Alt Legal IP News – Issue # 186
Bri Van Til | April 28, 2020
PPE
– FEMA has published a Temporary Final Rule banning certain PPE from being exported.
– Dozens of companies have stepped up to 3D print PPE and other equipment needed to combat coronavirus.
– Royal Caribbean has filed a 1(b) trademark application for SEAFACE, their own branded “sanitary masks for virus isolation purposes.” Well, that, and “cruise ship services.”
– Comedian and ventriloquist Jeff Dunham is suing Ooshirts for copyright infringement for using his name and his characters to sell coronavirus PPE and other products.
– INTA has created a fund where members can donate to help pay for PPE for medical professionals.
Possessing Intent
– The US Court of Appeals for the Federal Circuit affirmed that speech alleging patent infringement should not be limited unless there is a finding of bad faith or if the statements are false or misleading.
– The Supreme Court has unanimously ruled in Romag Fasteners, Inc. v. Fossil, Inc., et al. that a plaintiff does not need to establish willful trademark infringement to be entitled to a disgorgement remedy.
– So what are the big takeaways from Romag v. Fossil, and what does it mean?
– Does the coronavirus pandemic create a lapse in use for determining incontestability? Among other things, this article offers some useful insights for establishing intent to resume use.
Unrealized Patential
– Is there a crisis in patent policy? If there is, how can we solve it?
– Faegre Drinker Biddle & Reath partner and former USPTO commissioner Robert Stoll argues that we need to “focus on beating this virus,” not on special interests.
– There seems to be a lot in the balance as Congress weighs how to balance patent protection with protecting people’s lives.
– Several tech companies ranging from Uber to Amazon, Facebook, HP, and IBM have signed the Open COVID Pledge and offered their IP to help combat coronavirus.
Professional Concerns
– Faegre Drinker Biddle & Reath is looking for a trademark litigation associate.
– Kite, a subsidiary of Gilead, needs senior IP counsel, and TikTok wants you to hurry up and apply to be their product counsel.
– Wave XR and HP are both looking for GC.
– Yeshiva University has an opening for an Assistant Professor of Law.
– Have an open role on your team? Send a link to your job listing to community@altlegal.com, and we’ll publish it in our next newsletter.
Odds and Ends
– If social distancing has you feeling lonely, Sony’s new patent is for you: a cute robot to keep you company while you play video games.
– Here are some suggestions for securing financing in this difficult time.
– WTR wants to know how you think this pandemic is impacting brand protection efforts.
– Disney+ appears to have mistakenly tweeted the fine print instead of the message, but they want you to know all your tweet are belong to them.
– Join us tomorrow for our webinar with Jelly Belly GC Mark Leonard. KnowIt is also hosting a virtual conference next month to bring together attorneys, academics, and entrepreneurs to “define intellectual output in a digital world.” And, of course, don’t forget our virtual happy hour is every Thursday at 5 EST!