I ♡ Trademarks Newsletter: Issue #419
Bri Van Til | February 04, 2025

Here Are My Remands
This case, which hinges on whether or not the term “Moke” is generic, has been remanded by the 4th Circuit.
In the latest round of the trademark dispute between Aldi and Thatchers, a UK judge has overturned the previous decision and found Aldi’s product to infringe Thatchers’ trademarks. Seems like Aldi is sour on the decision, though: they’ve vowed to appeal.
The trial court is giving “little weight” to Jack Daniel’s survey evidence in its remanded trademark infringement case against VIP Products. For a reminder of what makes for an effective survey, check out this great webinar recording.
AI for an Eye
DeepSeek is stealing all the AI headlines, and OpenAI has suggested the company might actually be using distillation of its software to speed up and simplify the its training.
It appears someone else has filed a trademark application for DEEPSEEK in the US.
Trademark applications suggest OpenAI might be venturing into robots and other exciting new ventures.
The Copyright Office says that in 1965 it established that copyrights were only for human-produced works, so there’s no need to revisit the issue now. Read part 2 of their AI report here, which Forbes says leaves an opening for creators to use AI in their copyrightable products.
Case Western is set to require all its law school students to be AI certified.
The Future of the USPTO
For now, it seems that the USPTO may be exempt from President Trump’s executive orders requiring government employees to return to the office.
However, the Office is currently offering early retirement and buyouts for USPTO employees to quit, and the future of the USPTO’s famous remote work program seems to be on unsteady ground.
Howard Lutnick, President Trump’s nominee for Secretary of Commerce, had a lot to say about USPTO operations (which would be under his purview, if he’s confirmed).
Here’s one author’s suggestions for what the USPTO could implement quickly to make a huge difference.
Professional Concerns
I want to Taco Bell this opening for an IP attorney at Yum! Brands.
I bet you can Harley wait to apply for this senior trademark paralegal position.
Apply now to secure your position as AGC of IP at ADT.
If you get this job as director of IP and risk management, you’ll have to Warn the company about its dangers.
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
The first episode of the TMAE’s newest series, The TMA Talk Show, is now available as a podcast or a webinar recording, so choose your preferred medium and check it out, and sign up for the next episode here.
An Indian court has found Retnec liable for trademark infringement for impersonating Microsoft tech support while allegedly scamming consumers. I really thought Microsoft sensed I was having trouble and proactively called me. At least I have extended my car warranty!
Ukraine saw a significant drop in trademark applications last year.
It looks like ’80s icon Boy George may have missed deadlines to renew trademarks for his name and that of his band, Culture Club. I guess he forgot that time is precious.
Women, if you’re considering starting your own law firm, Women Owned Law is hosting a bootcamp this Friday.