I ♡ Trademarks NewsletterIssue #398
Bri Van Til | August 21, 2024
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Nuh Huh
Can a signed Disney+ contract—which includes an arbitration clause—protect the company from a wrongful death lawsuit at a Disney restaurant?
A Detroit judge has been suspended from the bench and removed from his university teaching position after handcuffing a student who was sleeping in his courtroom during a field trip.
Apparently during the Olympic games, Rule 40 goes into effect, which can lead to cease and desist letters or even lawsuits for use of any term related to the Olympics—including seemingly innocuous terms like “medal” or certain uses of the name of the city hosting the games.
That’s My Domain
A trademark attorney who registered the domain harriswalz.com has sold it to the campaign for $15,000. Before you’re too quick to judge the campaign for not registering it before announcing the campaign, I feel the need to point out that the registration was in 2020. I’d like this attorney to please send me the numbers for this week’s Powerball. Kthanks.
Some say the sale is brilliant, and others claim it highlights the issue of cybersquatting.
To learn about UDRP disputes and strategies for maintaining a healthy domain, join us for this webinar next year.
Thoughts about Strategy
If you’re lacking survey data, the “consumer journey approach” might be a suitable stand-in. To learn more about using survey data, check out this great webinar recording.
How can the ITC help with IP infringement?
The FTC’s ban of noncompete agreements has highlighted the need for strong trade secret protection, and there’s a good chance it will cause the trade secret lawsuit floodgates to burst open.
This case of patent infringement might hinge on the language used in the preamble of the application, which could “cast doubt on exactly what is covered by patents.” Basically it’d all be chaos.
Professional Concerns
If they’re Nixon Peabody, will Sherman still have a gig? If not, he can apply to be the IP docketing manager.
Did I catch you checking out the job listing for this sales and operations counsel position at The Pokémon Company?
Would you Yale “Woo hoo!” really loud if you got this job as the director of IP?
Arnall Golden Gregory—which could absolutely be a sports moniker like Joe Cool Montana or Earvin Magic Johnson—is looking for a trademark attorney.
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
These artists’ lawsuit against Stable Diffusion will proceed after overcoming a motion to dismiss.
Here’s a reminder of a practitioner’s ethical obligations stemming from USPTO data breaches.
Burger King lost a trademark infringement lawsuit in India because the local Burger King’s rights were found to have preexisted the fast food giant’s.
Unlawful use of a trademark may negate infringement of that trademark, according to the CAFC.
If you’re going to TMAP next month, don’t miss out on the Brand Action event there!