Role of Cease & Desist Letter in Trademark Infringement

Trademark Infringement is a serious matter that often disturbs the functionality and ambiance of the Intellectual Property (IP) industry. Hence, one should address this issue as soon as it gets discovered. In the present era, on one side, companies or individuals who infringe trademarks do not comprehend the legal implications of cloning or using a mark without their owners’ consent, and on the other side, owners themselves are unaware of the procedure of stopping others from exercising these unlawful acts. These are the two main reasons why the number of trademark infringement cases is increasing day by day. Intended to provide you with a complete insight into the first step one should take to stop trademark infringement, i.e., Cease & Desist Letter, this article will be beneficial for you to evade legal concerns and expenses related to bringing formal proceedings for IP infringement.

What is a Cease & Desist Letter?

It refers to a legal document provided to an infringer who can be an individual or the entire business to cease the act of infringing on the original owners’ IP. It also asks the offending party to correct or compensate damages resulted due to the infringement. The letter serves to point out and end up the wrongdoing, which would be copying or using a trademark unlawfully on the part of a person or entity with legal justification. In short, it is a document that may help you to prevent the offender from continuing to violate your mark without facing unnecessary delays or costs associated with taking lawful actions.

Note that the cease & desist is applicable not just to trademark infringement; instead, it is also valuable in cases of defamation, harassment, or several other forms of IP issues. For instance, Patent Infringement, Copyright Infringement, and more.

Is a Cease & Desist Letter Legitimately Binding?

No, this letter is not legitimately binding. It just outlines the opinions and requests of a person, usually an IP Attorney or trademark solicitor representing the aggrieved individual or party. The letter doesn’t indicate even the court action that can be the next step if the offender fails (intentionally or unintentionally) to respond to the owner, i.e., the sender of the letter as he/she intended.

How to Write and Use a Cease & Desist Letter in Trademark Infringement Case?

By writing and sending a cease and desist letter in a precise way, the trademark owner can do the following:

·         Preserve Intellectual Property Rights (IPRs)

·         Set a precedent for future enforcement

·         Avoid costly legal actions

Now, when you are aware of what a cease and desist letter can help you with, let’s see how to write it.

Identify the infringement: First of all, investigate if it is a case of trademark infringement or any other IP issue. Trademark infringement happens if someone is selling or advertising products or services by using a mark, which is either the same or similar to your trademark.

Do the Research Work: Carry out searches to learn more about infringement and infringer behind it. Try to determine the intention of the offender. It will help you in understanding whether the infringing on your IP is accidental or on purpose, and thus, responding appropriately.

Consult to An IP Lawyer: While you can write and send the letter yourself, it’s in your interest to proceed under the assistance of an experienced attorney. He/she can help you in including all the facts, claims, and demands in the letter in a clear, legal, and understandable manner.

As a trademark owner, you can write and send this letter at any time, but starting the process right at the moment you notice infringement always sounds the best. It will help you to enforce your ownership rights efficiently and often prove enough to stop the offender. Nevertheless, to get the expected response from the receiver of the letter and authorities in case of legal actions (if needed), you must provide it with all the details of your trademark. For instance, your trademarked name or logo, the date when you filed a Trademark Application, and even the date on which you found that someone is unfairly using or copying it, everything should be included in the letter. You should also introduce all the proof pointing towards infringement to reinforce your case. At last, it is imperative to incorporate a section reflecting what the offender can do to rectify the situation.

Bottom Line

By providing the option to ask infringers to stop infringing on others’ IP, cease and desist letter acts as one of the most polite ways to prohibit the continuation of infringement issues. It helps both the parties to settle down the matter without wasting their valuable time and money in bringing up expensive legal proceedings. Hence, if anyone is making profits by using your trademark or any other IP without your consent, you should prefer resolving the case by writing and sending a polite letter to him/her. Sometimes, a stern demand to cease using or copying your mark may not work, whereas a formal letter can. Hopefully, this article has cleared almost every doubt you have regarding this legal letter. However, if you still have any concerns, it is advisable to contact a Trademark Law Firm or IP lawyer as these are the knowledgeable helping hands who can serve you with whatever assistance you want. For view source: https://www.kashishipr.com/blog/role-of-cease-desist-letter-in-trademark-infringement/

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Metro Shoes files a case in Bombay HC against Flipkart

Recently, Metro Shoes filed a trademark infringement case against Flipkart alleging that the defendant is retailing products under a brand recognized as ‘Metronaut’ which is similar to the eponymous brand name of Metro. The complainant added that by using the same brand name, the e-commerce company is selling several products, including shoes.

Lawyer Piyush Shah, appearing for Metro explained that the practice of selling under Metronaut, a brand similar to that of Metro reveals a case of trademark infringement against Flipkart.

Flipkart spokesperson emailed a response stating that the e-commerce firm was not familiar with any kind of legal proceeding in this regard. If they are informed via a notice by any judicial authority or court, they will definitely take the necessary measures that will prove best in the company’s interests.

