I ♡ Trademarks NewsletterIssue #451
Bri Van Til | September 30, 2025
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Close Call
Target has opposed a handbag designer’s trademark applications for AUPEN, citing concerns about confusion with the retailer’s AUDEN marks. To make matters more complicated, it appears that Aupen owner Nicholas Tan has had some legal challenges in Singapore for his social media posts about the dispute.
The CAFC is telling the TTAB to try it again with a case where the appeals court says they were inconsistent in applying the DuPont factors. For a reminder about what the DuPont factors are, why they’re relevant, and how they’ve been applied, check out this past webinar.
On appeal, Jägermeister has blocked a competitor’s EU trademark application, despite the marks having only “remote conceptual similarity.”
The Delhi High Court has found that these shoes Croose the line into CROCS’s territory.
Class Action
If you happen to be in Tokyo next week, 1. I’m jealous. You should have brought me with you, and 2. This conference is happening there, so sign up!
There’s so much to be said about Taylor Swift’s IP strategies, but these scholars will summarize the love story in 90 minutes. Register here, and you’ll be so hooked on Swift IP that you won’t be able to shake it off.
Sometimes the best answer to a dispute is a coexistence agreement. Come to this webinar next week to hear fabulous tales of peaceful coexistence. And some horror stories, too, of course.
Whether you’re a seasoned pro at the existing eMadrid system or you’ve never used it before, it’s all changing, so don’t miss this webinar next month to learn all about the new platform.
Heard Immunity
What protections exist for a voice? Copyrights? Trademarks? Rights of publicity? As replicating them gets easier and easier, it has to make us think about voices, faces, and everything that goes into a deepfake.
Looking for something fabulous to listen to? Check out the latest issue of The TMA Talk Show podcast, a fun look at different aspects of the trademark industry.
This scuffle over the JADE trademark—’90s kids will remember the band’s song “Don’t Walk Away”—is a reminder about the power of contracts. My love won’t hurt you, but you not having a contract might. I’m only a little sorry if that song stuck in your head now.
Professional Concerns
Did this listing for a trademark prosecution paralegal make you Pirkey? Apply now!
I saw this AGC job listing, so I thought I’d Post about it here.
There are a lot of arguments for why you should apply for this senior counsel position, but they all lead back to the central Thesis that you’d be amazing there.
Pretty up your résumé and slide on over to this job listing and apply to be lead commercial counsel for Canva.
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
Does reliance on AI disrupt student learning, and, if so, how should law schools address AI in the classroom?
Zillow is being sued for allegedly infringing copyrighted images of real estate listings, and the suit could cost the platform billions. I guess you could say it’s something they’ll need to address.