I ♡ Trademarks NewsletterIssue #341
Bri Van Til | June 13, 2023
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Challenge Accepted
Convenience store 7-Eleven is in trademark dispute with Seven Network in Australia. The dispute started with 7-Eleven petitioning to cancel the Network’s 7NOW trademark.
Here’s an article about how to apply to invalidate a bad-faith trademark in China.
TTAB has issued a precedential opinion stating that consumers do not have standing to oppose trademark applications.
Some are worried that the USPTO’s proposed changes to the IPR process will make it too difficult to challenge bad patents.
Dinner and an Update
Unless you’ve been hiding under a rock, you’ve probably heard that SCOTUS ruled in favor of Jack Daniel’s in the Bad Spaniels chew toy case. And I’m not telling tall tails or barking mad when I say that the decision was unanimous.
Here are some quick takeaways from the case, including that the decision is intended to be narrow, not to undermine the Rogers Test.
We told you last week about two lawyers who were facing sanctions for submitting a filing generated by ChatGPT. The lawyers met with a judge last week and said they didn’t realize that the AI could make up cases. They thought the cases must have been from a database they didn’t have access to.
Apple wants the CAFC to rehear their case about APPLE MUSIC tacking. I guess they want another bite at the APPLE.
If you missed our webinar last week about recent updates to Canadian trademark laws, you can find the recording here.
Have Fun!
No Joke(r): an Italian designer tried to cancel the Batman logo trademark in the EU.
The makers of The Day Before say that the game will come back to Steam. Eventually. After they sort out the trademark snafu.
If you haven’t already seen this video of LeBron James promoting the cancellation of the TACO TUESDAY trademark, check it out. It’s a hoot!
Professional Concerns
Feel like you’ve been spinning your wheels at your current job? Apply to be Peloton‘s senior IP director.
CBP is looking for a general attorney—not to be confused with the Attorney General. I’m sure the application process is customary.
I bet you a BillionToOne that you didn’t expect to see this job listing for associate general counsel. But don’t take me up on it because I can’t afford it if I’m wrong.
Have you seen a Tektronix shift in your current job? Consider serving as IP counsel for this measurement device company instead.
The Joint Commission—which sadly has nothing to do with cannabis—is looking for senior assistant counsel.
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
Google is changing its policy for automatically blocking use of trademarked terms, saying that the policy resulted in “over flagging.”
Apparently promoting an infringing product may make an influencer liable for the infringement.
The Copyright Office is hosting a webinar about copyright registrations for AI-produced content.
Post Cereal and OK Go have settled their lawsuit about the use of the phrase “OK Go!” on breakfast bars. The terms of the deal are confidential, so we don’t know if the band told Post: “OK go use it.”