Showing posts with label trademarks. Show all posts
Showing posts with label trademarks. Show all posts

Wednesday, April 1, 2026

USPTO announces agentic AI-assisted evaluator for patent eligibility determinations; United States Patent and Trademark Office (USPTO), April 1, 2026

 United States Patent and Trademark Office (USPTO) ; USPTO announces agentic AI-assisted evaluator for patent eligibility determinations

"As part of the U.S. Patent and Trademark Office's (USPTO) continued efforts to incorporate artificial intelligence (AI) into agency operations—first with the Artificial Intelligence Search Automated Pilot Program, or “ASAP!,” for patent prior art references followed by the Trademark Classification Agentic Codification Tool, or “Class ACT,” for trademark searching—the USPTO today announced the first-of-its-kind agentic AI tool to assist in patent eligibility determinations under 35 U.S.C. §101. 

America’s Innovation Agency’s new AI system, termed “McConaughey Agentic Tasking Technology Helping Examiner Workload,” or “MATTHEW,” for short, will help examiners tackle the thorniest of eligibility questions as to whether claims presented are an abstract idea or a patent-eligible invention. “MATTHEW will greatly enhance our ability to make the close calls—or any call, really—as I herewith also suspend all applicable precedent, including Desjardins, Alice, and Mayo,” said USPTO Director John A. Squires. “Basically, in terms of eligibility, if MATTHEW says your invention is ‘Alright, Alright, Alright,’ then it’s ‘Alright, Alright, Alright’ with the USPTO.” 

“Initially, we had some concerns that we would be introducing a three-part test in place of the two-part test under Alice and Mayo, but I think we’ll be al…um, okay,” he continued.

“We want to equip our examiners—the best in the world at what they do—with the best tools to assist them,” said Director Squires. “In fact, MATTHEW was selected after careful evaluation of best-in-breed offerings, including the ‘Binary Eligibility Engaged Translation Language Environment Joint User Interface Computational Evaluator,’ or ‘BEETLEJUICE,’” he stated. “But the coders had some issues in testing when they said the name three times. I hope they’ll be al…um, okay,” remarked the Director. 

When asked if the USPTO licensed its tool in light of famed actor McConaughey’s recent Name Image and Likeness (NIL) ‘non-traditional’ registrations, Director Squires retorted, “Well, he’s the one who said, ‘trademark yourself!’—I think the Founders would have wanted this.” When asked if he had heard from Mr. McConaughey’s lawyers, Director Squires produced an unintelligible, guttural chanting sound and began rhythmically beating his chest with his fist.

For more information on this trailblazing AI system, please visit the USPTO website."

Taylor Swift Sued for Trademark Infringement Over ‘The Life of a Showgirl’; The Hollywood Reporter, March 30, 2026

 Winston Cho , The Hollywood Reporter; Taylor Swift Sued for Trademark Infringement Over ‘The Life of a Showgirl’

Maren Wade owns the trademark for 'Confessions of a Showgirl.' She claims that the singer undermined her brand with the chart-topping album.

"Taylor Swift‘s latest album, The Life of a Showgirl, has sparked a lawsuit from a writer, who accuses the singer of knowingly disregarding her claim to a similar name.

In a lawsuit filed on Monday in California federal court, Maren Wade brings claims for trademark infringement, false designation and unfair competition against Swift and UMG Recordings. She seeks unspecified damages and a court order barring the singer from continuing to use the name of her chart-topping album."

Sunday, March 29, 2026

The Budding 'Iceman' Trademark Dispute Between Caleb Williams and George Gervin, Explained; Sports Illustrated, March 26, 2026

 Brigid Kennedy, Sports Illustrated; The Budding 'Iceman' Trademark Dispute Between Caleb Williams and George Gervin, Explained 

"NBA Hall of Famer George Gervin, who used the same moniker as Williams while playing in the NBA from 1972 to 1986 (primarily with the Spurs), recently filed his own trademark application for the nickname shortly after the Bears' QB attempted to trademark it himself. Now, the United States Patent and Trademark Office will review both applications and determine which party is allowed to profit from the nickname's use."

Monday, March 16, 2026

The dictionary sues OpenAI; TechCrunch, March 16, 2026

 Amanda Silberling, TechCrunch; The dictionary sues OpenAI

"Encyclopedia Britannica and Merriam-Webster have filed a lawsuit against OpenAI, alleging in its complaint that the AI giant has committed “massive copyright infringement.”

Britannica, which owns Merriam-Webster, retains the copyright to nearly 100,000 online articles, which have been scraped and used to train OpenAI’s LLMs without permission, the publisher alleges in the lawsuit.

Britannica also accuses OpenAI of violating copyright laws when it generates outputs that contain “full or partial verbatim reproductions” of its content and when the AI lab uses its articles in ChatGPT’s RAG (retrieval augmented generation) workflow. OpenAI’s RAG tool is how the LLM scans the web or other databases for newly updated information when responding to a query. Britannica also alleges that OpenAI violates the Lanham Act, a trademark statute, when it generates made-up hallucinations and attributes them falsely to the publisher."

