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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Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.

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Trademark Copyright Cease and Desist Copying 279

IP Watchdog

JANUARY 13, 2023

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 (..)

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Cease and Desist Copyright Infringement Trademark Copyright 111

Erik K Pelton

DECEMBER 9, 2022

With the FIFA 2022 World Cup in full swing, it is a great time to review the “playing field” for trademark protection. Goalie – The ultimate protector and backstop: Trademark Registration. The post The Trademark Protection Playing Field appeared first on Erik M Pelton & Associates, PLLC.

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Cease and Desist Trademark Registration Brands 147

JD Supra Law

JANUARY 9, 2024

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.

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Cease and Desist Branding Branding Brands 73

IP Watchdog

APRIL 10, 2023

Just days after a complaint was filed against restaurant chain Sweetgreen by Chipotle Mexican Grill for trademark infringement, dilution, and deceptive business practices, Sweetgreen has changed the name of its offending product in order to reach possible settlement.

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Cease and Desist Trademark Registering Trademarks Settlement 126

Erik K Pelton

AUGUST 6, 2024

The following is an edited transcript of my book video Building a Bold Brand Chapter 6: Why Apply to Register Trademark registration with the USPTO has tremendous value. A trademark registration is a tangible asset that can be assigned, licensed, or used as collateral in the sale of a business.

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Trademark Cease and Desist Registering Trademarks Registration 130

Indiana Intellectual Property Law

FEBRUARY 21, 2025

The lawsuit accuses the Baileys of trademark infringement , deceptive trade practices , and breaching their franchise agreement with RestoPros. Despite multiple cease-and-desist requests, the Defendants reportedly ignored RestoPros attempts to settle the matter outside of court. and its owners, Dale L. Bailey and Brandy M.

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Cease and Desist Trademark Registering Trademarks Confidentiality 52

JD Supra Law

JULY 14, 2021

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.

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Cease and Desist Intellectual Property Business Trademark 62

Indiana Intellectual Property Law

JANUARY 6, 2025

The company claims these products failed to meet their quality standards and did not include the official warranty, thereby violating trademark laws under the Lanham Act and constituting unfair competition. Despite receiving cease-and-desist letters, the defendants reportedly continued to sell non-genuine products.

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Cease and Desist Brands Branding Branding 52

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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Cease and Desist Trademark Television Intellectual Property 116

TorrentFreak

DECEMBER 9, 2024

That includes entities that attempt to use DMCA takedown notices to enforce trademark disputes, or prefer to avoid the DMCA altogether by portraying copyright complaints as something more serious. While that would be convenient, it’s impossible to send a valid DMCA takedown notice for alleged trademark infringement.

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Cease and Desist Reporting Social Media Trademark 103

Traverse Legal Blog

JULY 14, 2022

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. Were you using your trademark before the alleged infringer?

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Cease and Desist Trademark Litigation Intellectual Property 98

Olartemoure Blog

FEBRUARY 10, 2024

THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”. Since then, it has made a conscious effort to enforce this trademark. Even small businesses that have used “Super Bowl” to advertise watch-parties, have received cease and desist letters from NFL lawyers. Our Experts María A.

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Cease and Desist Trademark Advertising Advertising 105

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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Cease and Desist IP Trademark Registration 52

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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Cease and Desist Litigation IP Trademark 52

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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Cease and Desist Trademark Registering Trademarks Business 105

Erik K Pelton

MARCH 9, 2021

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. Second, there’s the cost of time.

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Cease and Desist Trademark Social Media Brands 130

Erik K Pelton

JANUARY 19, 2021

The following is an edited transcript of my video, Why Apply to Register Your Trademark. There are several key benefits to trademark registration. It makes for a more compelling cease and desist letter. Having the registration also makes it easier to deal with any possible infringers.

