Intellectual Property 101: What Your Business Needs To Know About Trademark Law; Forbes, June 26, 2017

Art Neill, Forbes; Intellectual Property 101: What Your Business Needs To Know About Trademark Law

"Co-author Teri Karobonik contributed to this post*

When you think of a “trademark” you may think of a logo (Apple’s apple logo) or a product or service name (Forbes). You may even assume that trademarks are only a concern for internationally famous brands like fashion companies (Prada) and fast food (Pizza Hut).

In reality, trademark protection extends further than logos and can cover everything from sounds (the 20th Century Fox Fanfare before the opening movie credits), to colors (the “green” on a John Deere tractor), to the design of a taco shop.

Although many of the common examples you hear about are large corporate brands, understanding trademark protection is just as important for startups, independent creators, and small business. So what do trademarks do? They protect consumers from confusion regarding the source of products or services. As your business grows, trademarks become a significant asset because they are the way consumers identify and relate with your company.  You also need to know how and when your business can use the trademarks of other companies.

In this second part of this four part series (see Part 1 on Copyright here), we’ll break down one of the 4 main types of intellectual property (Trademark)  and explain..."

Russia Renewed Unused Trump Trademarks in 2016; New York Times, June 18, 2017

Mike McIntire, New York Times; Russia Renewed Unused Trump Trademarks in 2016

"Beyond the questions about Russian government approvals, the trademark renewals cast doubt on Mr. Trump’s oft-stated insistence that he has no business interests in Russia. Mr. Trump has made the claims in response to investigations of possible collusion between his associates and Russia during and after the election.

In January, he wrote on Twitter, “I HAVE NOTHING TO DO WITH RUSSIA — NO DEALS, NO LOANS, NO NOTHING!” He told NBC News in May that he has “no investments in Russia, none whatsoever.” And on Thursday, he expressed frustration on Twitter over scrutiny of his “non-dealings” in Russia.

Although Mr. Trump has not managed to develop hotels in Russia despite attempts over the years, and has disclosed no active business ventures there, his intellectual property holdings are a valuable commercial interest. The extension of trademarks such as “Trump International Hotel and Tower” protects his brand in that country and preserves conditions for potential business deals."

Trump Adds More Trademarks in China; New York Times, June 13, 2017

Sui-Lee wee, New York Times; Trump Adds More Trademarks in China

点击查看本文中文版

"President Trump is poised to add six new trademarks to his expanding portfolio in China, in sectors including veterinary services and construction, potentially renewing concerns about his possible conflicts of interest.

The latest trademarks expand Mr. Trump’s business interests in China, the world’s second-largest economy and a country he frequently blamed during the election campaign for the decline in American industrial jobs. Since taking office, he has softened that rhetoric.

He has nevertheless continued to receive approval in China for new trademarks. The country’s trademark office gave the president preliminary approval for six trademarks on June 6, according to the agency’s website.

Under Chinese law, a trademark with preliminary approval is formally registered after three months if the agency receives no objections."

Ivanka Trump won Chinese trademarks the same day she dined with China's president; Associated Press via Los Angeles Times, April 19, 2017

Associated Press via Los Angeles Times; Ivanka Trump won Chinese trademarks the same day she dined with China's president

"On April 6, Ivanka Trump's company won provisional approval from the Chinese government for three new trademarks, giving it monopoly rights to sell Ivanka brand jewelry, bags and spa services in the world's second-largest economy. That night, the first daughter and her husband, Jared Kushner, sat next to the president of China and his wife for a steak and Dover sole dinner at Mar-a-Lago, her father’s Florida resort.

The scenario underscores how difficult it is for Trump, who has tried to distance herself from the brand that bears her name, to separate business from politics in her new position at the White House."

