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
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)
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.
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?
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!!
This is sort of interesting:
Amazon targets multiple bad actors in novel lawsuit, further protecting selling partners from fraud https://t.co/WcCWcS1TNq
@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.
@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.
@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?
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
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
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
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
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