

The IPKat

MARCH 14, 2024

This post discusses the questions on the issue of joint authorship of audiovisual works and implications of copyright registration, which are raised by this dispute. GMC denied the assertions as false.

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Copyright Cease and Desist Ownership Registration 79

The IPKat

DECEMBER 14, 2023

Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan. Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal. Katpost on the decision here.

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IP Service Mark Cease and Desist Registration 84

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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Cease and Desist Trademark Designs Design 52

Greenspoon Marder LLP

FEBRUARY 20, 2019

Accordingly, you should consider implementing the following practices in order to protect your mark: Marking: It is a good idea to include a registration notice on all marketing materials, your website, brochures, letters, advertising, other documents and other promotional materials.

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Registering Trademarks Cease and Desist Trademark Registration 52

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 1 Imagine you’ve been using your business name, logo, or slogan for several years, building a good base of local customers. You make moves to expand your market, and suddenly you get a cease-and-desist letter from another business that has better rights to the trademark.

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Branding Brands Branding Registration 40

Technology & Marketing Law Blog

MARCH 6, 2022

Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Ozimals. * 17 USC 512(f) Claim Against “Twilight” Studio Survives Motion to Dismiss–Smith v. UMG. * Copyright Takedown Notice Isn’t Actionable Unless There’s an Actual Takedown–Amaretto v.

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Fair Use Cease and Desist Copying Copyright Infringement 111

Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”). Monster is seeking damages for trademark infringement arising under 15 U.S.C.

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Cease and Desist Trademark Branding Brands 52

IP and Legal Filings

OCTOBER 18, 2024

Infosys Limited obtained many registrations for the mark in various classes, the first being in 1987, and the company has been operating its website, wwww.Infosys.com, since 1992. Defendant arguments The defendant argued that Infosys had previously issued a cease and desist notice on 27/04/2024 but failed to complete it.

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Trademark Cease and Desist Branding Brands 104

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

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. This is a messy case with complex facts. Start with my prior blog post.

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Cease and Desist Fair Use Copyright Blogging 122

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

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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Trademark Cease and Desist Registration Patent Application 52