I ♡ Trademarks NewsletterIssue #463
Bri Van Til | January 13, 2026
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Machine Learning Curve
This article breaks down the components of copyright concerns with AI, ultimately claiming the issue is “an easy one.”
The Electronic Frontier Foundation argues that the existing copyright infringement lawsuits against AI companies threaten legitimate uses of AI and that using materials to train machines is fair use.
Hollywood’s battle with big tech over AI is nuanced, with some like Morgan Freeman being “a little PO’d,” while others like Michael Caine celebrating innovations, saying they’re “amplifying” actors’ voices.
This author argues President Trump’s Executive Order last month likely won’t shape courts’ treatment of AI.
Don’t miss this webinar on Thursday, where I will be moderating a discussion about AI’s use in trademark law.
Sui Genericness
The US Supreme Court will not hear an appeal about whether VETEMENTS is a registrable trademark for clothing.
An entrepreneur in the UK set up a school to teach people to row. He called it CAMBRIDGE ROWING. When he filed a trademark application, the famous university had something to say about that.
The Las Vegas A’s can’t register LAS VEGAS ATHLETICS or VEGAS ATHLETICS because the USPTO says they’re too generic.
The Delhi High Court says that nobody can own the word TIGER because it’s generic.
Check out this section of the Alt Legal Resource Library for more about genericness, including counseling clients to avoid generic and descriptive terms.
Nontraditional Marks
China has seen an increase in applications for 3D trademarks.
India has issued its first sound mark registration: the TAJ sound, registered for Indian Hotels Company.
Find more resources about nontraditional trademarks here.
Lamborghini tried to trademark the vertical opening of its car doors, but the EUIPO said nah. I guess you could say they slammed the door on that. It was an open and shut case.
Professional Concerns
Yes, I do know of a great opening for a trademark paralegal, now that you Minxion it.
If you jump up and down and do a dance, would you call that combined move a Skydance? If so, that’s what I’m predicting you’d do if you landed this gig as product counsel at Paramount.
Score this job as licensing director for Major League Soccer because I’m guessing the teams won’t. You know ’cause soccer games don’t have many points…
Depop—is that related to Mmmbop?—is looking for senior marketing and product counsel.
Have an open role on your team? Email us at [email protected], and we’ll try to get it in our next newsletter!
Odds and Ends
Here’s a handy reminder that you may have British trademarks to renew now that Brexit is complete.
This article provides an overview of IP for indigenous groups in a few places. For more about trademarks and cultural appropriation, watch this fabulous session recording from a few years back.
Salt-N-Pepa can’t reclaim their master recordings because, according to the judge, they never owned the copyright. They could maybe shoop around for another venue if they really want to push it, but I don’t know if they’ll succeed in this case either way. Maybe they’re just ready to talk about what’s next, baby.