This article was originally published on April 12, 2021. It was published with updates on April 26, 2024. IP and Trademark Docketing Software Cost IP docketing software is a powerful tool that helps attorneys stay on top of their deadlines, organize their trademark, patent, and other filings, and create reports for both internal and external stakeholders. Having an efficient docketing system helps IP professionals maximize profits by reducing the costs of missed deadlines and the time/costs of manual docketing. It is also important from an ethical perspective to understand technology and imple ..read more

Litigating Circumstances This case about Bank of America’s Erica virtual assistant underscores the significance of actual and demonstrable use in commerce. Go here to watch the recording of last week’s wonderful webinar about trademark litigation. Here’s a nice (client-targeted) reminder that successful copyright claims can come with attorney fee awards. Adidas is appealing its defeat in its suit against Thom Browne. I don’t know how many times they’ll try that, but I think the rule is three stripes you’re out. I Object Someone has filed a trademark application for DIDDY DO IT ..read more

A Rare Vintage Chanel is seeking a permanent injunction to prevent secondhand retailer What Goes Around Comes Around from using their trademarks. WGACA is asking a judge to dismiss the injunction, of course. This do-over lawsuit in the UK about a resold counterfeit Hermès Birkin bag is complex and fascinating. The article is a handy second-hand accounting of a second lawsuit about a second-hand handbag. Penn State v. Vintage Brands will hinge on whether ornamental use is an adequate defense against allegations of trademark infringement. AI Where are all the lawsui ..read more

This article was originally published on March 18, 2020. It was republished with updates on March 31, 2024. At its most basic level, trademark docketing is keeping track of statuses and the numerous deadlines associated with trademark applications and registrations. Before the advent of software and databases, docketing would have been done manually with a journal or calendar. Some attorneys still use manual processes like these although most are discouraged for malpractice reasons (more on that here and here). Indeed, most calendaring and journaling today is done electronically. Why do I need ..read more

Fake Me Out There is an artist on Spotify who has released over 2500 songs using over 650 different fake names. Collectively, his songs have a higher play count than does Metallica, and he’s “well on his way to overtaking The Beatles.” Apparently counterfeit goods in Italy bring in a lot of cash for the mafia. The issue is so bad that the EUIPO estimates it costs the fashion sector 1.7 billion Euros per year. This article about fake firms and fake takedown requests is next level. For real. Food for Thought People are burning mad that Momofuku applied for a trademark for&nbs ..read more

Conducting trademark clearance searches is both an art and a science, and it is a fundamental element of an overall trademark strategy. Not all searches are the same in scope or intent, and conveying results to the client in a way that they can understand and act upon takes careful consideration. Join us on Thursday, May 9 at 4:00pm(ET) for a webinar where Saunders & Silverstein LLP attorney Matt Saunders will guide you through selecting the appropriate search strategy for different situations and clearly communicating that strategy to clients in opinion letters. Topics will include: Whic ..read more

Social Media Elon Musk and X have managed to avoid many, but not all, of the contributory copyright infringement claims they face. Would forcing TikTok to sell its platform or face a ban violate the First Amendment? A Spanish judge has ordered a block of social media platform Telegram after the platform refused to identify users suspected of piracy. This explanation of what to do if a social media account is hacked is a good example of relevant but not wholly IP-related content to put on your firm’s site. Do You Want to Know a Secret? A Chinese national has been arrest ..read more

This past week, we were thrilled to welcome 150 trademark professionals to our sold-out event in midtown Manhattan: Alt Legal & Corsearch Live! Four years ago this week, we intended to host our first in-person event in Brooklyn, New York. But in March 2020, life had other plans, and the pandemic led us to switch gears. We pivoted to host Alt Legal Connect as a virtual conference, offering a truly unique experience for trademark professionals to learn and come together. Over the past four years, we’ve hosted Alt Legal Connect remotely multiple times, welcoming hundreds of like-minded, forwa ..read more

As EU Like It Read about some of the complexities of EU trademarks here. The EUIPO has refused the application for RUSSIAN WARSHIP, GO F**K YOURSELF, saying the phrase “lacks distinctive character.” To learn about how to protect trademarks in the EU, check out this Alt Legal webinar recording from last year. This webinar in September will teach you all about trademark enforcement in the EU. Tech What You Can Get The US Copyright Office and USPTO just released their joint report about NFTs. You can download it here. In China, Huawei registered a trademark for VISIO ..read more

By the Numbers The number of global trademark applications fell in 2022, but they bounced back last year. L’Oréal was the top global filer of trademarks last year. Because they’re worth it. Last year, 2/3 of issued utility patents were “software-related.” Check out more fun patent stats from last year here. Learn into It This is your last chance to get tickets to Alt Legal and Corsearch Live next week. Get in while you still can! Join the TMAE next month for this webinar, where two members of Microsoft’s legal team will show you how to use basic Office Suite products to boost yo ..read more