I ♡ Trademarks NewsletterIssue #349
Bri Van Til | August 15, 2023
Stay Safe
How can counterfeit goods increase risks when it comes to back-to-school shopping?
Apparently there now exists software that can predict with 95% accuracy what you’re typing simply based on the sounds of your keystrokes. Am I the only one wondering if I can learn to type quieter? What if someone else publishes my brilliant puns before you all read them? Oh, you’re probably right: they probably have enough self-control not to publish this silliness.
Two recent cases serve as a reminder that those wishing to obtain patents for their products need to be careful about offering demos.
Just a reminder to check companies’ privacy policies before agreeing as some explicitly allow companies to copy and use your content.
How-to You Do?
Here’s a great how-to guide for reading privacy policies (all the more important in light of the issue mentioned above).
How can cybersecurity providers limit their own liability for clients’ loss of data, intellectual property, and more?
If you missed last week’s webinar about referral ethics—including how to disclose fee-sharing agreements to clients—check out the recording and materials here.
You Can’t Take That Away from Me
A company is suing Samsung for patent infringement, alleging that its inventors met with the company to pitch their product to the tech giant only to later have their tech show up in the company’s devices without their permission.
Record labels are upset about the Internet Archive’s Great 78 Project, which seeks to digitize 78 rpm vinyl records, and are suing the Archive for over $400 million for copyright infringement.
The author of the book The Tetris Effect is suing for copyright infringement, alleging that Apple’s new movie Tetris uses “the exact same feel, tone, approach, and scenes” as his book.
Professional Concerns
Finding it hard to defend your current choice of jobs? Consider working with the US Defense as an attorney-advisor instead.
Law students: if you’re starting to think seriously about being an IP attorney, this summer associate position will make a Sterne test of your prowess in the area.
Current job not Katten it anymore? Feeling conflicted about staying? Consider serving as conflicts attorney for this firm instead.
If you’re Innovative (and) Driven, this role as IP associate sounds like a perfect fit.
Feeling UnitedLex and lex to your current employer? Maybe you should be a junior trademark paralegal for this company.
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 Brandy Melville v. Redbubble, the Ninth Circuit has found that liability for contributory trademark infringement requires specific knowledge of the allegedly infringed product.
Defying precedent, the Federal Circuit ruled in Spireon v. Flex that the opposer had a burden to prove the defendant’s non-use of a mark.
The USPTO is considering a policy that would automatically remove attorneys from trademark registrations. If you have something to say about the policy, follow these instructions to request to speak. Otherwise, you can sign up here to listen.
To celebrate Taco John’s release of its TACO TUESDAY trademarks, Taco Bell is offering to buy the general public tacos (and not just from Taco Bell!) on September 12th.
The Alt Legal Community is made up of thousands of trademark professionals throughout the world. If you have knowledge to share with them, fill out this form!