I ♡ Trademarks NewsletterIssue #431
Bri Van Til | May 06, 2025
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Nontraditional Marks
In a precedential decision, the Federal Circuit has clarified the parameters of color marks. It says green examination gloves are generic. I guess you could say they thought Medisafe’s argument was a stretch.
You’ve heard of scent marks, but can perfume brands trademark the scents of their products?
This exploration of nontraditional marks in India is part of a series exploring unconventional marks around the globe.
For a thorough explanation of nontraditional trademarks, check out this fabulous presentation from a few years back.
Are You Not INTAtained?
If you’re going to INTA, make sure to go green!
Those interested in playing disc golf in San Diego should putt their info in this form.
Don’t miss the Brand Action fundraiser, one of the hottest events of the year (and for a great cause).
I’m super excited that I’m going to be in San Diego for INTA. If you want to chat about a webinar, brainstorm an article for our blog, or just share a pun with me, let’s have a quick chat! If you’re looking to meet with anyone else from my team to talk about our software, learn about our expert paralegal service, get training, or meet for coffee or drinks, reply to this email, and I’ll hook you up.
AI Rest My Case
Recentive Analytics alleged that Fox Corp. infringed their pending patents for machine learning software, but the CAFC instead concluded that Recentive’s tech wasn’t patentable because it was just abstract ideas.
The issue of copyright registration for AI-produced art is still undergoing intense legal debates. Come learn about the status of this fight with attorney Ryan Abbott, who’s representing several clients vying for protection.
This CAFC appeal about patents for payment software were not at all about AI, but IP Watchdog argues that the principles could easily apply.
It seems like the federal judge hearing the copyright infringement suit against Meta for its AI training practice wasn’t buying the company’s fair use arguments. The judge accused the company of “obliterating… the market for [the plaintiffs’] work.”
Professional Concerns
Turn your Fanatic(i)s(m) into a job with this marketing and IP counsel position.
Getting this senior IP director job at Olympus could be the peak of your career.
Unrelatedly, the Olympics are looking for IP counsel. If you took that job, would you medal in their legal affairs?
If you got this senior IP counsel position, you might have a lot of Discord with alleged infringers.
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
Copyright infringement suits might not cause this cookie company to Crumbl, but they don’t sound pleasant, either.
One way to keep others from pretending to be you might be to put a watermark on your court filings. However, that watermark apparently shouldn’t be a dragon in a suit. That can upset a judge, apparently.
Nigerian actress Ann Njemanze registered a trademark for the name of a film she starred in, but it was recently revoked following a bitter legal challenge with the filmmaker.
Three thousand miles’ distance between these retirement communities doesn’t lessen the likelihood of confusion, says the Fourth Circuit.