2023 Edition: Most Wanted Holiday Gifts for IP and Trademark Lawyers and Professionals
Alt Legal Team | November 24, 2023
Finding the perfect holiday gift for IP and Trademark lawyers and professionals can be a challenge! We’ve compiled a list of our favorite IP- and trademark-related gifts that will surely be a hit!
Alt Legal Trademarket Swag
Show the world your love for trademarks, puns, or both by shopping at the Alt Legal Trademarket. Check out our new holiday designs! We’re passing on all net proceeds from the Trademarket to charities focusing on diversity. Visit Alt Legal’s Trademarket to get great trademark swag and support social justice.
IP Cases Making Headlines in 2023
Jack Daniel’s v. VIP Products
The Supreme Court decided this pivotal case involving a squeaky rubber dog toy in the style of a Jack Daniel’s whiskey bottle and whether the dog toy manufacturer could use the Jack Daniel’s trademark, claiming first amendment rights and parody. Many hoped that this Supreme Court decision would resolve the apparent circuit split between the 2nd and 9th Circuits, while refining the 2nd Circuit Rogers standard. But ultimately, the Supreme Court found that Rogers was inapplicable here, that the toy manufacturer had used the Jack Daniel’s trademark as a source identifier for its own goods and that the standard likelihood of confusion test must apply. Learn more about the decision here. To commemorate this key 2023 SCOTUS decision, treat your trademark practitioner friends to the Bad Spaniels squeaky toy (which is still available on Amazon) along with a bottle of Jack Daniel’s or Jack Daniel’s BBQ sauce.
Warhol v. Goldsmith
The Supreme Court finally decided the Warhol v. Goldsmith dispute in favor of photographer Lynn Goldsmith, determining that Warhol’s use of her photographs was not transformative fair use. The case stems from a dispute between the estate of Andy Warhol and photographer Lynn Goldsmith over her series of photographs depicting Prince. To celebrate this historic case before SCOTUS, gift your IP practitioner friends this Warhol coffee table book and Lynn Goldsmith’s collection of rock and roll photographs and stories.
Hermès v. MetaBirkin
In 2023, the SDNY decided one of the biggest cases to arise out of the NFT era. Artist Mason Rothschild developed a collection of 100 NFTs dubbed “MetaBirkins,” displaying the famous Hermès Birkin handbag covered in various patterns, textiles, and artworks. By January 2022, Rothschild sold over $1 million in MetaBirkin NFTs. In turn, Hermès sued him for trademark infringement and dilution, misappropriation of its BIRKIN trademark, cybersquatting, false designation of origin and description, and injury to business reputation. Ultimately, SDNY determined that the MetaBirkin NFTs were likely to confuse consumers and were clearly designed to mislead consumers into believing the NFTs were created by Hermès.
While buying an actual Hermès Birkin handbag may be out of reach and requires a monetary “odyssey”, an Hermès blanket is somewhat more affordable, as is this fanciful Hermès pop-up book.
Adidas v. Thom Browne
Does Adidas own stripes? Designer Thom Browne developed a pair of socks and an entire clothing line embellished with a familiar three-stripe pattern. After Adidas sued, Browne developed a four-stripe pattern, which was still unacceptable for Adidas in light of their distinctive three-stripe design. Adidas filed another suit in SDNY for trademark infringement and dilution. Ultimately, the jury decided in favor of Browne, reasoning that Adidas doesn’t own stripes and that the brands marketed to different consumers. Deck your trademark practitioner friends out in the most fashionable stripes! A pair of Thom Browne socks would be a luxurious and generous gift, but perhaps a more practical option would be a sensible 3-pack of Adidas socks.
Do Good + Make a Charitable Contribution
At Alt Legal, we firmly believe in giving back, encouraging diversity, equity, and inclusion, and promoting social justice. Here are several ways you can contribute to these important causes. Consider gifts and donations in your IP friends’ names or make a donation yourself.
Brand Action brings the trademark community together to support people in times of crisis. Brand Action is planning a fundraiser event at INTA 2024 in Atlanta and encourages donations to key support organizations here.
Alt Legal Trademarket is your source for punny trademark gear, but we also introduced a special, non-punny design for Pride Month featuring the progress flag and trademark-themed words advocating for equality and non-discrimination. All proceeds from the Alt Legal Trademarket benefit charities focusing on diversity.
The Innocence Project exonerates the wrongly convicted through DNA testing and reforms the criminal justice system to prevent future injustice. The Innocence Project’s mission is to free the staggering number of innocent people who remain incarcerated, and to bring reform to the system responsible for their unjust imprisonment.
NAACP Legal Defense and Educational Fund Scholarships – LDF is America’s premier legal organization fighting for racial justice. Through litigation, advocacy, and public education, LDF seeks structural changes to expand democracy, eliminate disparities, and achieve racial justice in a society that fulfills the promise of equality for all Americans.
National Urban League – The League is a historic civil rights organization dedicated to economic empowerment, equality, and social justice. The League promotes economic empowerment through program areas that include education and job training, housing and community development, workforce development, entrepreneurship, health and quality of life.
IP Fun
How well do you know your logos? Test your trademark knowledge with The Logo Game! The game includes 1600 questions and, according to the manufacturer, “a few astonishing facts and surprises to entertain everyone!”
Support Innovation and Invention
Did you know there’s a USPTO museum? Well, it’s the National Inventors Hall of Fame, and there’s a gift shop that is undoubtedly epic. If you can’t make it to the gift shop, another great gift idea is to make a donation to the museum on behalf of your IP-lawyer friends. Donations help to make STEM education accessible to students, teachers, and aspiring inventors throughout the US.