32nd Annual Intellectual Property Law Conference April 4-6, 2017, Crystal Gateway Marriott, Arlington, VA

Kip Currier: 

Attending 32nd Annual Intellectual Property Law Conference

April 4-6, 2017, 

Crystal Gateway Marriott, 

Arlington, VA

Sessions and events for Day 2, Thursday, April 6:

Thursday, April 6

7:30 am – 5:00 pm	Registration
7:00 am – 8:15 am	Women in IP Law Breakfast
8:30 am – 10:00 am	Patent: AIA Trials Before the PTAB
8:30 am – 10:00 am	Trademark: Shush - Are We Permitted to Say...?
8:30 am – 10:00 am	Copyright: Are The Times A-Changin' in Copyright Law?
10:15 am – 11:45 am	Patent: Patent Year in Review
10:15 am – 11:45 am	Trademark: Here Comes the Judge: Mock Preliminary Injunction
10:15 am – 11:45 am	Copyright: DMCA 101: Post-Lenz
12:00 pm – 1:30 pm	Keynote Speaker Luncheon Featuring: Maureen K. Ohlhausen · Commissioner · Federal Trade Commission · Washington, DC
1:45 pm – 3:15 pm	Specialty: The New Landscape of Trade Secrets
1:45 pm – 3:15 pm	Specialty: The (Gold) Stars Realigned: Post Brexit UK
1:45 pm – 3:15 pm	Specialty/Ethics: Ethics in IP: Interactive Round Tables
3:30 pm – 5:00 pm	Specialty/Patent: What Makes a Valuable IP Portfolio?
3:30 pm – 5:00 pm	Specialty: All the Crime We Cannot See
3:30 pm – 5:00 pm	Specialty/Ethics: Duty of Loyalty: Avoiding Conflicts of Interest in IP

32nd Annual Intellectual Property Law Conference April 4-6, 2017, Crystal Gateway Marriott, Arlington, VA

Kip Currier: 

Attending 32nd Annual Intellectual Property Law Conference

April 4-6, 2017, 

Crystal Gateway Marriott, 

Arlington, VA

Sessions and events for Day 1, Wednesday, April 5:

Wednesday, April 5

7:00 am – 5:00 pm	Registration
7:15 am – 8:30 am	Conference Connections New Members · First-Time Attendees · Young Lawyers
8:30 am – 10:00 am	Patent: Ten Lessons for Patent Prosecutors from Litigation
8:30 am – 10:00 am	Trademark: Get Ready for Cuba!
8:30 am – 10:00 am	Copyright: Legal Compliance... I Choose You!
10:15 am – 11:45 am	Patent: Ask the Office: Hot Topics from the US Patent and Trademark Office
10:15 am – 11:45 am	Trademark: Gripe Sites and Takedown Notices
10:15 am – 11:45 am	Copyright: Copyright 2016 at a Gallop
12:00 pm – 1:30 pm	Mark T. Banner Awards Luncheon
1:45 pm – 3:15 pm	Patent: Save the Date: Priority Practice Points
1:45 pm – 3:15 pm	Trademark: The USPTO Speaks: An Update from the USPTO and TTAB
1:45 pm – 3:15 pm	Copyright: Securitizing of Artists' and Athletes' Careers
3:30 pm – 5:00 pm	Specialty: Implicit in Your Practice
3:30 pm – 5:00 pm	Trademark/Copyright: Not in My Backyard: Blocking Infringement at the Real and Virtual Border
3:30 pm – 5:00 pm	Specialty: Cannabis: Examination of IP
5:00 pm – 6:00 pm	Reception: Opportunities for Publishing with the ABA-IPL Section
6:15 pm – 7:15 pm	Sponsor Reception
7:30 pm – 9:30 pm	Conference Reception: Taking it Back...To the 80s
9:30 pm – 10:30 pm	LGBT Diversity Dessert Reception

Why Trademarking a Scent is Actually Really Hard; Inside Counsel, March 22, 2017

Amanda Ciccatelli, Inside Counsel; 

Why Trademarking a Scent is Actually Really Hard

"“The biggest challenge for registering scents is that they can be subjective and therefore very difficult to register,” said Marjure. “Perception of smell can be a very individual human experience.  Sometimes the smell can even cause a negative or unpleasant reaction.”"

