The TMA became law on December 27, 2020 and will be implemented by December 27, 2021. https://www.uspto.gov/trademarks/laws/2020-modernization-act
Quicktrip West, Inc. v. Weigel Stores, Inc.
The Federal Circuit affirmed the TTAB’s dismissal of an opposition proceeding brought by the gas station chain QuikTrip against one of its rival’s registrations that covered its food operations. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1304.OPINION.1-7-2021_1713761.pdf
Adobe Under Fire
Last week, Adobe began contacting users of its older versions of Adobe Creative Cloud products informing them that they were no longer licensed to use anything but the most recent versions of the software.
While Adobe claims that this change is for the benefit of the end users, some information suggests otherwise. Indeed, one Twitter customer service response follows:
Customers who continue to use or deploy unauthorized versions of Creative Cloud may face potential claims of infringement by third parties. We cannot comment on claims of third party infringement, as it concerns ongoing litigation.
Iron Maiden Files TM Infringement Suit
Iron Maiden is suing video game company 3D Realms over the name of its game Ion Maiden, which it describes as an “incredibly blatant” infringement on Iron Maiden’s trademark.
The Credit Card Trademark
Can’t believe Capital One hasn’t taken action again this.
Beyoncé Trademark Suit
The TTAB denied Beyoncé’s request to seal the date and time of her deposition concerning “her” BLUE IVY CARTER trademark.
The motion for the protective order was denied by the Trademark Trial & Appeal Board, who ruled earlier this week that they didn’t find the arguments about Beyonce’s fears for her family’s safety persuasive.
The singer’s lawyer argued that keeping the details private would “reduce the dangerous pandemonium that so often marks Mrs. Carter’s public appearances.” Of course, a deposition is hardly a “public appearance”.
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Eiffel Tower Copyright?
Sharing a photo of the Eiffel Tower by night on social media, without paying for it, could get you into big trouble. Even if it’s just a holiday memento. Ooh la la…
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Apple’s GC Retires
Bruce Sewell, Apple’s’s general counsel since 2009, announced his retirement Friday after eight years as captain of Apple’s legal and security affairs.
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“Naked” Licenses
Failure to exert quality control, or otherwise properly supervise the nature and quality of a licensee’s use of your trademarks, results in what’s known as a “naked license” that can strip your company (or client) of its trademark rights.
Why is quality control by a licensor so important?
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CSL Returns…for BMW
It appears that BMW has filed three applications filed by BMW for the trademark CSL in the United States. Filed on 19 April 2017, the marks are M2 CSL, M4 CSL, and M8 CSL.
CSL is an acronym for Coupe Sport Leightbau, or Coupe Sport Lightweight, and has not appeared on a BMW vehicle since 2004, when the M3 CSL spent a single year in production, and was limited to 1,400 units.
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