McDonald's lost its tradeMc battle with Supermac's in EUIPO court, which denied the chain the exclusive use of the prefix "Mc."
The USPTO now requires all trademark applications to be submitted electronically through TEAS. This change not only means that the USPTO will not accept paper trademark applications, but it also requires that filers provide accurate email and postal addresses and update them as necessary to keep them current.
Welcome back to Beyond the Docket! This time we are back to interview Michael Atkins of Atkins Intellectual Property. Mike is an intellectual property attorney who after working at a large firm in Seattle now successfully runs a completely virtual practice. We talk about him taking his practice abroad as well as his love of teaching and his interest in loud music.
Ferrari threatened to sue a customer for trademark infringement for posting "distasteful" images that included the Ferrari brand.
Jony Ive, whose design work at Apple includes such products as the iMac, iPod, and iPhone, announced last month in an interview that he intended to leave the company and start his own design company called LoveFrom. Although the scope of LoveFrom has not yet been announced, Ive’s company appears to have filed in late May a trademark application for “LOVEFROM JONY.” The USPTO filing lists items in 25 international classes totaling over 1,500 specific goods and services.
- A new Apple patent filing shows a mixed reality headset that tracks your whole face. Also in Apple news, Apple plans to buy Intel’s wireless chip unit for $1 billion.
- The US District Court in Connecticut recently found Best-Lock Construction Toys to be inviolation of several of Lego's copyrights.
- Scotland's space technology industry is booming, with a 12-fold increase in published space tech patents since 1969.
- Facebook was recently issued a patent to enable moderators to more easily censor content posted in groups. The tech includes a feature that would limit questionable content so that only the poster can see it.
- Nintendo's recent IP filings suggest new features for the Switch.
- Ford Motor Company's newest trademark suggests the company will soon offer new off-road packages. Check out the trademark application here.
The Great Outdoors
- Glowing rocks found on the banks of Lake Superior are creating trademark disputes.
- The historical names of different sites in Yosemite National Park are being restored after a long trademark battle.
- Yeti Coolers has filed a lawsuit for trademark infringement against Yetti Outdoors.
Listen to the Music
- Music streaming company Spotify settled two copyright infringement lawsuits and will shell out more than $40 million to songwriters.
- Universal Music Group, which owns the famous "Motown" trademark, is looking to prevent boy band O-Town from continuing to use their name.
- Is there a legal loophole that leaves famous guitar riffs without copyright protection?
After first publishing a proposal to require foreign-domiciled applicants and registrants to use a U.S. licensed attorney in February, the USPTO has made the rule official. Starting on August 3, 2019, filers residing and businesses headquartered outside the United States—including those in Canada—will have to be represented by an attorney licensed in the United States.
The new rule will also mean that Canadian patent agents will no longer be able to represent trademark applicants, and while Canadian attorneys may continue to be deemed “additionally appointed practitioners,” the USPTO will no longer correspond directly with them.
Generally, this is part of a series of changes that the USPTO is making to ensure that filings are accurate and comply with USPTO expectations and help “safeguard the integrity of the U.S. trademark register.”
Notably, this also applies to any non-US filers whose applications are assigned office actions, even if their applications were filed or their office actions were assigned before the effective date. Those applicants whose application dates were before August 3rd and whose applications are otherwise satisfactory will be granted registration.
Welcome back to Beyond the Docket! This time we are back to interview Steven Weigler of EmergeCounsel. Steve is a business and trademark attorney who worked in a Fortune 50 tech company before starting his own firm. We talk about his background at a big tech company, the mission-driven company he founded to help at-risk youth, and his journey to starting and running his own firm.
Sitting on Capitol Hill
- Yesterday, the Supreme Court ruled that banning "immoral" or "scandalous" trademark registrations violates the First Amendment.
- Senator Marco Rubio wants to continue the fight against Chinese tech company Huawei and prevent it from ever receiving patent damages in US courts.
- Senators Chris Coons and Thom Tillis reflect on what they learned at the patent eligibility hearings.
Welcome back to Beyond the Docket! This time we are back to interview Shannon Montgomery of Montgomery Law, PLLC. Shannon is a small business attorney with a focus on trademarks and small business transactions. We talk about her background as a bodybuilder/powerlifter and her blog, which includes a series about the law and social media.