Posts Tagged ‘cease and desist’

By: Dan Pierron

As mentioned in my previous post, one strategy in enforcing your patent is to send an entity that is potentially infringing your patent what is called a “Cease and Desist” letter.  The letter has a few core purposes.

First, it provides “actual notice,” which is notifying the allegedly infringing party that you believe they are currently or are about to infringe on your patent.  In patent law, if an entity is infringing your patent, in certain circumstances they may not be liable for the infringement before they are provided with actual notice.  More specifically, if you are not properly marking your product with your patent number, actual notice is required.  Therefore, two elements that should be included in your cease and desist letter are 1) the number of your patent and 2) identification of the products or processes you believe may be infringing.

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wahBy: Bill Harding

Imagine you are a patent holder, and you suspect a competitor may be infringing on your exclusive rights related to your invention.  You ask your patent attorney to help you stop the infringing behavior.  Your attorney (hopefully) responds by recommending an infringement analysis.  You may think, “Analysis?!?  What’s to think about?  I just want to stop this guy!”

Perhaps a few notes on some deliverables commonly included in an infringement analysis opinion letter or report might help you appreciate the importance of such an effort:

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By: Dan Pierron

Congratulations!  Your claims have been allowed, you’ve paid your issue fee, and you’ve received the seal and red ribbon! It’s been years in coming, and now you can kick back and relax, both your mind and your legal budget.  Right?  Maybe not.  Deciding how to utilize a single patent or an entire portfolio of intellectual assets can suggest vastly different steps to be taken by you, your company, and your legal counsel, not to mention potential infringers.  This post is the first in a series for newly minted patentees, giving them an overview of how they might choose to proceed with enforcement of their patent, identifying potential pitfalls, and describing alternative strategies to allow the patentee to make a more informed decision.

A first option is to use a patent portfolio in a defensive manner.  This is a strategy most commonly adopted by corporations offering multiple products, often that are very different in their makeup and function.  However, to many, this represents an underutilization of the value offered by patents.  Indeed, patents grant you a “negative” right – the right to prevent others from making, using, or importing the invention described by your patent.  So, if you’re going to enforce your patent, what is the best way to go about it?

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Can a company’s mascots be trademarked? The answer to that question is yes, yes they can.  A trademark is defined by dictionary.com as any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others.  When a company tries to use another company’s trademark without permission this is illegal.   Recently, Yandy.com found itself in dangerous waters.  The company began selling a sexy Halloween costume very closely resembling Sesame Street’s famous trademarked mascot Big Bird.

Last week Sesame Street Workshop sent Yandy.com a cease and desist letter warning them that they were infringing upon their trademark.  Yandy.com has been promoting the sexy costume under the product name “Exclusive yellow dress and stockings” that is advertised with Diguise’s matching Big Bird headband.  The picture of the costume features the headband with matching risqué outfit.  Yandy.com presumably thinks that if they call the costume something other than Big Bird, then it is not considered infringing upon the

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THURSDAY, OCTOBER 30, 2014