Alt Legal IP News – Issue #85
Hannah Samendinger | April 26, 2018
– The Museum of Modern Art (MoMa) is suing MoMaCha, a cafe and exhibition space, for trademark infringement. Yelp reviews of MoMaCha include statements like, “Truly, the art makes this spot special (After all, this IS an off-shoot of MoMa).”
– Jack Daniels is suing Texas distillers that also make whiskey in a square bottle.
– KitKat is set to lose their trademark rights to their four-fingered candy shape in the EU.
– Why is China exhibiting outdated US patent models?
– Apple’s patents suggest an Apple flip phone, or as they call it, a foldable iPhone is coming.
– Do fewer patent continuations indicate a healthier patent system?
– Today, in a 7-2 opinion, the Supreme Court held that the USPTO has the power to reconsider patents, which is a win for some of the largest tech companies.
Art & Controversy
– The Ninth Circuit issued their opinion in the monkey selfie case, holding that animals cannot sue for copyright protection. Check out the opinion here.
– A photographer is suing Cambridge Analytica for copyright infringement.
– An art collector who spent $13 million since 2013 is suing Jeff Koons and a gallery for failing to deliver 3 sculptures, including a balloon sculpture. While that case does not involve IP claims, Koons has previously threatened legal action over balloon shape bookends.
Odds and Ends
– Last week I linked to a great logo via Twitter. If you don’t follow Tim Ackermann on Twitter, you were directed to his Twitter, rather than the tweet I intended to include (see below). A Twitter lesson learned!
– A California court awarded a $6.4 million judgment in a revenge porn case, which is one of the highest verdicts in a case of that kind. The judgment included $450,000 for copyright infringement, a common claim in these types of cases.
– A trademark battle is brewing between two Canadian beer companies.
– Gucci and Guess have ended a nine-year trademark dispute. The agreement “will result in the conclusion of all pending IP litigations and trademark office matters worldwide.”
– Long read: The New Yorker has an interesting look into the Chinese workers who assemble designer bags in Tuscany, including counterfeiting allegations made by some of the Italians they work alongside.