I ♡ Trademarks NewsletterIssue #379
Bri Van Til | April 02, 2024
Artists
How are artists using generative AI in their works?
With the ELVIS Act, Tennessee has passed legislation to protect musicians’ voices from deepfakes. The artists say: “Thank you. Thank you very much.”
The Warhol decision has been used as a precedent to determine that clips featured in Tiger King were not fair use.
What’s going on with the demo tapes Marvin Gaye recorded and gifted to his Belgian host 40 years ago? Does the music belong to the recipient? I heard it through the grapevine that Belgian trademark law might mean the recipient’s got to give it up. Me, I say let’s get it on the radio so we can all hear these gems!
Wait, I’m Confused
Retailer Alibaba is suing Alibabacoin for trademark infringement, claiming the cryptocurrency company’s “prominent, repeated, and intentionally misleading” use of its marks is intentional.
This Second Circuit decision about the use of a competitor’s incontestable trademark as a descriptor is an issue to, erm, watch out for.
TTAB determined that a descriptive term doesn’t necessarily need to be disclaimed as long as it’s part of a “unitary, non-descriptive whole” that’s not descriptive.
I’m Kind of a Celebrity
The Judd Foundation is suing Kim Kardashian for calling the table and chair set she owned “Donald Judd tables” when they weren’t.
This article seeks to remind clients about the limits on celebrity trademarks, including for things like common expressions.
What sorts of strategies do celebrities employ when applying for trademarks, and what can they teach us?
Gwyneth Paltrow is being accused of trademark infringement for her female health care line, GOOP.
Professional Concerns
If you applied for this position, you could be the (associate) counsel for the Council (for the Arts). I’d counsel you to do so, counselor.
EquipmentShare is looking for IP counsel, so I’m providing a ListingShare.
There are a Whole lot of reasons to apply to be ecommerce senior counsel at Whole Foods.
This listing for a trademark associate at Lloyd & Mousilli makes me think of breakfast cereal. Wouldn’t it be grain if you got the gig?
I’m betting on you for this counsel position at RaceTrac.
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
If you’re looking to automate and simplify your docketing, of course Alt Legal is the way to go. But if you’re looking to automate and simplify other tasks, join the TMAE for this webinar tomorrow, where members of Microsoft’s trademark team will give you all sorts of great suggestions.
Is AI’s use of our data and creations a form of colonialism?
A European court found that the color of LVMH’s Veuve Clicquot champagne packaging lacks secondary meaning. so they invalidated the mark. Orange you sad about that?
What are some IP issues to think about when it comes to mergers and acquisitions?