Cease and Desist Orders

Nutty News: Dear Biggest Fan, Here’s a Cease-and-Desist Letter

You have to be one big fan of a company or product to establish a World {What-You-Cannot-Live-Without} Day. Well, a sticky situation with the well-known hazelnut spread Nutella may have you rethinking your public affection....more

Courts To Rule On Wind Issues

Seventeen neighbors of the Consumers Energy Lake Wind Energy Park have filed a complaint in Mason County claiming the wind farm has negatively impacted property values and caused sleep disruption, headaches, ringing ears,...more

Prince, the DMCA, and Copyright Bullying

Minneapolis’ own hometown hero Prince Rogers Nelson, formerly and currently known simply as “Prince,” has been in the news quite often in 2013. It began with his surprise, limited ticket performances in January, which he...more

Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Plaintiffs' Attorneys, Rest Easy: Cease and Desist Letters Likely Aren't Defamatory

Non-compete disputes often follow a similar pattern. And part of that pattern involves the dreaded "cease-and-desist" letter. These letters are precursors to litigation, and they can be either effective or damaging,...more

POM Appeals FTC Final Order Regarding Deceptive Claims

As we previously reported, on May 17, 2012, an FTC Administrative Law Judge (“ALJ”) held in an Initial Decision that POM Wonderful LLC’s (“POM“) claims that its products can treat, prevent, or reduce the risk of heart...more

WINTER . . . I MEAN PRINTER . . . IS COMING: Game of Thrones Alleges Copyright Infringement by 3D Printer IPhone Dock

The inner twelve-year old boy in me doesn’t know which is cooler: the throne made entirely from swords for HBO’s Game of Thrones series, or the fact that 3D printer technology can now replicate that throne in my home at the...more

D.C. Circuit Forces Banking Regulators To Revisit Order Barring Bank Director From Bank Activities

On January 29, the U.S. Court of Appeals for the D.C. Circuit held that the OCC and the Federal Reserve Board (FRB) improperly prohibited a bank director from participating in future banking activities of several institutions...more

Patent Owners Cannot Be Forced to Litigate in a Forum Merely for Sending a Cease and Desist Letter and Attempting to Commercialize...

Recently, patent owners have become increasingly wary of sending cease and desist letters for fear of being preemptively sued by potential infringers due to recent court decisions lowering the bar for bringing such cases. In...more