Biltmore Company wins trademark infringement case; WLOS, May 22, 2017

Jennifer Saylor, WLOS; 

Biltmore Company wins trademark infringement case

"The verdict is in, and the plaintiff, the Biltmore Company, has won a trademark infringement case between it and Biltmore Bride, Prom and Tux.

The Biltmore Company sued the bridal company, claiming trademark infringement and cyberpiracy, as well as unfair and deceptive trade practices."

How to Fight Back Against Revenge Porn; New York Times, May 18, 2017

Niraj Chokshi, New York Times; 

How to Fight Back Against Revenge Porn

"Consider criminal action

Despite increasing awareness about the issue, many officials may still be unaware of legal protections in place for victims of nonconsensual porn, according to the Cyber Civil Rights Initiative. So victims should researchstate laws targeting nonconsensual porn before approaching the authorities.

And while the decision to prosecute lies with the government, victims can help by providing documentation. “In order to have a successful prosecution, you’ve got to have evidence,” Ms. D’Amico said.

Victims may help to strengthen a case, and penalty, by highlighting violations of related laws, including those aimed at child pornography, harassment, stalking, extortion and copyright. The Initiative maintains a list of such laws and encourages victims to bring printed copies when filing a police report."

The World’s Best-Selling Drug Just Lost a Key Patent Battle; Fortune, May 18, 2017

Sy Mukherjee, Fortune; 

The World’s Best-Selling Drug Just Lost a Key Patent Battle

"The rheumatoid arthritis and psoriasis medicine has recently been a target of biopharma companies that are trying to make generic Humira copycats called "biosimilars."...

Once the drug does fall off the patent cliff, however, AbbVie could be in for some rough times. Humira sales make up more than 60% of its revenues."

What the world’s most avid pizza box collector thinks of Apple’s patented pizza box; Washington Post, May 19, 2017

Herman Wong, Washington Post; What the world’s most avid pizza box collector thinks of Apple’s patented pizza box

"The wider world became aware of the circular carrier with a perforated lid after it was mentioned briefly in a recent Wired article about Apple Park, the Silicon Valley giant’s new campus in Cupertino, Calif. In a parenthetical, the magazine noted that Francesco Longoni, “the maestro of the Apple Park café, helped Apple patent a box that will keep to-go pizzas from getting soggy.” A caption added that it was “for workers who want to take the café’s pizza back to their pods.”

The patent describes the container as “a lid portion that is coupled to the base portion through a hinged connection such that the entire container is singularly constructed from a single piece of material.” Or you could just look at this video..."

Google Just Dropped Some of Its Patent Claims Against Uber; Gizmodo, May 17, 2017

Kate Conger, Gizmodo; 

Google Just Dropped Some of Its Patent Claims Against Uber

"Waymo quietly dropped several of the patent claims in its explosive lawsuit against Uber last night, admitting in a new court filing that although it stands behind its allegations of trade secret theft and may pursue new patent claims later, it isn’t moving forward with its current patent infringement claims against one of Uber’s lidar devices."

"Foolish Visionary"; Bizarro, May 20, 2017

Dan Piraro, Bizarro; "Foolish Visionary"

Can You Copyright Your Dumb Joke? And How Can You Prove It's Yours?; NPR, May 17. 2017

Laurel Wamsley, NPR; 

Can You Copyright Your Dumb Joke? And How Can You Prove It's Yours?

"In 2008, law professors Dotan Oliar and Christopher Sprigman published a paper that explored the norms comics had established to protect their intellectual property: their jokes...

Can you really copyright a dumb joke?

"The question really focuses on originality, and there is no freestanding barrier to copyright extending to a joke on any topic ... so long as that joke meets the fairly minimal requirements for originality," says Perzanowski. "That means it has to demonstrate some low level of creativity and importantly that it not be copied from some other source."

"Copyright will give you protection for this specific arrangement of words," he says, but not for a whole subject matter.

When it comes to topical comedy, he says, the question is whether one can separate an idea (which can't be copyrighted) from its expression (which can).

Judge Sammartino agrees. "[T]here is little doubt that the jokes at issue merit copyright protection," she writes, citing the relevant case law, "noting originality requires only independent creation of a work that 'possess[es] some creative spark, "no matter how crude, humble or obvious" it might be.'"

However, she adds, the jokes here "are similarly constrained by their subject matter and the conventions of the two-line, setup-and-delivery paradigm."

