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Alt Legal Blog

Your source for news, updates and guidance on all things trademarks and intellectual property.

Alt Legal IP News – Issue # 186

Bri Van Til | April 28, 2020
2 min read


– 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, 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 LeonardKnowIt 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!

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