I ♡ Trademarks NewsletterIssue #473
Bri Van Til | March 24, 2026
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First Amendment Things First
Don’t miss this webinar on Thursday, where Professor Lisa Ramsey will talk about trademarks and free speech, including how recent battles over the topic may impact your practice.
The NCAA takes issue with DraftKings’ use of the term MARCH MADNESS, which the former says infringes their trademarks. Counsel for DraftKings argues the use is “protected speech under the First Amendment and is not a violation of any brand’s trademark.”
You can learn more about the intersection between the First Amendment and trademarks in the Alt Legal Resource Library.
IP Offices
The USPTO is launching a tool to help with trademark classification and design code searching.
As of this month, you can get to Grenada through Madrid. The Protocol, that is, not the perhaps very long detour. Especially with today’s gas prices!
The EUIPO trained judges and prosecutors to find IP infringement in all sorts of new places, including the dark web.
You’re Going Places!
Trademark applications suggest that Marriott might be starting a new hotel chain: Matter Hotels. I wonder if this was an attempt to go slightly more broad than Wyndham’s Trademark Hotels. You know ’cause a trademark is a type of IP matter.
United Airlines is moving to block United Nigeria from flying to the US. If they come to a coexistence agreement, would you say they’d formed a United front?
A new peer-to-peer rental app—Life4Rent—has been launched after the company secured a trademark in the EU.
In advance of her trip to Australia, the Duchess of Sussex has secured a trademark registration in the country for AS EVER. That way her Markle be protected.
Professional Concerns
Trade your briefs/cases for an attaché (job) at the USPTO.
In the vast Osha of job listings, this trademark of counsel position is a real standout. Methinks it’ll float your boat.
If you get this job as general counsel and stay there for a long time, do you think you’d become the Jaggaer meister?
Five Guys are looking for AGC. I’m pretty sure there are at least five. Oh, and also a burger joint is looking.
When the folks at Sardine contact you to ask for an interview for this counsel position, promise me you’ll ask if they can squeeze you in.
Have an open role on your team? Email us at [email protected], and we’ll try to get it in our next newsletter!
Odds & Ends
Some companies’ trade secrets may be worth more than their data, as suggested by this ransomware attack against Nike’s trade secrets (unreleased shoe designs, supplier contracts, manufacturing processes, and more). It’s scary, friends.
The Japan Fair Trade Commission has issued guidelines to try to reduce exploitation of smaller companies’ IP.
If sticks and stones may break your bones, what will Twigs do? Try to co-exist. But not agree to co-exist. So eventually end up in a lawsuit.
Luke Littler—a darts champion—is seeking UK trademark registration for his face. He doesn’t want to be the target of AI deepfakes, I guess.
Using copyrighted materials to train AI is okay, says the Trump administration. But also, it’s for the courts to decide. And legislators shouldn’t write laws about whether licensing is required.