Bay Area News Group issues cease and desist to Occupied Oakland Tribune

It would be pretty easy to make up a parody name to use instead, and not directly infringe. Reminds me of a masterful fake newspaper put out in 1966 by Bill Scott, one of the creators of Bullwinkle. He angrily parodied the racist rightwing local Record-Ledger, putting out his own edition of The Wrecker Ledger, and delivering it to every house in our small town. The original RL headline was an incendiary warning that a Negro family had moved in. Bill’s headline was: “Redheaded Family moves into Sunland!” The facsimile was good enough that the real Record Ledger received some confused complaint calls.
Source: oaklandlocal.com

Video: FTC – Identity Theft.mp4

Sending a Cease and Desist Letter for Trademark Infringement

A cease and desist letter can be sent for a variety of different reasons on trademark issues. A cease and desist letter for trademark infringement is perhaps the most common. When do you want to send a trademark cease and desist letter? Well, the answer to that is much more complicated than you would think. Sometimes it makes sense to send the letter, but sometimes it does not. Sending a cease and desist letter for trademark infringement is going to potentially put the other side on notice that you have trademark problems. So, let’s say you don’t have a trademark registration. One of the issues that a good trademark attorney is going to want to take a look at is, well, should we get the trademark in the registration database at the USPTO (at the trademark office) before sending a cease and desist letter? If it turns out that a review of the client’s trademark rights shows that the trademark has a variety of different problems, either with the registration itself, with the first use in commerce date or because of other third party uses of the trademark, then, sometimes, the last thing you want to do is send a trademark cease and desist letter for infringement because, keep in mind, they’re going to analyze all these issues. They’re going to analyze your trademark rights in order to respond to that cease and desist letter. So, I have actually seen circumstances where our clients have received a cease and desist letter for trademark infringement by a complaining party. And when we analyzed that complaining party’s trademark, it turns out that our client was the first to use the trademark in commerce, but simply didn’t get it registered with the trademark office. Keep in mind, the party who is first in use, who was first in time, is going to have superior trademark rights, even if the other party has a registered trademark. So, first in time still wins. So, we will reverse that cease and desist letter for trademark infringement by noting that they are, in fact, infringing our client’s trademark. So, there are many things that you need to consider before just firing off a cease and desist letter for trademark infringement. You need to have a trademark attorney who understands trademark analyze your trademark and determine whether or not a cease and desist letter is appropriate, whether or not a notice letter is appropriate, and you need to understand what the goal is. Is your goal to have them cease and desist or is your goal to enter into some sort of joint use agreement, which allows both parties to continue to use the mark within certain limits? These are all really important items. People often say, “Well, can’t you just send a letter? Wouldn’t it keep my costs down as a client if you just go ahead and just send one of your boilerplate trademark infringement letters or just use a sample or template cease and desist letter.” That is something that a good trademark lawyer will never do because you could be creating problems for the client. You could be hurting the client if you do not analyze the strength of the trademark and the relative trademark rights up front before even considering a trademark cease and desist letter. I am Trademark Attorney Enrico Schaefer, that’s all for today. You’ve been listening to Trademark Law Radio. Whether you are facing a trademark infringement, licensing, monitoring or trademark registration issue, we have a trademark attorney ready to answer your questions.
Source: typepad.com

David Harrison Levi Cease and Desist Letter from Steven Escobar : Diversity News Magazine

Tags: charity scams, City of Beverly Hills, David Harrison Levi, David Harrison Levi Cease and Desist, Diversity News Magazine, Diversity News Publications, Diversity News Radio, diversity news tv, Elizabeth Taylor, Esteban Escobar, Esteban Steven Escobar, Felecia Scott, Hollywood promoter, Hollywood scams, LA Mission, Marine Toys for Tots, Marine Toys for Tots Foundation, Michael Jackson, Steven Escobar, Susan G. Komen, Toys for Tots
Source: diversitynewsmagazine.com

PSU sues over football rentals

The suit claims the use of PSU Football House Rentals infringes on the Penn State trademarks and causes confusion. The two companies are accused of using the Internet, including the website of the New York City chapter of the Penn State Alumni Association, to solicit homes to advertise for rent in the State College area during football season. One of the websites identified in the suit is PSUFootball HouseRentals.com.
Source: centredaily.com

Who Wants to Win an Actual Cease

Enter the Lucasfilm legal team, I guess, which bundled some of the offending press along with a thorough order to the Hong Kong-based company to discontinue its “lightsaber” gimmick. Not ones to let an opportunity pass them by, that bundle — including the FedEx envelope in which it arrived (and which occupied the same real estate as the man whose empire made this all possible! ZOMG! Or something) — has landed on eBay, where it has welcomed 40 bids to date with a current high of $355.
Source: movieline.com

Equestria Daily: Ponyarchive Recieves a Cease & Desist

A few hours ago someone from Ponyarchive sent us an email about a potential Cease and Desist on the site. After some digging, it does appear to be legit. Now before you all freak out, take this in stride. Their primary purpose was to host full downloads of the episodes. These are something Hasbro releases usually a day later on their iTunes page. The letter did include a request to take everything down (Including the Pinkie Pie image :p), but the actual torrents and Multi-upload links may have been the main reasoning behind it. As more information on the extent of this pops up, we will continue to report on it. For now though, it looks like iTunes is the best place to get the actual episode files without running into legal issues. They did actually fix the color fading for season two, so it really isn’t a bad alternative, and a good way to support the show for those of you that aren’t into the toys / don’t have The Hub. Note: People from Ponyarchive have stated that they will not be taking the site down.
Source: equestriadaily.com

Adventures in Copyright: Derek Lam Sends Cease

Executive Editor: Leah Chernikoff Features & Beauty Editor: Cheryl Wischhover Fashion News Editor: Hayley Phelan Associate Editor: Dhani Mau Contributors: Steff Yotka, Alice Pfeiffer, Ashley Jahncke, John Ortved, Chris Benz, Zandile Blay, John Jannuzzi, Sally Lyndley, Elana Fishman, Hayley Phelan, Sarah Ferguson, Mickie Meinhardt, Natalie Matthews, Misty White Sidell, Alaina Hernandez, Amanda Enowitz, Natalie Yost, Caitlin Monaghan, Dana Kruspe, Modesta Dziautaite, Elysia Mann, Fawnia Soo Hoo, Nora Crotty, Jennifer Chan, Jihan Forbes
Source: fashionista.com

Tags: bay area news, cease and desist letter, client, Trademark, trademark infringement

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