The Briefing by Weintraub Tobin

Frida Kahlo vs. The 11th Circuit – A Warning for IP Owners Everywhere

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Can sending a cease-and-desist letter land you in court across the country? In this episode of The Briefing, Scott Herveyand Richard D. Buckley, Jr. break down a major Eleventh Circuit decision involving the Frida Kahlo brand and the risks tied to aggressive IP enforcement.

In this episode, they cover:

  • When cease-and-desist letters cross the line into tortious conduct
  • How the corporate shield doctrine can fail when personal rights are asserted
  • Why the “effects test” can pull IP owners into out-of-state litigation

    • Tune in for a clear look at how a single demand letter can determine where you end up litigating.

    ...more
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    The Briefing by Weintraub TobinBy Weintraub Tobin
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