Top Tweets for #IPHAPPYHOUR
I think I'm a little late for #IPHappyHour but wondering what #trademarktwitter thinks of the nail polish brand Zoya apparently asserting claims against smaller nail polish brands that using traditionally female first names as polish names is a trademark if Zoya's.
@lilolivetree @TudorsAndTMs @internetarchive You get it! Before she gets jealous, we should probably add TESS to the list as well 🫶 #IPHAPPYHOUR
So #IPHappyHour time is technically done. Thanks everyone for participating! But we should totally keep talking on this hashtag!
We had fewer people than we did last month (it's new and I'm still figuring out how much to promote it), and I'd love to see more TM fans' opinions!
Ooo, I must have accidentally skimmed over that bit on my read through. What a weird claim to make. #IPHappyHour
@JohnEDugger @TudorsAndTMs I agree 100% this is not a trademark use on the product - it is a decorative use that fails to function as a mark. But at oral arguments the fact came out that VIP said it owned TM rights in the trade dress in its Complaint. I don’t think that should matter, but the Court might.
@TessaVMolnar I mean, you can't run from a fate like that! Trademark destiny comes for us all!
(Bad jokes attributable to my long day + jack daniels peach alcohol drink thing)
#IPHappyHour
@TudorsAndTMs With my initials being TM and my name being TESSa, I sometimes feel like getting into trademarks was less of a choice and more of a destiny #IPHappyHour
Oh no! I feel like my blood pressure would just rise a bit hearing my client talk about that.
I mean, it's great fun to talk about it when it's /someone else's client/ lol. (Can you tell I'm not a litigator?)
#IPHappyHour
@TudorsAndTMs @JohnEDugger Q4: I had a client once who developed a parody of Ninja turtles for a game. Very clever but infringing!
Q5 - I have a love-hate relationship with the Rogers test. I think we need a test like it, but it's messy and vague as currently written. Also, we shouldn't put judges in the art critic role when it comes to determining the "artistic relevance" of a trademark use. #IPHappyHour
Q5 - Here's a question that might start a fight (based on some of the chaos I saw in a trademark panel yesterday).
Are you pro or anti Rogers Test? Do we need it or nah? #IPHappyHour
(for legal reasons, the inclusion of this gif of ginger and fred is a joke)
@ipconcerns I love Bark Box toys so much! And I've literally never owned a dog. It's just because of the trademark parodies.
#IPHappyHour
Q4: #IPHappyHour
@JohnEDugger Q4 - Slightly less serious question - Do you have any favorite trademark parodies? Pet toy or otherwise? Share pics!
#IPHappyHour
Because pictures of pets with trademark parody toys just inherently contribute to quality IP discourse, IMO. #IPHappyHour
@LPRamsey I am absolutely delighted, I feel like our chat has been graced by a trademark star! #IPHappyHour
Q4: Not my favorite, but I’ve been trying to get the wording right for a joke about how these tacky shorts I saw down the shore last summer are going to be next on the Supreme Court’s docket (I think this is about as good as the joke’s going to get) #IPHappyHour
@JohnEDugger Q4 - Slightly less serious question - Do you have any favorite trademark parodies? Pet toy or otherwise? Share pics!
#IPHappyHour
@TessaVMolnar Hi! Thanks for joining! I helped develop an AI trademark search tool at one point and it was so much fun teaching the AI team all about trademarks!
Also, TESSa - has anyone told you your name is PERFECT for trademark searching? At least in the US. :D
#IPHappyHour
@TudorsAndTMs Well I have been writing about trademarks and free speech for the last 20 years - the first paper was about descriptive trademarks and my concern that registering them might chill commercial speech that is not misleading - so of course I wanted to join your #IPHappyHour…
YES love the trademark parodies. #IPHappyHour
Q1: Hi, I’m Tessa! I work for an AI trademark data company. Unusual thing about my work: I handle almost everything client-facing — sales, onboarding, product feedback, market research — and I LOVE it. I get to geek out about everything #trademarks all day long!
#IPHappyHour
Wow, Lisa! You've been involved with so many briefs and papers that I've really loved and admired! Thanks again for contributing to this chat. Your expertise is so appreciated here. #IPHappyHour
Q3: SCOTUS jurisprudence suggests the focus should be on the expression, not the goods or services. We made this argument in the First Amendment Professors brief written by @rtushnet and @Prof_Farley and I make this argument in the paper we posted: https://t.co/NzwkjT0wqR
Q4 - I will say, I'm a traditionalist and love a good Chewy Vuitton and South Butt.
#IPHappyHour
@JohnEDugger Q4 - Slightly less serious question - Do you have any favorite trademark parodies? Pet toy or otherwise? Share pics!
#IPHappyHour
@TudorsAndTMs Q1. Hi 👋 My name is Jessica, and I am a Trademark and Copyright attorney. I love working with hungry creatives and entrepreneurs.
People might not expect the unusual
amount of time that I spend looking at archived webpages. Thank you, @internetarchive 🙏
#IPHappyHour
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