I ♡ Trademarks NewsletterIssue #326
Bri Van Til | February 28, 2023
Social Justice League
The Annual IP and Social Justice CLE program is this Friday, and the session list looks pretty great!
For an overview of IP and social justice, check out this phenomenal session from Alt Legal Connect in 2021.
Read all about how trademarks can empower Black women especially, and how attorneys can contribute to their success.
At the USPTO
While we all wait to hear whether the Supreme Court will hear In re Elster (the TRUMP TOO SMALL case), the USPTO is suspending all trademark applications critical of public figures. I guess we’ll all have to wait 2(c) what they’ll do.
Next month the USPTO is hosting a trademark basics webinar for brand owners.
Check out this great resource from the USPTO: it allows you to search and filter expungement and reexamination proceedings, administrative orders and sanctions, and precedential director decisions.
Here’s a unique case. The USPTO canceled over 70 trademark filings for famous brands and government agencies that a US-based attorney filed unbeknownst to the actual owners. In turn, the USPTO imposed some serious sanctions on the attorney.
Patents are following in trademarks’ footsteps at the USPTO: registrations certificates are going to be electronic.
World IP
The Supreme Court in the UK will decide whether patents should be granted in cases where AI is an inventor.
Nontraditional trademarks will soon be afforded trademark protection in the Philippines.
If you thought coming up with a unique trademark in the US was tough, check out some other CNIPA stats here. They received over 7,000,000 trademark applications last year.
Norway’s new trademark act is coming into effect next month.
The DOJ will argue in Abitron Austria Gmbh v. Hetronic that US courts should only consider whether infringement caused likelihood of confusion with US customers, not throughout the world. Check out a discussion of the case here.
Don’t miss our webinar next week, where Taras Kulbaba and Andrej Bukovnik will take you through the ins and outs of EU trademarks.
Professional Concerns
If you want to be the associate director of IP for this elevator company, make sure you’re Otis ready to work there. They might need help with their docket (of the bay).
Screw it. Let’s ride over to Harley Davidson to apply to be trademark counsel.
This clothing retailer has found a Gap in their team, and they want you to fill it as head of licensing.
Nestlé in and make yourself comfortable in this position as trademark counsel.
This job listing won’t qualify for most of you, unless you’re looking for an Alternative career, but please spread the word that we’re looking for an executive assistant. Thanks in advance!
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
Patagonia is suing Gap for trade dress infringement for selling a snapping fleece jacket, but Gap says that’s just in the public domain.
Eminem is throwing shade on The Real Housewives: he is opposing “Reasonably Shady.” I guess he’s standing up for his rights.
With March beginning tomorrow, here’s a reminder about which terms related to the famous basketball event are protected by trademarks.
According to Professor Christine Farley, MSCHF has absolutely killed it with their amicus brief for the BAD SPANIELS case pending before the Supreme Court. Submitting a page with content personalized for each justice and clerk seems like a winning strategy. Check out the brief here.
Wondering how to monetize our Trademark Protection product to increase firm revenue? You can find some examples of how to do so here.