The day of Trump toilets and condoms in China may have just ended. Here's why that's controversial; Los Angeles Times, March 6, 2017

Jessica Meyers, Los Angeles Times; 
The day of Trump toilets and condoms in China may have just ended. Here's why that's controversial

"Could Trump benefit from the decision?

Some analysts believe investors, wary about the delicate relationship between China and the U.S., will veer away from anything bearing Donald Trump’s name. But two chief ethics lawyers under former Presidents George W. Bush and Barack Obama argue China could still use Trump’s ties to his family empire to influence policies.

They’re part of a lawsuit filed in federal court in New York that alleges the president’s foreign business connections violate the Constitution.

“We should be seriously concerned about Mr. Trump’s ethical standards,” [Haochen] Sun [director of the Law and Technology Center at the University of Hong Kong and a specialist in intellectual property law] said. “The registration carries the message that Trump is still doing business.”

From Trump the Nationalist, a Trail of Global Trademarks; New York Times, February 21, 2017

Danny Hakim and Sui-Lee Wee, New York Times; 

From Trump the Nationalist, a Trail of Global Trademarks

"The trademarks are the natural outgrowth of a global-spanning strategy. Like any businessman, Mr. Trump has long sought to protect his brand and products legally with trademarks, whether by registering a board game he once tried to sell, slogans like “Make America Great Again” or simply the name “Trump.”

But the trail of trademarks offers further clues to his international business ties, which leave the president vulnerable to potential conflicts of interest, or at least perception challenges. The Chinese government’s trademark announcement last week came just days after Mr. Trump retreated from challenging China’s policy on Taiwan in a call with China’s president, Xi Jinping.

The Times review of nine databases identified nearly 400 foreign trademarks registered to Trump companies since 2000 in 28 countries, among them New Zealand, Egypt and Russia, as well as the European Union. There are most likely many more trademarks, because there is no central repository of all trademarks from every country. The Trump Organization has been filing trademarks for decades, and has said that it has taken out trademarks in more than 80 countries."

3 companies apply to patent 'fake news'; CNN Money via http://www.local10.com ABC affiliate, 2/10/17

Heather Long, CNN Money via http://www.local10.com ABC affiliate; 

3 companies apply to patent 'fake news'

[Kip Currier: I just posted (see post below this one) this CNN Money story by Heather Long, and then saw this version of the same story posted by local10.com WPLG in South Florida. In the original CNN Money article, Heather Long correctly used "trademark" in the headline. Inexplicably and mistakenly, local10.com WPLG changed the term "trademark" to "patent", rather than just going with the correct headline Heather Long had used.

(Psst...WPLG--trademarks and patents are different types of Intellectual Property!)

Looks like someone in that newsroom needs a primer on the different types of Intellectual Property (an *opportunity* for WPLG General Counsel?). Or an editor who understands the IP distinctions.]

The most dramatic patent and copyright cases of 2016; Ars Technica, 12/30/16

Joe Mullin, Ars Technica; 

The most dramatic patent and copyright cases of 2016:

"Many of the biggest legal disputes in technology relate to "intellectual property," a broad term used for laws relating to everything from copyrights to patents, trademarks to trade secrets. This year saw significant changes in the copyright and patent landscapes. "Patent trolls" who sue technologists for fun and profit got smacked down by courts more often—and harder—than ever before. At the same time, universities were filing patent lawsuits at an increased rate, and often winning.

In the copyright realm, the Oracle v. Google trial dominated the spring. A jury was left to decide the murky rules about when using an API could be "fair use." That legal uncertainty led to the two tech giants clashing over the ethics of each others' business practices and the history of the smartphone industry.

In two very different cases in 2016, copyright issues led to criminal charges being filed. US authorities are seeking to extradite and put on trial a man named Artem Vaulin, who they say made $16 million annually by running a massive online storehouse of pirated films and songs. And more than three years after they were condemned by a federal judge, lawyers behind a vast array of copyright lawsuits, a firm known as Prenda Law, were arrested and accused of fraud. Here's a look back at 2016's most dramatic IP cases."

