I ♡ Trademarks NewsletterIssue #285
Bri Van Til | April 19, 2022
Time Is on My Side
PTAB says that sanctions requests must be timely to avoid waiving the issue.
We can all be adults about discussing the longer then shorter then longer patent term for Viagra in Israel.
Yeah, it’s been long enough that Warner Bros. has to renegotiate its rights for films like A Nightmare on Elm Street, Beetlejuice, and Little Shop of Horrors to keep the rights from being terminated by the films’ creators.
Well, Technically
When advising clients about software purchases, it’s important to point out the bounds of licenses.
The first sale doctrine applies to trademarks as well: the Ninth Circuit has determined that it’s okay for a manufacturer to sell an item that uses another company’s trademarked good as long as they adequately disclose how it has been incorporated into the new product.
Should comedians be entitled to royalties for the jokes they penned, and should the recordings of their acts require separate licenses for the jokes and the performances themselves?
On the Catwalk
How does “inspired-by” jewelry differ from counterfeit, and what are the IP implications?
Christian Louboutin is appealing the Japan Patent Office’s refusal of his trademark application for his red-soled shoes.
The Delhi High Court has found that Levi Strauss’s stitching is a unique identifier of the company’s jeans and that it is a “well known” mark, so an online retailer has infringed that mark by selling different jeans with similar stitching.
Vans is suing MSCHF for trademark infringement over the Wavy Baby shoes. I say they’re likely to cause confusion… about whether or not they’re a joke. Those shoes are a trip (in both senses of the word).
Professional Concerns
Not lovin’ your current job? Maybe you should be senior IP counsel for McDonald’s instead.
I feel like you’d make bank working as associate counsel for a company called Emburse.
Do you think Stryker is more in favor of labor protests or bowling? Or are you just wanting me to spare you from the puns? Anyway, they’re looking for a VP and IP counsel.
Oh lord, won’t you buy me a (senior counsel position at) Mercedes-Benz. My friends are all in-house. I must make amends.
If you want to make the move to be product counsel at this data company, you have to Planet out.
Tired of fishing for a place to serve as an IP services assistant? Consider applying at Troutman Pepper.
Have an open role on your team? Send a link to your job listing to community@altlegal.com, and we’ll publish it in our next newsletter.
Odds and Ends
Check out this great writeup of Brand Action for Ukraine. Whether you’re going to be in DC and can make it to the event or just want to donate, go here to learn more about the initiative.
In case you missed the TPAC meeting last week, you can find a writeup of it here.
If you have teenagers, this patented invention might stop you from having a heart attack: it is a tech solution to train new drivers. Yes, without you in the car. You’re welcome, friends.
Etsy has created an IP portal to simplify rights enforcement.