There are many products that Flipkart sells under the name ‘Metronaut’, some of them are as follows:

• Men fashion wear and accessories that was launched late last year
• Denims, shoes, t-shirts, and shirts
• Accessories encompassing wallets, sunglasses, and belts.

Besides operating near about 200 outlets in and around 100 cities, Metro retails the products through numerous multi-brand stores. For view source: https://www.kashishipr.com/blog/metro-shoes-files-a-case-in-bombay-hc-against-flipkart/

5 Coffee Varieties of India Achieve GI Tag

5 coffee varieties that are being grown in India made their place amongst the Geographical Indication (GI) tag achievers. It is expected that this step will make the producers happy by helping them to earn the maximum cost for their ace produce. The coffee varieties that were awarded GI tag by the Department for Promotion of Industry and Internal Trade, underneath the Ministry of Commerce and Industry include:

• Coorg Arabica from Karnataka,
• Wayanad, Robusta from Kerala,
• Chikmagalur Arabica from Karnataka,
• Araku Valley Arabica from Andhra Pradesh,
• Bababudangiris Arabica from Karnataka

Around 3.66 lakh farmers (out of whom 98% are small farmers) in India are occupied in the profession of cultivating coffee over near about 4.54-hectare area.

Southern regions of India including states such as Tamil Nadu (8 per cent), Kerala (19 per cent), and Karnataka (54 per cent) are the major producers of the total coffee produced in the nation. Apart from these areas, non-traditional zones of India encapsulating Orissa, Andhra Pradesh, and many other north-east states participate in coffee cultivation.

Out of so many countries in the world, India is the only nation where the growers utilize natural processes to produce and cultivate coffee like growing in shade, plucking manually through hands, and drying in sunlight. The Western and Eastern Ghats are recognized as the significant bio-diversity hotspots worldwide and tribal farmers in these regions are famous for generating the top-quality coffee globally. Indian coffee is not just highly-valued by the whole world but also purchased as the premium product in European countries.

The ministry in its statement explained that the tribal growers of Araku coffee use an organic approach where they emphasize utilizing green or organic manures and organic pest controlling and eradicating practices. It also revealed that Bababudangiris Arabica coffee is obtained using a hand-picked method and managed via natural fermentation.

In addition, the ministry of India said that the GI certification brings recognition and protection that enable the producers to invest in growing the quality coffee in that specific region. It will benefit the growers with the opportunity to acquire the maximum revenue for their premium coffee by increasing the visibility of the coffee amongst the purchasers all over the world.

What is Geographical Indication?

A Geographical Indication (GI) indicates a sign or name deployed on natural, agricultural, manufactured commodities such as handicrafts, industrial goods, or other products that originate from a particular geographical location. GI tag functions as an assurance of quality and uniqueness of the products that develop the producers’ confidence to command genuine price for their premium coffee in both the markets – domestic and international.

Besides coffee, many other products achieved the GI tag in India, for example – Kangra Paintings, Nagpur Orange,Tirupathi Laddu, Kashmir Pashmina, and Darjeeling Tea.

T.C. James, President of NIPO (National Intellectual Property Organisation) announced that GI authorization is just like a protection shield that prevents other unauthorized producers from misusing the identity to market similar valuables. It even serves the customers with comfort and satisfaction regarding the products’ authenticity. Besides this, he added that assets with GI tag always get the premium price in the markets.

GI award distribution will encourage the farmers to put more effort and produce better quality coffee. This, in turn, will result in increased production, sales, and overall development of the nation’s economy. For view source: https://www.kashishipr.com/blog/5-coffee-varieties-of-india-achieve-gi-tag/

Ariana Grande Sued for Posting her Paparazzi Photos without Permission on Instagram

Ariana Grande, an American singer, songwriter, and actress are being sued by a New York-based paparazzi photographer, Robert Barbera, for copyright infringement. In the documents filed at the U.S. District Court for the Southern District of New York, the professional photographer, Robert has claimed that the singer has posted the pictures which he had taken to her Instagram account without licensing.
Although the Instagram post under consideration has been deleted, still it was disclosed in the court documents as the screenshot of the photo was provided as evidence to the court. The actor had posted two photos on her Instagram account this summer to promote the release of her “Sweetener” album without the consent and authorization of Robert.
The Lawsuit has stated that “Barbera is the author of the photographs and has at all times been the sole owner of all right, title and interest in and to the photographs, including the copyright thereto.” The court has also admitted that Grande has infringed Barbera’s copyright in the photographs by publicly displaying the pictures on her Instagram account without any license.
Kim Kardashian West, Jennifer Lopez, 50 Cent, and Jessica Simpson are among the several other celebrities who have also been affected and accused in recent times for violating the copyright law by posting unauthorized pictures of themselves on various social media platforms.
The plaintiff is now seeking for a monetary sum corresponding to the copyright infringement by demanding either $25,000 for each picture or the profits generated as a result of posting the pictures among her 154+ million followers on Instagram. For more visit: http://kashishipr.com/ For view-source: https://www.kashishipr.com/blog/ariana-grande-sued-by-photographer-for-posting-pictures-of-herself/

Embedded Instagram Post of Justin Bieber is at the Prime Focus of a New Copyright Case

Recently, a photo of Justin Bieber who is a Canadian singer and songwriter has been caught at the prime focus of a new lawsuit that nearly reflects one involving a photo of Tom Brady. Robert Barbera, a New York-based paparazzi photographer, has filed a lawsuit against CBS, an American mass media corporation by claiming that the prominent media giant has violated his copyrights in a photo of Justin Bieber. According to Robert, CBS had reproduced and presented the photo in an article displaying the “most liked Instagram pics” without any legal license or permission of the photographer.