The result is that for O'Brien's jokes to infringe on Kaseberg's copyright, they must be "virtually identical," one step below verbatim."

Remarks by Director Michelle K. Lee to Commemorate World IP Day 2017; U.S. Patent & Trademark Office, April 26, 2017

U.S. Patent & Trademark Office; Remarks by Director Michelle K. Lee to Commemorate World IP Day 2017

"Remarks by Director Michelle K. Lee to Commemorate World IP Day 2017

For more than two centuries, the United States of America has promoted and protected intellectual property rights. In the process, we have made revolutionary advances in science and technology. We have become a global leader in innovation, and we have helped create a strong IP system throughout the world. The USPTO is committed to continue working with the IP offices of the world to ensure that all of our IP systems continue to foster innovation.

The theme of this year’s World IP Day—improving lives through innovation—could not be more relevant. We have seen the profound impact that good ideas, protected through a world-class IP system, can have on humanity. From new and powerful technology that we can wear on our wrists and carry in our pockets, to new methods of diagnosing and treating disease, intellectual property can not only improve lives, it can save lives. It can also create new jobs and grow our economy, which is why we must always ensure that our IP system supports small businesses, startups, and individual inventors. Rewarding new ideas with IP rights guarantees that new improvements keep coming. In fact one of you may hold the next idea that could shape our lives for years to come.

So, please, get out there and invent and create. And don’t forget to protect your great ideas. Thank you for being a part of World IP Day!"

Fair Use Too Often Goes Unused; Chronicle of Higher Education, May 10, 2017

Noah Berlatsky, Chronicle of Higher Education; 

Fair Use Too Often Goes Unused

"Only if authors can’t track down permissions holders, [Julia] Round [editor of the journal Studies in Comics] said, does the journal consider printing small images under the legal doctrine of fair use.

But while publishers want authors to get permission, the law often does not require it. According to Kyle K. Courtney, copyright adviser for Harvard University in its Office for Scholarly Communication, copyright holders have certain rights — for instance, if you hold rights for a comic book, you determine when and by whom it can be reprinted, which is why I can’t just go out and create my own edition of the first Wonder Woman comic. But notwithstanding those rights, fair use gives others the right to reprint materials in certain situations without consulting the author — or even, in some cases, if the author has refused permission...

Seeking permission may seem safe, but it can have serious ethical and practical downsides."

A Fair Use Primer for Graduate Students; Inside Higher Ed, May 4, 2017

Heather Van Mouwerik, Inside Higher Ed; 

A Fair Use Primer for Graduate Students

"Although we, as graduate students, frequently employ materials under this provision, I find we rarely take time to understand exactly what it entails. I have come across professors and other instructors who span the gamut on this issue. Some seem to think that anything is covered under fair use, like a copyright carte blanche to do what they want with others’ materials; others interpret the flexibility as a constant threat looming over them, so they avoid utilizing copyrighted materials at all costs.

As usual, the truth lies somewhere in between. Instead, I prefer to see the fair use doctrine as a safeguard against accidental plagiarism, recognition for the rights of the original author, and protection against copyright infringement.

Because each situation is slightly different and technology far outpaces legal code, the doctrine of fair use is meant to be flexible and particular to most situations."

U.S. Judge Demands Uber Return Downloaded Documents to Waymo; New York Times, May 15, 2017

Reuters via New York Times; 

U.S. Judge Demands Uber Return Downloaded Documents to Waymo

"A U.S. judge ordered Uber Technologies Inc [UBER.UL] to promptly return any files that had been downloaded and taken from Alphabet Inc's Waymo self-driving car unit but said the ride-services company could continue work on its autonomous car technology.

The latest court ruling in a high-profile trade secrets case from U.S. District Judge William Alsup in San Francisco, made public on Monday, granted a partial injunction against Uber, which Waymo has accused of using stolen information to accelerate the building of its autonomous cars.

Alsup said in the ruling that Uber "likely knew" or should have known that the former Waymo engineer, Anthony Levandowski, who now works at Uber, took Waymo materials.

The case hinges on more than 14,000 confidential files that Waymo alleges Levandowski stole before he left the company."

The tech industry is eroding copyright law. Here's how to stop it; Los Angeles Times, May 10, 2017

Jonathan Taplin, Los Angeles Times; The tech industry is eroding copyright law. Here's how to stop it

"The only way to get Internet companies to honor the widely accepted understanding of fair use is to make it law. Although the current legal definition makes one thing crystal clear — you cannot use a work in its entirety and still claim fair use — it leaves many aspects of the doctrine open to interpretation. The Registrar of Copyrights should codify a 30-second time limit for audio and video clips and require that content be used in a transformative or interpretive way.

