Rick Sanders

General Counsel at Software Freedom Conservancy. Experienced IP litigator & longtime legal blogger on copyright and trademark issues. Giant GenX nerd.

[Rick Sanders @RickSandersLaw]

@lexlanham Me (but it’s a recent development)

[Franklin Graves 🚀 @franklingraves]

What a day! 🔥 We have four incredible decisions released from the U.S. Supreme Court across intellectual property and internet law.

I’ll help break it down with a quick first pass at what the outcomes have been for four cases.

🧵

#SupremeCourt #SCOTUS

[Rick Sanders @RickSandersLaw]

I heard they workshopped "Certified Political Genius," but the focus group just laughed

[Rick Sanders @RickSandersLaw]

If you're in TN, this blog post about #trademarks is bizarrely timely. (Mr. Sexton is the Speaker of the state House, and he's currently presiding over certain expulsion hearings that have generated significant national coverage)

[TTABlog @TTABlog]

TTABlog Test: Which of These Three USPTO Refusals Was/Were Reversed? https://t.co/lbTy1W6ceN

[Rick Sanders @RickSandersLaw]

I started at big law firms, so this doesn't bother me as much as it bothers some others. BUT a culture where you can't admit to not knowing something is one more focused on covering your ass & covering up mistakes, than it is trying to do quality work.

[Rob Freund @RobertFreundLaw]

Imagine sitting through this presentation, allegedly from a Paul Hastings "PE/M&A Junior and Midlevel Training Session" put on by a senior associate.

You are a waiter at Alinea? Are they "online 24/7" too?

[alexandra j. roberts @lexlanham]

monster energy: we will UNLEASH THE BEAST!

us: ok, what's the beast

monster energy: it's, uhh, our trademark lawyers

us: & what happens when they're unleashed

monster energy: they will send baseless cease & desist letters. to everyone. everyone!!

[Rick Sanders @RickSandersLaw]

This is sort of interesting:

Amazon targets multiple bad actors in novel lawsuit, further protecting selling partners from fraud https://t.co/WcCWcS1TNq

[Rick Sanders @RickSandersLaw]

It's a good song, worth a listen

[Nashville Cream @NashvilleCream]

ICYMI, widely loved and recently-reunited @byopband has released "Hand Grenade," their first single since 2008.
https://t.co/1ky2EF53fZ

[Rick Sanders @RickSandersLaw]

@TimberlakeLaw @JoshGerben @Prof_Farley Not unless the opposition period/extension period were still open. Which 1) would almost never be the case, and 2) isn't what happened here.

[Rick Sanders @RickSandersLaw]

@TimberlakeLaw @JoshGerben @Prof_Farley It comes back to me that, where an extension is obtained and the opposition period has closed, only the party w/ the extension may oppose during the extension. It follows then that once the extension closes, no one can oppose. Here, the extension closed same day as the Notice.

[Rick Sanders @RickSandersLaw]

@TimberlakeLaw @JoshGerben @Prof_Farley Adidas can't refile the notice opposition, right? It's too late for that? They'll need to wait when/if registration is issued & petition to cancel?

[Rick Sanders @RickSandersLaw]

And just like that, Adidas withdraws the opposition (w/o prej.)

[Rick Sanders @RickSandersLaw]

Here's the docket: https://t.co/Wq76ZQN6s0

The applied-for mark is just the three yellow horizontal lines

[Rick Sanders @RickSandersLaw]

Is there a word for a mixture of awe, horror & bad flashbacks to law school/bar exam?

[Reid Wilson @PoliticsReid]

The day before Florida lawmakers voted to create a new board overseeing Disney, the Disney-aligned old board passed an agreement basically neutering the new one, to be in effect until 21 years after the death of the last survivor of King Charles (?!?) https://t.co/S32JPlAaNc

[Tony DiTerlizzi @TonyDiTerlizzi]

When the Lady of Pain requests my presence back in Planescape, how can I refuse?

[Rick Sanders @RickSandersLaw]

Here's the docket: https://t.co/Wq76ZQN6s0

The applied-for mark is just the three yellow horizontal lines

[Josh Gerben @JoshGerben]

Adidas has taken court action to block a trademark filed by Black Lives Matter for its "Three-Stripe" logo.

Per the court filings made on March 27th, Adidas claims the Black Lives Matter stripes are too similar to its own.

A thread 🧵

#adidas #BlackLivesMatter
#BLM

[Rick Sanders @RickSandersLaw]

I guess it's going to hit everyone close to home, eventually.

[Rick Sanders @RickSandersLaw]

Of note, the ct. excused markholder's several month delay b/c 1) it was engaged in discussions with ∆, and 2) ∆'s announcement that it was soon to release a fuller-featured version was a sufficient prompt to seek immediate relief. #trademark /2

[Rick Sanders @RickSandersLaw]

Owner of TARI for blockchain protocol gets TRO vs. TARO for same, based on reverse confusion. #trademark https://t.co/Cam5H4cUTO /1

[Rick Sanders @RickSandersLaw]

You don't have to be very specific about #TradeSecrets in your complaint if you can point to specific documents where they may be found. It's just notice pleading, after all. https://t.co/Pa61COTcwv

[Rick Sanders @RickSandersLaw]

IOW, exclusive *agents* are not exclusive *licensees*, even though they have the exclusive right to license the work on the #copyright owner's behalf. /2

[Rick Sanders @RickSandersLaw]

Exclusive agency arrangements, where #copyright owner grants an agent exclusive right to arrange for exploitation of their works are common. But exclusive right to license ≠ an exclusive §106 right, so no standing to enforce the © https://t.co/B4NpzTIY9R /1