Trademarks - New Year, Clean Start; National Law Review, 12/28/16

Sterne Kessler, National Law Review; Trademarks - New Year, Clean Start:

"As 2016 draws to a close, now is the perfect time to slow down (or at least try), wrap up loose ends, and plan for the promise and possibility of a new year.

For businesses, the holidays are a particularly good time to take stock of assets and consider opportunities on the horizon.  And, because brand assets are among a business's most valuable properties, taking a year-end look at trademarks is a great way to ensure the portfolio is primed to work for the business in the coming year.   

Following are some tips to help kick-start an annual year-end trademark audit..."

Is Coopting Graffiti Artist's Street Cred A Fair Use?; Mondaq, 12/5/16

Nicholas M. O'Donnell, Mondaq; Is Coopting Graffiti Artist's Street Cred A Fair Use? :

"The estate of Dashiell "Dash" Snow, better known as graffiti artist "Secret Snow"— has sued McDonald's over allegedly infringing use of Snow's street art in McDonald's dining rooms. The lawsuit in the Central District of California is the latest in a series of cases in which street artists are asserting their rights in copyright without any concession about whether the creation has other legal issues (i.e., trespassing or vandalism). Based on the survival of other recent similar cases, this latest case could be a headache for the giant restaurant chain, though it may have interesting fair use arguments based on the contrasting nature of the street vs. corporate uses...

The Dash Complaint also picks up on the theory that survived dismissal in the Tierney v. Moschino case involving street artist "Rime"—namely, that identifiers in the images themselves violate the "copyright management information" (CMI) provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 1202. This is somewhat different than the Tierney case, however, because in that matter the plaintiff alleged that deleting his signature interfered with CMI, while here Dash's estate argues that the presence of his signature creates an unwarranted association between him and McDonald's.

The case is a reminder of how quickly what was once examined has now become routine—the idea that street art, whether or not painted on property with permission—can be protected under copyright."

Michael James Delligatti, Creator of the Big Mac, Dies at 98; New York Times, 11/30/16

Kevin Rawlinson, New York Times; Michael James Delligatti, Creator of the Big Mac, Dies at 98:

"Most memorable was the ad campaign, begun in 1974, in which actual customers tried to recite the ingredients in a Big Mac, with comic results, before a chorus jumped in and smoothly sang the now-famous jingle.

“It wasn’t like discovering the light bulb,” Mr. Delligatti told John F. Love, the author of “McDonald’s: Behind the Arches” (1986). “The bulb was already there. All I did was screw it in the socket.”...

...[T]he sales remain huge, leading many to believe that Mr. Delligatti, as its inventor, must have reaped a windfall worth billions.

Not so. “All I got was a plaque,” he told The Pittsburgh Post-Gazette in 2007."

How To Protect Your Trade Mark From Becoming a Generic Term; Lexology, 11/3/16

Baker & McKenzie, Lexology; How To Protect Your Trade Mark From Becoming a Generic Term:

"The term “brand genericide” has been used to describe the process where a trade mark brand owner, sometimes unknowingly, participates in the destruction of the distinctiveness of its trade mark. Indeed, trade mark history is full of examples of marks - often for innovative products - that have become generic: Linoleum, Escalator, Shredded Wheat, to name but a few. The well-known phenomenon of "genericism" affects various industry sectors, including the food and beverages industry: NESTLE, M&M's, COCA-COLA, TABASCO all had to deal with the risk of genericism in one way or another. Read on for practical tips which will to prevent your trade marks from becoming a common descriptive name and potentially entering the public domain."

Pro athletes and the things they trademark; CNN Money, 8/19/16

Ahiza Garcia, CNN Money; Pro athletes and the things they trademark:

"Olympians know what they're worth.