With concrete guidelines in place, regulation would have to be built in. For instance, when a user asserts fair use for a work that YouTube identifies as being blocked by the copyright holder, the clip would have to be sent to a human screener for evaluation. If it is longer than 30 seconds or does not appear in a transformative work, the clip would remain blocked. YouTube already has this process in place for screening pornography, ISIS videos and the like.

The ambiguous definition of fair use allows for its continued abuse, and this abuse has become a gateway for the further eroding of copyright law. By now it is well understood that the rise of tech monopolies such as YouTube and Google has hastened the decline of publishing industries. If we don’t move to safeguard copyright law now, there will be no new content to remix."

How to Patent Your Business Idea: A Step by Step Guide; Small Business Trends, May 11, 2017

Due.com, Small Business Trends; 

How to Patent Your Business Idea: A Step by Step Guide

"Throughout history, ingenious and innovative ideas have been copied, or outright stolen. Guglielmo Marconi is credited with inventing the radio, even though it originated from Nikola Tesla. Nowadays it’s easy for a business owner to patent a great idea.

Robert Fulton took the idea for the steamboat engine from John Fitch. Lizzie Magie invented the board game “Monopoly” in 1903, but it was patented by Clarence B. Darrow in the 1930s. Even Apple has been accused of stealing ideas from Google, Microsoft, and Samsung.

Instead of letting another party run away with your great ideas and make a fortune, you need to protect your ideas from the get-go."

It's not what you say, it's how quickly you trademark it; Reuters, May 11, 2017

Barbara Goldberg, Reuters; 

It's not what you say, it's how quickly you trademark it

"From President Donald Trump's dash to own "Keep America Great" for his 2020 re-election campaign even before he took office to a rush by a foundation for the victims of the Sept. 11 attacks to claim "Let's Roll" just days after New York's Twin Towers were reduced to rubble, Americans [sic] rushing to trademark catchy phrases.

There were 391,837 trademark applications filed last year, with the number growing an average of 5 percent annually, government reports show. The USPTO does not break out how many of those applications were for phrases.

The upsurge is the result of headline-grabbing cases like socialite Paris Hilton's winning settlement of a lawsuit over her trademarked catch-phrase "That's Hot" from her former television reality show, said trademark attorney Howard Hogan of Washington."

Taking Pittsburgh’s Open Data on the Road; Government Technology, May 8, 2017

Robert Burack, Government Technology; 

Taking Pittsburgh’s Open Data on the Road

[Kip Currier: 2017 marks the 10th year of this blog. This post is the 3,000th:  an illustrative "lessons-learned" case study of "grassroots" Open Data sharing between City of Pittsburgh data analysts and neighborhood residents.]

"This story was originally published by Data-Smart City Solutions.

When Pittsburgh developed Burgh’s Eye View, the city’s recently-launched open data application, the city’s Analytics & Strategy team visited 26 community meetings in early 2017 to gather actionable feedback and share the application with the community...

The team of analysts offered short presentations focused on how residents might use the application to understand what’s happening in their neighborhood, solicited suggestions for improvements and additional data to include in future updates, and engaged in one-on-one conversations to gain a better understanding of individual residents’ needs.

The team had to thoughtfully consider how to “filter out the tech speak” and present in an accessible and digestible way. The resulting takeaways from the team outline pathways for transforming city analysts into user advocates, show the value of building a broad constituency and taking iterative action based on resident feedback, and provide insight into why cities should pursue open data civic engagement in addition to user research."

Intellectual Property, Long Story Short; The Scholarly Kitchen, May 9, 2017

Karin Wulf, The Scholarly Kitchen; Intellectual Property, Long Story Short

"Siva Vaidhyanathan is a professor of Media Studies at the University of Virginia, and the author of books including Copyrights and Copywrongs: The Rise of Intellectual Property and The Googlization of Everything (and Why We Should Worry). Amazon helpfully reminded me that I bought the latter just shortly after it was published in 2011, thereby underscoring one of its broader points. Googlization wasn’t about, as one review asked, whether Google “turned evil,” but about the impact of information aggregation and dissemination organized by algorithms designed for market rather than knowledge development. Awareness about the business models driving services we have welcomed into our daily practices has been a key part of recent discussions in scholarly communications, though I sometimes wonder whether we have fully digested the import of this insight or if it’s still a lump in the middle of the python. Debates about the character of search engines, analysis of scholarly research through citation and other metrics, and for-profit networks such as Academia.edu are all part of a growing comprehension that the structures around us were not built for the uses to which we put them; we search for information online, and as we do so those search engines are compiling a lot more information about us.

