Alt Legal IP News – Issue # 172
Bri Van Til | January 21, 2020
Royalty
– In case you’re curious, a video recording of a Prince concert is not transformative enough to constitute fair use, even if the videographer chose the vantage point and decided when to change between shots of the stage and the crowd.
– Former royals Duke Harry and Duchess Meghan have applied for over 100 trademarks for Sussex Royal.
– However, the couple has not yet applied for trademark protection in the US, so a US attorney submitted a trademark application for Sussex Royal to “raise awareness of the importance of due diligence in IP matters.” Someone also applied to trademark the term in the EU.
– In honor of Dr. Martin Luther King Jr. Day yesterday, here is a list of ways attorneys can honor King’s legacy.
Trolls Abound
– Malibu Media, a plaintiff in thousands of copyright violation lawsuits, says the company’s former attorney was “screwing it out of settlement payments.” Meanwhile two investors are suing the company for not paying them their share of settlements.
– A “plaintiff’s history of troll-like lawsuits” may mean an alleged infringer can be awarded payment for attorneys’ fees and court costs.
– Apple wants the EU to enact legislation to address patent trolling, but Francisco Mingorance, the EU’s IP secretary, says the move is an “attempt to create a false rationale for weakening the patent protections.”
The Latest in Artificial Intelligence
– Wondering what jobs AI might replace? Look to patent applications to find out!
– The White House has proposed guidance for AI regulation.
– A new survey suggests that attorneys are increasingly using AI in their practices. Curious about other technologies that can assist you in your practice? Come hear Niki Black talk about this in person at Alt Legal Connect in March! Use the code “newsletter” for a discount.
– WIPO is seeking consultation on how AI should affect its IP policies.
Odds and Ends
– Update: Shane Bieber’s application to trademark “Not Justin” has hit a roadblock.
– Can a person’s name be a geographical indicator? The Scotch Whiskey Association is arguing that the name Burns Night is “highly evocative of Scotland when used on a whisky product” because poet Robert Burns was Scottish.
– A new report says trademark infringement is on the rise. Can this hurt companies’ brands?