CBS, being a daily pop culture site, had not taken a screenshot of the Instagram post focusing attention on Justin Bieber and Rich Wilkerson to publish it as a part of their article but had instead embedded the Instagram post of Bieber as a part of the article.  As of now, the courts have primarily approved of it as in this case, CBS had only embedded a photo in its article without actually developing a replica of the image due to which there is not any new display of the photo which could lead to copy infringement on the part of CBS. For more Visit: http://kashishipr.com/ For view-source: https://kashishipr.com/blog/embedded-instagram-post-of-justin-bieber-is-at-the-prime-focus-of-a-new-copyright-case/

Louis Vuitton takes on Belle International over Copycat Sneakers

Louis Vuitton, a France fashion house and luxury retail company, is suing two Belle International (women’s shoe retailer in China) subsidiaries for infringement in connection with its Archlight sneakers.

According to the Louis Vuitton’s complaint filed in an intellectual property high court in Hong Kong, Belle International (China) and Best Able Footwear – both subsidiaries of Chinese footwear giant Belle International are selling a footwear that strongly replicates noteworthy attributes and features of its spring’18 style which has adversely affected the brand’s business and reputation.

The brand’s Archlight sneakers retail for $1,090 and have always been a celebrity favorite since the time they were first launched by maintaining a distinctive reputation and goodwill.

Formerly listed in Hong Kong, Belle International considers itself as China’s largest footwear retailer and owns many shoe brands consisting of Joyce and Peace, Staccato, and Mirabell, to name a few, predominantly targeting the women’s market.

According to the reports of SCMP, Belle International began selling its alleged lookalike style in July, 2018. The fashion label, Louis Vuitton, is now asking the court to immediately and permanently bar Belle International and Best Wear Footwear from selling the products in question, and for the remaining merchandise to be handed over or destroyed. The brand is also seeking an unspecified sum of damages to be determined at trial.

According to the judiciary website, a trial date is yet to be scheduled. More Visit: http://kashishipr.com View Source: http://kashishipr.com/blog/louis-vuitton-takes-on-belle-international-over-copycat-sneakers/

Victoria’s Secret’s recent message to rising rival by means of Trademark Applications

Victoria’s Secret, an American retailer of women’s lingerie, throws shade at its budding rival ThirdLove, an online Lingerie startup by filing an application for trademark registration at the US Patent and Trade Office (USPTO). Whilst ThirdLove might be disrupting the business on women’s lingerie, Victoria’s Secret still considers itself as consumers “first love”.

Although, the global lingerie giant Victoria’s Secret has definitely succeeded in obtaining rights for its beauty products, it couldn’t trademark the phrase “first love” for its clothing as according to the USPTO, “Victoria’s Secret First Love” is somewhat identical and similar to “First Love”, an already registered trademark belonging to A New York garment manufacturer.

Victoria’s Secret continues to stay the market leader and the queen of lingerie so far however; its sales are now suffering, and it has lost around 3.8 million customers over the past two years due to which, it is no surprise that the company has officially announced the closure of 53 underperforming Victoria’s Secret stores as opposed to its annual average of 15. In contrast, ThirdLove has recently become prevalent among women and its “Fit Finder Tool” used to determine the bra size is successfully running online on its official website. The bra and underwear upstart, ThirdLove is also generating an annual revenue of $100 million as its all- inclusive lingerie niche features diverse models of all body shapes and sells 78 sizes of bra.

In a controversial interview, the chief marketing officer at Victoria’s Secret, Ed Razek gave a hint about the trademark applications and even poked ThirdLove by saying, “We’re nobody’s third love, we’re their first love.” Zac, the retailer of ThirdLove, refused to comment on the queries corresponding to the oppositions raised against Victoria’s Secret application for trademark registration of the phrase“First Love”. However, he referred to their open letter from The New York Times which in one part mentioned, “Your show may be a “fantasy” but we live in reality”.

On the entire scenario,trademark attorney Josh Gaben stated that “The whole Victoria’s Secret’s First Love quest is a befuddling strategy.”

Victoria’s Secret now has a time period till June 2019 to file proof that it is selling the goods listed in its application in support of the trademark application. More Visit: http://kashishipr.com/ View Source:

http://kashishipr.com/blog/victorias-secrets-recent-message-to-rising-rival-by-means-of-trademark-applications/