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Registration Cease and Desist Trademark Editing 130

Erik K Pelton

NOVEMBER 29, 2021

The following is an edited transcript of my video, The Trademark Protection Decathlon. The Summer Olympics got me thinking about what it would take for a decathlon of trademark protection: to be well-rounded and ensure that a brand, a trademark, has covered all the angles and excels at everything. Choose a creative name.

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Trademark Cease and Desist Brands Branding 147

Erik K Pelton

APRIL 25, 2022

The following is an edited transcript of my video Even Trademark Lawyers Make Branding Mistakes. Believe it or not, even trademark lawyers can make branding–or maybe even trademark mistakes–from time to time. I would find myself having to explain it sometimes and just never really caught hold.

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Brands Branding Branding Trademark 147

IP Blog

JUNE 11, 2021

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?".

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Cease and Desist Intellectual Property IP Patent Law 52

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. Registered trademarks appear in the USPTO’s online database, the first place most companies and trademark lawyers look when. trademark can even be assigned a dollar value.

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Business Cease and Desist Trademark Registering Trademarks 130

Nelligan Law

NOVEMBER 28, 2022

You have conducted your own market research and you are not aware of anyone else using this trademark. Your product is a huge success and customers recognize your trademark. One morning you open your email and there is a scary “Cease and Desist” letter in your inbox. Fast forward 2-3 years. Get in touch with us today.

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Cease and Desist Trademark Marketing Marketing 98

JD Supra Law

FEBRUARY 26, 2024

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

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Cease and Desist Intellectual Property Confidentiality Registration 70

Kashishipr

MAY 4, 2022

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.

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Social Media Trademark Cease and Desist Registering Trademarks 105

Erik K Pelton

NOVEMBER 3, 2020

I am particularly sensitive to the trademark challenges that small businesses face for several reasons. Pelton & Associates, to advise and counsel others about trademark protection. 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!

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Business Trademark Cease and Desist Branding 130

Plagiarism Today

SEPTEMBER 2, 2022

However, before the event happened, Paramount learned of the event and sent a cease and desist letter to JMC requesting that they cease the event. According to the filing, in February 2021, as the second film was preparing to be released, JMC announced that it would host a “McDowell’s” themed pop up in April.

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Copyright Cease and Desist Copyright Infringement Fair Use 279

SpicyIP

OCTOBER 27, 2024

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.

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Trademark Copyright Cease and Desist Registration 103

IP and Legal Filings

NOVEMBER 11, 2021

Generic Trademarks: An Introduction. A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Primarily, trademarks perform four functions. Firstly, trademarks help distinguish one product from another in the market.

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Trademark Cease and Desist Brands Branding 98

IP Law 360

JANUARY 5, 2023

The holder of the trademark on Puff Labs Stix nicotine vapes is suing rivals in California federal court claiming they are infringing on its Puff brand marks and confusing consumers, adding that the competitors have sent it meritless cease-and-desist letters.

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Cease and Desist Brands Branding Branding 75

Technology & Marketing Law Blog

FEBRUARY 27, 2022

On January 9th, American Airlines sent TPG a cease-and-desist letter. Of course, Facebook objected and sent a cease-and-desist letter. That language implied that revocation-by-cease-and-desist letter was no longer sufficient to trigger CFAA liability. Trademark infringement 6. Breach of Contract 2.

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SpicyIP

NOVEMBER 18, 2024

Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. The Court noted the expiration of the license and the respondents’ registered trademark rights.

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Trademark Cease and Desist Music Copyright 105

IP Law 360

AUGUST 26, 2022

A California e-liquid company and another firm settled claims over the use of "BOLT," including claims about a cease-and-desist warning sent to a distributor.

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IP and Legal Filings

OCTOBER 18, 2024

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.

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Trademark Cease and Desist Brands Branding 104

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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Brands Branding Branding Cease and Desist 113

Kashishipr

OCTOBER 6, 2021

The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. Part of this research includes performing a Trademark Clearance Search. Elements of Trademark Clearance. There is a wide range of places to search when it comes to trademark clearance.

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Business Trademark Cease and Desist Registration 105