I ♡ Trademarks NewsletterIssue #358
Bri Van Til | October 17, 2023
Identify Yourself
USPTO identity verification is going to be required in just a few months, so get your support staff ready. Here’s the Office’s explanation of the policy.
Might Banksy’s trademark infringement lawsuit expose his identity?
For suggested ways to protect celebrity clients while avoiding §2(c) claims, check out this webinar recording from earlier this year.
The US Supreme Court will not take up the issue of whether the use of celebrity personas constitutes trademark infringement.
Feature Parody
Grocer Trader Joe’s has a beef with online exchange Trader Joe, which the grocer says they named “after the supermarket.”
A cannabis company thought they’d spice up their lives by creating and selling a parody Old Bay Seasoning sticker. After the lawsuits began, they stopped selling it.
Earlier this year SCOTUS ruled that a parody that uses another’s mark in commerce is not fair use, so it’s pretty official, folks.
Crime and Punishment
Retailer Alibaba is increasing its efforts to detect and remove counterfeits and help fight retail crime.
Vietnam’s Deputy Minister of Information and Communications says that pirated sports streaming service Xoi Lac is “associated with organized crime.”
Read about how the US’s combination of CBP seizures, civil litigation, criminal prosecution, and more are working to combat counterfeiting online.
The London police’s IP crime unit is ten years old. Read about some of what their Assistant Commissioner says they’ve accomplished.
Professional Concerns
Who are you to judge? A great candidate. Consider this position as a trademark examiner with the USPTO.
Feel like your career is stalled? Give it the Kickstarter it needs by applying to be senior counsel here.
Looking to lose the weight of your boss constantly on your back? Consider working as corporate counsel for Noom.
I don’t think this senior counsel position will inVolvo drama, so it’s a pretty safe bet you’ll like it.
On my honor, I will try to be senior IP manager to the Girl Scouts of America.
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
Don’t miss our webinar tomorrow, where trademark survey expert Mike Keyes will talk about effective use of survey evidence in trademark prosecution and litigation and guide you through what makes for an effective survey.
Have a client who can’t afford your services and wants to try it on their own first? This newly released book is a great resource.
In a precedential case, TTAB has ruled that a surname’s rarity doesn’t ensure its registrability as a trademark.
Just a reminder: make sure that the fonts used in your clients’ trademarks don’t infringe anyone’s copyrights.
Check out this great WTR article about Brand Action’s newest fundraiser. If you want your sporting t-shirt for Leadership, you have to order it this week!