I ♡ Trademarks NewsletterIssue #303
Bri Van Til | August 23, 2022
Artificial Intelligence
AI can’t be a patent inventor, and it can’t own a copyright, but should the AI’s programmer be able to copyright the art?
AI-produced art has come a long way. Check out these landscape “photos” created by AI programs.
In the EU, it may matter whether the AI generated or assisted in the creation of an object.
I Object!
The founder of Moechella says he’s “not going to stop using the name” just because Coachella objects to the name and is threatening to sue. He says, “It’s a protest.”
Mars Wrigley has won its lawsuit against cannabis companies that were using its SKITTLES trademark. They told those companies to Skittaddle.
TTAB says that BUILT BY GOD fails to function as a trademark. I wonder if they can appeal to a higher authority to get their trademark.
Heavy Meta
3D models in the metaverse have trademark owners concerned about trademark infringement.
Don’t miss our metaverse webinar on Thursday, where Loeb & Loeb partner Nerissa McGinn will walk you through the ins and outs of trademark protection in the metaverse.
It’s rumored that Miley Cyrus may join the metaverse. She’s also applied for some NFT-related trademarks. I guess we can’t stop her now.
Professional Concerns
You’d be batting 1000 if you got this position as counsel for Major League Baseball.
Time to LEGO of your current gig? Consider serving as counsel for this toy company instead.
There’s no Harman looking at this job as IP counsel.
If you served as IP transactions counsel at Apple, you’d be a core part of the team.
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
In case you were curious: the prohibition against using government flags or insignia in trademarks includes government agencies as well.
Check out Tom Brady’s bunch of trademarks.
Here’s an overview of the first 100 cases brought before the new Copyright Claims Board.
How do you demonstrate acquired distinctiveness for nontraditional trademarks?
Harry Potter fans: this headline is pretty great.