I ♡ Trademarks NewsletterIssue #488
Bri Van Til | July 21, 2026
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AI Opener
The USPTO has created an AI agent for assigning international classes and design codes to trademark applications.
OpenAI is too descriptive for a trademark, the EUIPO says.
As AI-related copyright infringement suits are on the rise, there’s a lot of finger pointing about who’s responsible for the alleged infringement.
It looks like OpenAI and Apple’s trade secret theft dispute was amplified when outside counsel confused an employee with the surname Chang for one with the surname Wang. Oopsy.
What is DNS abuse, and how does AI risk accelerating it?
The Sweet Spot
Since we don’t get to see trademark cases make it to the Supreme Court every day (or even every year), here’s a breakdown of the Pepsi case heading to the high court. The decision will ultimately hinge on whether the strength of a trademark should be determined by a judge or a jury, though.
The trademark infringement suit between Van Leeuwen and Rebel is a great reminder that similarity of a word mark is not necessary to prove infringement. This case hinged on “monochromatic cartons with matching lids, pastel colors, oversized black script, and minimalist layouts.” I guess you could say the defendant is a Rebel without a case.
The owner of Seattle Strong coffee vows to fight back against Nestlé‘s trademark infringement claims. He thinks he has good grounds, but it’s hard to say how strong his claims will be or how much energy he’ll have to put into the fight. I hope whatever happens that it doesn’t make him bitter.
That’s Just, Like… Your Opinion, Man
This law professor argues that the fast-growing list of patent exemptions could be balancing the scales between patent holders and everyone else.
There’s a lot of dispute about whether AI-related copyright infringement claims will ultimately be solved by litigation or legislation or by politics. Or is the solution a new form of protection: learnright?
Patent inter partes reviews (IPRs) are said to have changed substantially recently, but these authors argue that reexaminations aren’t a fallback for when an IPR fails, but rather that the IPR may bar a reexam from being allowed.
Here’s a breakdown of the recent Deckers case, including guidance for protection.
Professional Concerns
I’m guessing a recordals assistant for FieldFisher will eventually just learn which fields the data goes in and won’t have to fish for it anymore, but maybe the journey is part of the job.
Feel like you’re barely stayin’ alive at your current gig? Apply for this AGC position at Disqo, and you’ll feel amazing by September.
A UK firm named Potter is hiring a trademark attorney, and I know you wand to apply.
Houzz it going at your current job? If it could be better, consider applying for this senior counsel position instead.
I’m betting you could Indraduce a lot of efficiencies to this company if you get the IP manager role.
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
What is a chain of title for a trademark, and why does it matter?
Starting in October, all outbound US-based WIPO trademarks will need to be filed via the eMadrid system. To learn more about the eMadrid platform, watch this webinar recording from last year.
In case you’re curious about what time of day USPTO patents are typically filed, you can go here to learn that.
A North Dakota resident is trying to register a trademark for FIGHTING SIOUX. The University of North Dakota changed their mascot in 2012, but they continue to claim ownership. Seems like they may have to Sioux to keep the mark. For more about IP for Native American names, imagery, and traditional cultural expressions, check out this webinar and this Alt Legal Connect session.