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[These are my rough-draft talk notes from a recent workshop of trademark law professors.] As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value).
TTABlog Tip: a good way to get rid of bogus affirmative defenses right off the bat is to ask for Board participation in the discovery/settlement conference, whereby the Board participant will review the pleadings and, in my experience, knock out unbaked affirmative defenses. Text Copyright John L. Welch 2024.
Well for starters, attention to dark patterns has migrated from workshops, speeches and press releases to complaints and a consent order. In the recent $100 million FTC settlement with Vonage, the consent order specifically prohibited the use of dark patterns to frustrate cancellation efforts. Why do we say that?
Nevertheless, awareness about dispute settlement strategies can minimise the economic and legal costs of ignoring IPR law. Neglect of IPR law can lead to unintentional infringement, resulting in costly legal disputes.
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