Vaidhyanathan has now written a book with the premise that understanding the basics, and by extension, some of the subtleties involved in how intellectual property law and practice has evolved, really matters. It’s clearly part of his larger interest in revealing, if not as dramatically as Neo taking the red pill to reveal The Matrix, the structures to which we’ve become so accustomed and the contours of which are now so indistinct that even resistance to them can be misdirected. Vaidhyanathan has chosen to (or rather, was encouraged by an editor) write this in a slightly unusual format, the Oxford University Press Very Short Introductions (VSI) series. Launched in 1995, the series of now over 500 titles offers “concise and original” treatment of a vast array of topics."

New Zealand Campaign Had Concerns Using Eminem-Like Song; Associated Press via New York Times, May 3, 2017

Associated Press via New York Times; 

New Zealand Campaign Had Concerns Using Eminem-Like Song

"De Joux said she sought and received assurances from music and advertising experts that using "Eminem Esque" would be acceptable because it was part of a licensed music library and was free from any copyright issue...

Under cross-examination, de Joux said she had not sought legal advice on using the song nor approached Eminem's representatives to get approval."

Eagles Sue Hotel California for Trademark Infringement; Hollywood Reporter, May 2, 2017

Ashley Cullins, Hollywood Reporter; Eagles Sue Hotel California for Trademark Infringement

""Through advertising targeted to U.S. consumers, and in-person communications, Defendants lead U.S. consumers to believe that the Todos Santos Hotel is associated with the Eagles and, among other things, served as the inspiration for the lyrics in 'Hotel California,' which is false," writes attorney Laura Wytsma.

"Hotel California" isn't just a hit song or the title of the Eagles' most successful album, it's the "essence of the band itself," Wytsma argues. Since the late '70s, the band has sold merchandise bearing the mark — everything from guitar picks to bathrobes to posters. (An application to register the trademark for merchandise is pending.)"

Sandy Hook father Lenny Pozner on death threats: ‘I never imagined I’d have to fight for my child’s legacy’; Guardian, May 2, 2017

Hadley Freeman, Guardian; 

Sandy Hook father Lenny Pozner on death threats: ‘I never imagined I’d have to fight for my child’s legacy’

"Pozner realised quickly that there was no point in arguing with these hoaxers, so instead he attacks through copyright law. Every day, he Googles Noah’s name to see if anyone has put up a photo or video of his son without his permission and, if so, he files copyright claims. Thanks to Pozner’s dedication and experience as an IT consultant, he has scrubbed Noah’s search results of toxic-hoaxer content. He has sued other hoaxers for invasion of privacy, and successfully petitioned a Florida university to fire a professor, James Tracy, for hoaxing. (Tracy has sued for wrongful termination.) He also founded the HONR Network, which helps grieving families deal with online abuse, and it lobbies YouTube, Google and Facebook to stop hosting such abuse. "

Chinese Government and Hollywood Launch Snoop-and-Censor Copyright Filter; Electronic Frontier Foundation (EFF), May 1, 2017

Jeremy Malcolm, Electronic Frontier Foundation (EFF); 

Chinese Government and Hollywood Launch Snoop-and-Censor Copyright Filter

"Two weeks ago the Copyright Society of China (also known as the China Copyright Association) launched its new 12426 Copyright Monitoring Center, which is dedicated to scanning the Chinese Internet for evidence of copyright infringement. This frightening panopticon is said to be able to monitor video, music and images found on "mainstream audio and video sites and graphic portals, small and medium vertical websites, community platforms, cloud and P2P sites, SmartTV, external set-top boxes, aggregation apps, and so on."...

The announcement of China's government-linked 12426 Copyright Monitoring Center is absolutely chilling. It is just as chilling that the governments of the United States and Europe are being lobbied by copyright holders to follow China's lead. Although this call is being heard on both sides of the Atlantic, it has gained the most ground in Europe, where it needs to be urgently stopped in its tracks. Europeans can learn more and speak out against these draconian censorship demands at the Save the Meme campaign website."

