I ♡ Trademarks NewsletterIssue #259
Bri Van Til | October 05, 2021
Trade Secret Garden
In case you’re curious, calling something “confidential information” instead of a “trade secret” doesn’t change its legal protection.
There’s a Trade Secret Summit next month. I’m pretty sure I’m allowed to tell you about it.
Might blockchain technology be the trick to protecting trade secrets?
Apparently the use of trade secret might be fine if you’re outside the sunset of your NDA.
Intent
The Federal Circuit’s finding in SRI v. Cisco includes a reminder that infringement can be willful, even if the infringer’s actions aren’t “wanton, malicious, and [in] bad-faith.”
Does it matter whether a platform knew about or intended to contribute to copyright infringement?
Recent issues have some wondering if copyright has gone beyond its intent and instead become weaponized.
You Don’t Own Me
Clint Eastwood was awarded a fistful of dollars when a Lithuanian CBD company used his likeness in their advertisements. Sometimes you have to advertise any which way you can, but I guess the act was unforgiven.
Who owns the IP rights to all those recorded Zoom calls?
In the case where a novel is adapted for the stage, which author owns the copyright?
Dolly Parton is facing an opposition to her trademark application for DOLLY in Class 30. Dolly Madison asked the application: “Why’d you come in here looking like that?” Okay, the marks don’t look similar, but whatever.
The fight over who owns Frida Kahlo’s image has been resolved.
Professional Concerns
Go with, rather than against, the stream: work as senior counsel for Netflix.
Have recent incidents caused you to take stock of your current job? Maybe you should be senior commercial counsel at Bond Financial Technologies.
If you’re on a Quest to find a new job, consider being senior counsel for this software company.
Did you makeup your mind to get a new job? Then don’t Estée (Lauder) at your current one: be associate trademarks counsel here instead!
This position as assistant counsel might be one to Crowe about.
Have an open role on your team? Send a link to your job listing to [email protected], and we’ll publish it in our next newsletter.
Odds and Ends
Evel Knievel’s son sued Disney and Pixar for trademark infringement, alleging that their Toy Story 4 character Duke Caboom too closely resembled his father. The District Court judge didn’t approve of the stunt. Okay, not really: I just wanted to make that joke.
The USPTO has revised the qualifications for the patent bar.
What is the relationship between IPRs and drug prices, and why is Congress asking the USPTO to limit the use of discretionary denials?
If you aren’t sure if your firm’s website is secure or not, here’s an article about how to check and how to make it secure if it isn’t already.
This webinar will tackle the question of whether there is an incongruity between traditional knowledge and IP.
Elon Musk’s infrastructure enterprise The Boring Company has filed an opposition to THE BORING SNACK COMPANY, claiming likelihood of confusion. I guess they don’t dig the competition.