Analysis

You Can Send A Cease-And-Desist And Not Be A Jerk About It

Law360, New York (September 20, 2017, 8:05 PM EDT) -- In-house lawyers at Netflix won the company praise this week with a charming cease-and-desist letter they sent to an unauthorized “Stranger Things”-themed pop-up bar, reminding trademark attorneys everywhere that doom-and-gloom boilerplate isn’t always the right approach.

Back in August, Chicago-based Emporium Arcade Bar opened a pop-up location called “The Upside Down,” a temporary bar designed to look like one of the main sets from Netflix’s hit science fiction-horror series.

Just one problem: The whole thing was done without any discussion or agreement with Netflix, so the...
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