Asian-American Rock Band Denied Trademark For ‘Disparaging’ Name; KDKA.com, April 27, 2017

Julie Grant, KDKA.com; 

Asian-American Rock Band Denied Trademark For ‘Disparaging’ Name

"The government’s position is that the trademark registration program and trademarks generally have not historically served as vehicles for expression; they are meant to identify the source. The law is set forth in the Lanham Act which states that registration can be refused if a trademark is disparaging. Dr. Rooksby believes the provision is too arbitrary and will be invalidated by the court.

According to Rooksby, “I think Simon Tam should win the case. They’ve made a compelling argument that this provision of the trademark law is unconstitutional and this is because it’s too arbitrary. How do you apply it? What is something that’s disparaging?”

While the court weighs the arguments, the band has released an EP titled “The Band Who Must Not Be Named.” A decision is expected by the end of June."

World copyright day: NCC seizes N600m pirated books; The Guardian, April 30, 2017

Sam Oluwalana, The Guardian; 

World copyright day: NCC seizes N600m pirated books

"The Lagos State operatives of the Nigerian Copyright Council (NCC) recently impounded pirated books valued at about N600m. National President of the Nigerian Publishers Association (NPA), Mr. Adedayo Gbadega, disclosed this at a conference organised by the association in Ibadan, Oyo State, to commemorate the World Books, and Copyright Day.

With theme, “Collaborative Efforts At Curbing The Menace Of Book Privacy [sic] In Nigeria,” the event served as platform for major stakeholders in the industry to air their views on copyright and piracy in the country.

According to Gbadega, books and other intellectual materials have suffered a lot from the hands of pirates and this has caused a lot of conflict between publishers and actors, who see their books all over the place, but have nothing in term of financial rewards to show for it."

'It's a lot bigger than the band': The Slants challenge ruling rejecting trademark for their name; Pittsburgh Post-Gazette, April 27, 2017

Paula Reed Ward, Pittsburgh Post-Gazette; 

'It's a lot bigger than the band': The Slants challenge ruling rejecting trademark for their name

[Kip Currier: Fascinating panel discussing Lee v. Tam case and broader issues of trademark law and free speech. The Slants performed after the panel. I spoke with the defendant, Simon Tam, who was a member of the panel and did a masterful job using "story" to make his points, and he insisted that the rest of the band sign the band poster I bought.]

"“I should be able to say what I want to say that my community doesn’t find offensive,” Mr. Tam said. “At the end of the day, it’s a lot bigger than the band.”

On Thursday, Mr. Tam and his bandmates — he describes their music as 80s-inspired synth pop — spoke at a panel discussion at Duquesne University before an evening performance. It’s part of a six-week tour that has hit clubs, law schools, intellectual property workshops and anime conferences.

The tour is to raise awareness of the ongoing court case, Lee v. Tam. In it, the U.S. Patent and Trademark Office appealed a decision by the U.S. Court of Appeals for the Federal Circuit, which found in Mr. Tam’s favor in December 2015.

Mr. Tam’s original trademark application, made in 2009, was rejected because it was found to violate the Lanham Act, which prohibits a trademark if it “consists of matter which may disparage persons, living or dead, institutions, beliefs or national symbols, or bring them into contempt, or disrepute.”"

April 27, 2017 Panel: A Name Worth Fighting For? The Slants, Trademark Law, and Free Expression; Duquesne University, Pittsburgh, Pennsylvania

[Kip Currier: Looking forward to attending this panel--addressing very interesting IP and free speech issues--and hearing the band play afterwards]

A Name Worth Fighting For? The Slants, Trademark Law, and Free Expression

Event Date: 

Thursday, April 27, 2017 - 4:30pm to 7:00pm

Event Location:

• Union Africa Room (3rd Fl.)

Event Audience:

• Alumni
• Current Students
• General Public

Cost: 

$60.00 
$60 or $50 for CLE Program, Reception, and Music

Continuing Legal Education

A Name Worth Fighting For? The Slants, Trademark Law, and Free Expression 

Join Duquesne Law, the Pittsburgh Intellectual Property Association, and the Federal Bar Association’s Pittsburgh chapter for a special program about the rock band that is the subject of a current U.S. Supreme Court case. 

The continuing legal education (CLE) course focuses The Slants, an Asian-American musical group whose trademark application was denied for its use of a term deemed derogatory, and the case Lee v. Tam. 

The program features Simon Tam, the band’s founder and bassist, Hon. Cathy Bissoon of U.S. District Court, Western District of Pennsylvania, and Christine Haight Farley, a law professor from American University. Associate Dean Jacob H Rooksby, an intellectual property professor at Duquesne, will moderate a discussion about trademark law, including whether the band’s choice to claim the name should be protected by the First Amendment.

