I ♡ Trademarks NewsletterIssue #389
Bri Van Til | June 18, 2024
The Elster Decision
In Vidal v. Elster, SCOTUS has ruled unanimously that section 2(c) is not to be trumped by free speech rights. And yes, of all the articles about the decision, I did use this one because of its punny title.
But I want to point out that we made a similar 2(c) pun months ago.
Despite the unanimous ruling, there was some disagreement between the conservative justices.
Check out the full text of the ruling here.
Webinars!
Even if you consider yourself well versed in the DuPont factors, this exploration of how they’ve been applied in recent caselaw will be super beneficial.
What are some recent cases involving trade dress that you should be aware of? Watch the recording of last week’s webinar to learn all about them.
How do you ensure that you, your clients, and your foreign counsel are all on the same page? Join us for this webinar to learn best practices.
The USPTO is hosting a webinar about the new classifications. You might say it’ll be a Nice class. Or will it be a Nice class class? I’m sure it’ll be a nice Nice class class.
If you missed my discussion last week with Deborah Hampton—where we discussed why she prefers to be a non-exempt employee, the controversy surrounding the term “nonattorney,” why you should never try to touch her hair, and more—check out the recording here.
AI in the Sky
What laws and regulations have we seen around AI so far? What can we expect?
If you have comments about how the USPTO should approach patents for technology created or assisted by AI, they’d love to hear from you.
This webinar is a free ethics CLE about the ethical use of AI.
Professional Concerns
Looking for something more in your professional life? Oh, darling, you should consider taking the Abbvie road. They’re looking for senior counsel.
You might only get one bite at the Apple software and AI counsel position.
You’d have nothing to hide if you got this job as Southwest‘s technology attorney. Not that I think you have things to hide now. Maybe you’re just that good.
Pew. Pew. Pew. That’s you knocking out the competition for this legal affairs position.
I can think of like 500 reasons you should work as counsel for S&P. Like if your current job doesn’t meet your standards or if it keeps you poor.
Have an open role on your team? Send a link to your job listing to [email protected], and we’ll publish it in our next newsletter.
Odds and Ends
Here’s a high-level overview of some of the trademark issues from 2024 so far.
Lawmakers on both sides of the aisle are criticizing a move that would reduce songwriter royalties.
Microsoft wants an IP firm to be sanctioned after it alleges the firm refused to drop a suit its client requested to dismiss.
Mike Tyson has filed a series of trademark applications for MIKE BITES, a line of goods featuring a drawing of Holyfield’s ear, which he famously bit during a fight in 1997.
The parents of the child featured in the “Success Kid” meme have prevailed against a politician they alleged used the image in his advertisements without their permission. They’ve been awarded $750 for the copyright infringement.