News & Analysis as of

Cease and Desist

Going “Medieval” on Trademark Enforcement

by Bowditch & Dewey on

Who says trademark disputes can’t be fun? Well, plenty of people, but that’s beside the point. Anheuser Busch InBev recently showed that a serious legal message can be delivered in a humorous form....more

SEC's Recent Order Narrows the Path for "Utility Tokens"

by Slim Ventures LLC on

The following summarizes the recent Order by the U.S. Securities and Exchange Commission requiring that a “utility token” issued in an Initial Coin Offering (ICO) carry an expectation of use, not an expectation of profits, in...more

To Cease and Desist Letters—Dilly Dilly

Taking a unique spin on a standard legal document, Bud Light recently sent a medieval town crier to deliver a cease and desist letter to Modist, a Minnesota brewery....more

SEC Chairman Issues Major Statement on Cryptocurrency and ICOs

by Dechert LLP on

On December 11, 2017, SEC Chairman Clayton issued an important public statement outlining his views on cryptocurrencies and ICOs. In his statement, Chairman Clayton provided a clearer view of the SEC’s stance and offered the...more

SEC Shuts Down Initial Coin Offering Using Blockchain for Failure to File Securities Registration Statement

by Hinshaw & Culbertson LLP on

On December 11, 2017, the SEC instituted cease-and-desist proceedings against Munchee Inc., the creator of an iPhone application that allows users to review restaurant meals, with regard to Munchee's planned initial coin...more

SEC Issues Cease and Desist Order and Further Guidance on ICOs

by Goodwin on

On December 11, 2017, the U.S. Securities and Exchange Commission (SEC) issued a cease-and-desist order to Munchee Inc. (Munchee), a company that was in the process of a $15 million initial coin offering (ICO), for selling...more

Move Aside EPA, The SEC Is Now Regulating Ecosystems!

by Allen Matkins on

I don’t hear many securities lawyers talking about “ecosystems”. Indeed, I think of the word as being more the province of environmental lawyers. The word itself is an amalgamation of two Greek words – ?????, meaning house,...more

Trademark Enforcement in the Social Media Age

Attorneys in general, and trademark attorneys in particular, have a reputation for heavy handedness. The traditional weapon of choice for these legal pugilist has been, and continues to be, ye olde cease and desist letter. A...more

Is it Pretty? Will H&M Assert a “Classixx” Ornamental Defense to Claims of Trademark Infringement?

by Knobbe Martens on

On October 19, 2017 Hush Hush Sound Inc, Michael David, and Tyler Blake (collectively “Plaintiffs”) also known as the Electronic dance music duo “Classixx” filed suit in the District Court for the Central District of...more

CAS Legal Mailbag Question of the Week – October, 2017 #5

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Last week, I was watching YouTube, and I saw this great speech by some admiral about how making one’s bed every morning is the key to success. I was quite inspired, and I thought that the teachers at...more

Social Links: Russia’s threat to block Facebook; Google’s publisher-friendly move; a cease-and-desist letter worth emulating

As part of a new tracking system, the Department of Homeland Security will be keeping records of immigrants’ social media handles and search results. Russia to Facebook: Turn over user-information or risk being blocked....more

China's New Cybersecurity Law Brings Enforcement Crackdown

by Jones Day on

The Situation: Earlier this year, the People's Republic of China enacted its Cybersecurity Law, which granted authorities broad, explicit powers to monitor and investigate activities falling under its purview, along with the...more

Former Rutgers Player Sues Alma Mater Over Nickname

by Winthrop & Weinstine, P.A. on

Moving along from Steve’s post on our alma mater of the University of Iowa, a former Rutgers football player has a more negative view of his former school. A few years ago, the Rutgers football program started allowing...more

Data Scraping, Bots and First Amendment Rights

by Patrick Law Group, LLC on

A recent case involving a small workforce analytics startup fighting for its right to extract data from the largest professional networking site on the Internet may set a precedent for applying constitutional principles to...more

LinkedIn Files Opening Brief with Ninth Circuit in Closely-Watched Data Scraping Dispute with hiQ

In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the...more

The Telia FCPA Resolution: Part V-Lessons Learned

by Thomas Fox on

Today, lessons learned. Over the past several blog posts, I have taken a deep dive into the Telia Company AB (Telia) Foreign Corrupt Practices Act (FCPA) enforcement action. Anytime you have new No. 1 in the all-time FCPA...more

Sued for Retweeting – Yes, That Just Happened

by Dorsey & Whitney LLP on

On Monday this week, a sports psychologist named Keith Bell sued King’s College in Pennsylvania and its football coach, Jeffery Knarr, for retweeting a photo of a page of Dr. Bell’s book “Winning Isn’t Normal.” In his...more

Intentional Data Destruction Gets Default Judgment in OmniGen Research v. Wang

by Zapproved LLC on

OmniGen Research v. Wang, No. 6:16-cv-00268-MC, 2017 U.S. Dist. LEXIS 78107 (D. Or. May 23, 2017). Relying on the Federal Rules of Civil Procedure and its inherent authority, a court recently imposed the extraordinary remedy...more

District Court Issues Injunction in hiQ v. LinkedIn Scraping Case

On August 14, 2017, the U.S. District Court for the Northern District of California issued a preliminary injunction that prohibits LinkedIn from implementing legal or technological restrictions on hiQ's access, copying, and...more

Object Lesson on How Not to Respond to Consent and Enforcement Actions

by Sullivan & Worcester on

Last week, the DFS announced an enforcement action and charges against the NY Branch of Habib Bank, a Pakistani bank that had been doing business in NY for almost 40 years....more

ITC Denies Emergency Petitions on Relief from Exclusion Order

by McDermott Will & Emery on

The US International Trade Commission (ITC) denied respondent’s emergency petitions to modify, suspend or rescind the ITC’s limited exclusion order and cease-and-desist order pending appeal of the Patent Trial and Appeal...more

A Green Light for Screen Scraping? Proceed With Caution…

by Proskauer Rose LLP on

Court Issues Injunction Barring Blocking of Scraping and Holds CFAA Likely Doesn’t Apply - Websites make information available to clients, users, customers and subscribers. Data aggregators, investors, competitors and...more

Three Point Shot - August 2017

by Proskauer Rose LLP on

Eastern District Heavyweight Bout Ends in Stunning Trademark Technical Knockout - Floyd Mayweather and Connor McGregor's late-August 2017 matchup may be the most highly anticipated boxing event in decades. But while "The...more

The Grinch that stole fair use?

by Thompson Coburn LLP on

Since the Supreme Court’s 1994 Campbell v. Acuff-Rose Music landmark decision, courts have expanded fair use protection. While not a license to take liberally from another work, the fair use test has often tilted in favor of...more

Patent Owner Must Be Subject to Personal Jurisdiction for Declaratory Judgment

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit agreed with a district court that it lacked personal jurisdiction over a patent owner/declaratory judgment defendant where the defendant’s only contacts with the forum were the...more

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