The CLE will review Section 2(a) of the Lanham Act of 1946, which the U.S. Patent and Trademark Office used to deny the band’s trademark application; the U.S. Court of Appeals for the Federal Circuit’s decision reversing the trademark office’s determination; and freedom of expression issues. 

The U.S. Supreme Court heard oral argument on Lee v. Tam in January. The ongoing legal battle has been covered by the New York Times, NPR, and other media outlets. This CLE will offer insight into the fight by the band’s founder as well as an opportunity to hear the group’s music. A 45-minute concert and light reception will follow the CLE program.

4:30 p.m. – 6 p.m. CLE

6:15 p.m. – 7 p.m. Concert 

Judge tosses challenge to M-22 logo trademark; Michigan Radio, April 25, 2017

Rick Pluta, Michigan Radio; 

Judge tosses challenge to M-22 logo trademark

"A federal judge has thrown out the state’s challenge to a Traverse City business that trademarked a highway sign.

The company brands t-shirts, water bottles, wine, and other merchandise with the M-22 logo. Attorney General Bill Schuette said a company can’t do that because the sign belongs to the public. But a federal judge said the state couldn’t show how its interests are harmed by the trademark."

‘Remix’ or plagiarism? Artists battle over a Chicago mural of Michelle Obama.; Washington Post, April 24, 2017

Derek Hawkins, Washington Post; ‘Remix’ or plagiarism? Artists battle over a Chicago mural of Michelle Obama.

"Devins’s mural had only been up for a matter of hours when word got back to Mesfin. She objected to the use of her work without permission in a widely circulated Instagram post that triggered a wave of outrage online, saying she felt like Devins stole her piece.

“I was very disheartened when he did that,” Mesfin told The Washington Post. “There’s a common code among all artists that you can get inspired by someone’s work but you have to pay homage and you have to give credit for it.”...

Devins said he never intended to take credit for Mesfin’s creation, which itself was based off a portrait in the New York Times by photographer Collier Schorr. Mesfin credited Schorr’s work on her Instagram post...

Devins said he came across Mesfin’s drawing on the sharing site Pinterest and was unable to track down the artist. He explained his decision to use the image without permission in an analogy, saying he was creating a “remix” of a piece of art in the way that a DJ remixes songs."

'Reconstituted' Arthur Andersen closes U.S. offices amid trademark infringement suit; Accounting Today, April 20, 2017

Michael Cohn, Accounting Today; 

'Reconstituted' Arthur Andersen closes U.S. offices amid trademark infringement suit

"The original Arthur Andersen and Andersen Worldwide collapsed in the wake of the Enron and WorldCom accounting scandals of the early 2000s. However, the new entity's rights to the Andersen brand and trademark were challenged by Andersen Tax, a firm founded by a group of 23 former Andersen partners that has been growing its presence around the world after buying the rights to the Andersen name and changing its name from WTAS to Andersen Tax in 2014 (see Firms vie over rights to Arthur Andersen name).

Andersen Tax CEO Mark Vorsatz filed suit against Laffont-Réveilhac and several of his colleagues in France and the U.S. accusing them of trademark infringement, as the legal battle grew more contentious (see Dispute over Arthur Andersen name heats up). With former CEOs and managing partners of the original Arthur Andersen throwing their support behind Andersen Tax, along with the founder's great-granddaughter Kristin Andersen, the new Arthur Andersen canceled a press conference that was scheduled for last month in New York in which it had promised to answer questions about the dispute and provide testimonials from several Andersen alumni (see Former Andersen chiefs support Andersen Tax in dispute over Andersen name and Dispute over Arthur Andersen legacy continues)."

Four Reasons EMC Was First To Use A Trademark And Still Lost Its Case; Forbes, April 19, 2017

Jess Collen, Forbes; 

Four Reasons EMC Was First To Use A Trademark And Still Lost Its Case

"Do you get superior rights to use a trademark when you are the first to file for registration with the United States Patent and Trademark Office?

Not necessarily. A lot of companies know this already. The earliest date of first use usually prevails, even over a federal trademark registration. Sometimes, the question of “who did what, and when?” is difficult to sort out. To earn trademark rights, you must use the mark in a way that creates a sufficient association between your trademark, and your product, in the minds of the purchasing public. Not all use is created equal."