News & Analysis as of

Cease and Desist

Farella Braun + Martel LLP

Careful What You Wish For: Demand Letters Can Result in Unintended Litigation

When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring the target to “immediately cease and desist” its use of the IP and threatening...more

WilmerHale

SEC Takes Action Against Keurig for Allegedly Incomplete Disclosures Regarding Recyclability of K-Cups

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While the Securities and Exchange Commission’s (SEC) new climate-related disclosure rules remain stayed, the SEC has not abandoned its focus on sustainability-related issues. On September 10, 2024, the SEC charged Keurig Dr...more

Knobbe Martens

Of Broccolini and Branding: Don't Let Your Trademark Wilt

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Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking...more

Arnall Golden Gregory LLP

The Pitch - August 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – August 2024: Where, What, and How – Trademarks & the Olympic Games (Part 3)

Part 3: HOW - The 2024 Summer Olympic Games have ended, the 2024 Summer Paralympic Games have begun, and this article brings to a close our three-part series on Trademarks & the Olympic Games. In June, we reviewed from where...more

BCLP

ICAHN Settles With SEC for Failures to Disclose Key Details of Margin Loan Stock Pledges - Teaching Moment for Directors and...

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On August, 19, 2024, the SEC announced settled charges against Carl C. Icahn and his publicly traded company, Icahn Enterprises L.P. (IEP), for failing to disclose information relating to Icahn’s pledges of IEP securities –...more

Orrick, Herrington & Sutcliffe LLP

SEC charges communications company with accounting control failure

On June 18, the SEC issued a cease-and-desist order (order) against a Delaware-based business communication and marketing service provider (respondent) to settle allegations of cybersecurity controls violations related to a...more

Hendershot Cowart P.C.

Using Cease-And-Desist Letters To Stop Copyright Or Trademark Infringement

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Cease-and-desist letters, often referred to as demand letters, are a valuable tool in defending your intellectual property rights, including copyrights and trademarks. Cease-And-Desist Letters For Copyright Or Trademark...more

NAVEX

Sanctions are the “New” FCPA – How this Era of Enforcement Shapes Third-Party Risk Management

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In the summer of 2022, Deputy Attorney General Lisa Monaco – a veteran prosecutor and currently number two at the helm of the U.S. Department of Justice (DOJ) – began to describe the enforcement of sanctions regulations as...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — FCC Takes Action Against Alliant, Deems Repeat Robocaller Group as...

Federal Communications Commission Finishes Its “Spring Cleaning” Initiative, Taking Action Against Alliant - The Federal Communications Commission’s (Commission) Enforcement Bureau (Bureau) took its third and final...more

Mandelbaum Barrett PC

Spicy Saga of Chili Crunch Trademark Rights

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In a heated twist on intellectual property debates, the Chili Crunch controversy has simmered into the spotlight, showcasing the spicy interplay between legal battles and brand image in the culinary world. In a revealing...more

AEON Law

Patent Poetry: Chinese Court Issues First Decision on AI Copyright Infringement

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The Guangzhou Internet Court issued the first ruling involving the liability of generative artificial intelligence (GAI) companies for copyright infringement. China has three internet courts in Beijing, Hangzhou, and...more

BakerHostetler

A Celebrity Used our Product! Can we Put that in Advertising?

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Marketers understandably get excited when a celebrity is spotted using their product. It’s validation of all their efforts! Unfortunately, just because a celebrity has used the product – even if they have publicly posted...more

Whitcomb Selinsky, PC

MHL Custom Wins Against Waydoo in Patent Lawsuit Over eFoil Design

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MHL Custom took legal action against Waydoo for allegedly infringing on two U.S. Patents related to a type of personal hydrofoil watercraft called an eFoil. Following a jury trial in March 2023, where certain patent claims...more

BakerHostetler

C&D or Straight to NAD? Some Thoughts on How to Weigh the Decision

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There are folks who track NAD stats with the same passion as following a beloved sports team. I am not one of those people. That said, I have noticed there seem to be an awful lot of cases of late where the advertiser...more

Womble Bond Dickinson

FCC Adopts Declaratory Ruling Confirming AI Voice Calls are Subject to TCPA, Takes Enforcement Action Against Provider Allegedly...

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On February 2, the FCC unanimously adopted a declaratory ruling, effective immediately, confirming the seemingly unremarkable conclusion that artificial intelligence (“AI”) generated messages or voice calls fall within the...more

K&L Gates LLP

SEC Enforcement Targets Anti-Whistleblower Practices in Financial Firm's Release Agreements With Retail Clients

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As the year gets underway, the Securities and Exchange Commission (SEC or Commission) is continuing its ongoing enforcement efforts to target anti-whistleblower practices by pursuing a broader range of entities and...more

Dorsey & Whitney LLP

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

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40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

Bennett Jones LLP

A New Test for Injunctions Against Defamation in British Columbia

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Yu v 16 Pet Food & Supplies Inc., 2023 BCCA 397 (16 Pet Food), establishes a new test for pre-trial injunctions against defamatory speech in British Columbia....more

Venable LLP

FTC Settles with Bankrupt Crypto Company, but Pursues CEO for Deceptive FDIC Claims

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The Federal Trade Commission (FTC) announced it has reached a settlement with the bankrupt crypto company Voyager over the company’s alleged deceptive crypto marketing practices. Specifically, the FTC’s complaint alleges that...more

WilmerHale

SEC Enforcement Reminds Filers that Beneficial Ownership Reporting Obligations Are Not Optional

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On September 27, 2023, the Securities and Exchange Commission’s Division of Enforcement announced settled charges against five publicly-traded companies and six individuals for failures to timely report information about the...more

Holland & Knight LLP

Florida Gaming Control Commission Turns a Critical Eye Toward Fantasy Sports Operators

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The Florida Gaming Control Commission (FGCC) has taken a significant step by issuing cease-and-desist letters to three online fantasy sports operators. Though this marks the FGCC's first action against the online fantasy...more

Latham & Watkins LLP

SEC Targets NFTs as Securities for the First Time

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In its first enforcement action involving NFTs, the SEC focused on issuer marketing that promised outsized returns on investment and platform building. On August 28, 2023, the Securities and Exchange Commission (SEC) issued a...more

ArentFox Schiff

Supreme Court Puts a Leash on Parody Defense in ‘BAD SPANIELS’ Trademark Infringement Case

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The US Supreme Court rejected First Amendment defenses raised by the maker of whiskey bottle-shaped dog chew toys branded BAD SPANIELS based on claims of trademark infringement and dilution of JACK DANIEL’S marks. ...more

Tucker Arensberg, P.C.

The Largely Unregulated Realm of Microblading in Pennsylvania: What Do Business Owners Need to Know?

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A new beauty trend known as “microblading” is becoming increasingly popular in all states, including Pennsylvania. Microblading is a form of semi-permanent makeup that involves tattooing eyebrow hairs to obtain desired...more

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