That's why they trademark their names, catchphrases and logos -- things they think might turn into money-making ventures down the line. Sprinter Usain Bolt, for instance, trademarked an icon of the "lightening bolt" stance he's so well known for.

And it's not just Olympians -- plenty of pro-athletes seek trademarks to make money outside of their playing careers...

Bolt can't trademark the actual physical pose -- only symbols, words, phrases and designs can be trademarked, according to Professor J. Gordon Hylton of the University of Virginia School of Law.

Also, applicants must show that their trademark will be used on commercial goods, and it can't go unused for more than three years."

Olympic lawyers go for gold in trademark protection; CNBC, 8/18/16

Nicholas Wells, CNBC; Olympic lawyers go for gold in trademark protection:

"The Olympic games may be coming to a close in Brazil, but Olympic lawyers are still working hard in the U.S.

The U.S. Olympic Committee has come under fire this year for sending warning letters to businesses tweeting with "official" Olympic hashtags like "#TeamUSA" and "#Rio2016." But this isn't the first time the USOC has taken steps to protect its trademarked assets. Legal actions involving the USOC have become as routine as the games themselves.

Part of it is due to the special permission afforded the USOC in defending its intellectual property, and some is an abundance of intellectual property to be defended."

FAN-MADE "MARVEL ULTIMATE ALLIANCE" TRAILER IS INHUMANLY EPIC; Comic Book Resources, 7/12/16

Brandon Staley, Comic Book Resources; FAN-MADE "MARVEL ULTIMATE ALLIANCE" TRAILER IS INHUMANLY EPIC:

"This fan-made trailer for a fictitious “Marvel Ultimate Alliance” movie will have you wondering less about "Who would win in a fight between…," and more about, "Man, how cool would this team-up be?"

The trailer, crafted by YouTube user and veteran fan-film creatorAlex [sic] Luthor, takes on the moniker of the video game series by the same name to present a supercut of Marvel characters in film throughout the years, edited to appear as though they are all sharing the screen for one ensemble super-hero movie to end them all."

Difference between trademark, copyright and patent; YourStory, 6/24/16

Nikita Bhatia, YourStory.com; Difference between trademark, copyright and patent:

"Intellectual property is a vast and complex term. Many a time people are confused or have incorrectly used the terms in intellectual property law. They have spoken of “copyrighting” an idea or even “patenting” a book! To understand these terms, it is essential to know what is Intellectual Property and what all does it entail."

Citigroup Sues AT&T Over 'Thanks' Word: Copyright Infringement; Tech Times, 6/12/16

Horia Ungureanu, Tech Times; Citigroup Sues AT&T Over 'Thanks' Word: Copyright Infringement:

[Kip Currier: 2 mistakes in this Tech Times article: 1. In the headline. Copyright is neither relevant nor at issue in this case. 2. The Tech Times article's author says "Gizmodo showcases a picture of the patent, in case you need to see it to believe it.", but Patent is not relevant in this case either.

These are two striking examples of how different types of intellectual property are so often misunderstood and confused with one another. This story is an example of Trademark and Gizmodo gets the story right.]

"An unlikely lawsuit started as Citigroup filed a complaint against AT&T, which the credit card company says is infringing upon its trademark.

AT&T did not steal Citigroup's logo or slogan or anything of the sort, but it did have the audacity to use the word "thanks" in a campaign addressing customer-loyalty. The bank sued the telecom company, underlining the fact that it has secured a trademark for the word "thanks" some years ago.

This is not a late April Fool's Day joke, although we really wish it was.

According to the legal complaint that was filed in a Manhattan federal court, AT&T's campaign infringes a few of the trademarks of Citigroup. For example, the credit card enterprise owns both "Citi ThankYou" and "ThankYou." Gizmodo showcases a picture of the patent, in case you need to see it to believe it.

As a reminder, Citigroup has been making use of the "ThankYou" trademark since 2004, when it began a customer-loyalty program. The company says that over seven million of its clients have credit cards with the ThankYou slogan written in big letter across them."