Posts Tagged: "cease and desist"

The Insurance-Intellectual Property Interface: Traps for the Unwary

Intellectual property litigators are often required to assess and pursue insurance coverage that may be available for policyholders they represent in ongoing litigation. More than assuring prompt notice of a potentially covered claim is required to meet these responsibilities. There are five issues intellectual property defense counsel need to focus on in assuring that insurance coverage opportunities are properly vetted.

IP Enforcement in the Digital Age: Identifying Infringers In an Anonymous Online Environment

New technologies create novel issues and inform our understanding of existing laws. The statutes that form the basis of the U.S. IP regime are decades old and, as such, could not have contemplated how technology (and technology-assisted infringement) would evolve. As a result, traditional methods of IP enforcement often lag behind the rapidly changing online environment. Though Congress has taken steps to modernize these sometimes antiquated laws—for example, the America Invents Act made significant changes to the U.S. patent system in 2016 and the Music Modernization Act updated the music licensing and royalty framework to account for digital streaming platforms like Spotify in 2018—these updates almost always function as an ex post solution to a problem that was already present. The core questions of what is “protectable,” what is “infringement” and what is “willful” in view of the fundamental shifts in technological advancement remain squarely in the gray.

Exclusion of Patent Infringing iPhones Delayed Is Justice Denied

In devices such as the iPhone, Apple and Intel merely operate on the technological connectivity platform Qualcomm created. In short, what Intel does well doesn’t compete meaningfully with Qualcomm where American 5G leadership is concerned… Apple’s cavalier conduct toward other people’s intellectual property should run into a red, white and blue brick wall at the American border, courtesy of the ITC, in the form of immediately effective exclusion and cease-and-desist orders, keeping iPhone imports that infringe Qualcomm’s patents out of the United States.

Trademark Enforcement Campaign By Chicago Restaurant Aloha Poke Draws the Ire of Native Hawaiian Activists

In recent weeks, Chicago, IL-based Hawaiian cuisine chain Aloha Poke has become embroiled in a public relations nightmare over a trademark policing campaign which has created backlash over claims of cultural appropriation. According to reports, Aloha Poke has sent cease-and-desist letters to restaurants throughout the United States who have used the term “Aloha Poke” in their restaurant branding… Knobbe Martens Partner Catherine Holland, who specializes in trademark, unfair competition and copyright law, says that the kind of public backlash which has resulted in Native Hawaiian activists calling for boycotts of the Chicago-based Aloha Poke is not limited to the restaurant industry or even instances involving claims of cultural appropriation.

AMD scores limited exclusion and cease and desist victory at ITC over VIZIO, SDI and MediaTek

The result of the ITC investigation was a win for AMD with the issuance of a cease and desist order against Respondent VIZIO, a cease and desist order against Respondent SDI, and a limited exclusion order against Respondents VIZIO, SDI and MediaTek. Rather surprisingly AMD has not issued a press release touting the win and is also not otherwise taking a victory lap. Generally, when a company scores a win of this magnitude, with either a limited exclusion order or a cease and desist order, it is news that is shared far and wide. In this case both a limited exclusion order and two cease and desist orders were obtained, and there hasn’t been as much as a peep from AMD. The fact that AMD has chosen to remain silent suggests negotiations are ongoing and an omnibus settlement may be announced in the coming days or weeks.