About this episode

This episode discusses the implications of a major Eleventh Circuit decision on IP enforcement and the risks of sending cease-and-desist letters.

Can sending a cease-and-desist letter land you in court across the country? In this episode of The Briefing, Scott Hervey and 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.

People in this episode

Host: Scott Hervey

Guest: Richard D. Buckley, Jr.

Topics covered

• intellectual property
• litigation
• cease-and-desist letters
• legal risks
• IP enforcement

Keywords

• Frida Kahlo
• 11th Circuit
• cease-and-desist
• IP enforcement
• litigation risks

Mentioned in this episode

Organizations: 11th Circuit

Books & works: Frida Kahlo

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