Sunday, March 8, 2026

Celebrating 250 years of discovery, creativity, and enterprise; United States Patent and Trademark Office (USPTO), March 2026

United States Patent and Trademark Office (USPTO), March 2026; Celebrating 250 years of discovery, creativity, and enterprise 

"In 1776, our nation’s founders declared independence based on three inalienable rights: life, liberty, and the pursuit of happiness. Over the past 250 years, innovators from coast to coast have helped turn those ideals into reality. Their ingenuity made our world safer, advanced our technological progress, and created prosperity for both the country and their families.  

As America’s Innovation Agency, the United States Patent and Trademark Office (USPTO) protects the inventions and brands that drive our economy forward. Join us as we explore the foundations of the intellectual property system in America, the history of patents and trademarks, and how innovation transforms our daily lives."

Saturday, March 7, 2026

Iceland Defeats Iceland: A U.K. Supermarket Ends a Trademark Dispute; The New York Times, March 5, 2026

  , The New York Times; Iceland Defeats Iceland: A U.K. Supermarket Ends a Trademark Dispute

"Iceland, the Nordic nation, has prevailed over Iceland, the British supermarket chain specializing in frozen foods, ending a decadelong legal dispute over the supermarket’s exclusive rights to the “Iceland” name.

The trademark disagreement culminated this week when Richard Walker, the executive chairman of the grocery chain, said he would not appeal a European Union court decision that ruled in favor of the Icelandic government and canceled the chain’s trademark for “Iceland.”"

Friday, February 27, 2026

Buc-ee's sues yet another convenience store over logo similarities; USA TODAY, February 25, 2026

 Greta Cross , USA TODAY; Buc-ee's sues yet another convenience store over logo similarities

"Buc-ee's filed a lawsuit against Coles IP Holdings, LLC, which owns the Ohio convenience store and gas station chain Mickey Mart, in the United States District Court for the Northern District of Ohio on Feb. 18. Buc-ee's is suing for trademark infringement and unfair competition. Buc-ee's is also trying to cancel Coles IP Holdings' trademark registrations, a process that began in August 2025, according to court documents.

With about 42 Ohio locations, according to its website, Mickey Mart features a smiling cartoon moose within a red hexagon as its logo. Buc-ee's argues, in court documents, that the animalistic logo is too similar to its own – a toothy beaver wearing a red ballcap inside a bright yellow circle. Both animals are facing right and display wide eyes and a smile, Buc-ee's says in court documents...

Historically, Buc-ee's has been eager to jump on convenience stores that feature a gleeful animal mascot, claiming the similarities may cause confusion for consumers who may think Buc-ee's is associated with the smaller, often local or regional chains. Here's a look at some of the businesses Buc-ee's has sued over the years:..."

Tuesday, February 24, 2026

9th Circuit Says No Copyright in Tracy Anderson, Megan Roup Workout Battle; The Fashion Law, February 24, 2026

 TFL, The Fashion Law; 9th Circuit Says No Copyright in Tracy Anderson, Megan Roup Workout Battle

"In the latest chapter of a closely-watched fitness industry feud, a federal appeals court handed Megan Roup a decisive victory in her copyright battle with rival trainer Tracy Anderson, affirming that Anderson’s dance-cardio routines are not protectable under federal copyright law. In a newly-issued memorandum, the U.S. Court of Appeals for the Ninth Circuit upheld the lower court’s grant of summary judgment in Roup’s favor, concluding that the so-called “TA Method” amounts to a functional fitness system rather than protectable choreography...

The Ninth Circuit’s ruling sends a clear message to fitness entrepreneurs: branding a workout as proprietary, scientific, or even choreographed will not convert a functional exercise system into a protectable work of authorship. For an industry built on personality-driven empires and carefully curated “methods,” the decision makes clear how limited a role copyright can play in safeguarding competitive advantage. With that in mind, parties like Anderson and Roup will have to rely on trademarks, trade secrets, and as this case illustrates, carefully drafted employment agreements, to protect their intellectual capital.

For now, Roup has secured a meaningful appellate win. And for Anderson, whose cult-followed method helped define boutique fitness in the 2000s, the fight continues – albeit on the contract (not copyright) front.

The case is Tracy Anderson Mind and Body, LLC, et al. v. Megan Roup, et al., 2:22-cv-04735 (C.D. Cal.) "

Wednesday, February 18, 2026

Trump Wants His Name Trademarked For Airports—Raising Questions About Profiteering; Forbes, February 18, 2026

Suzanne Rowan Kelleher , Forbes; Trump Wants His Name Trademarked For Airports—Raising Questions About Profiteering

"President Trump’s private company has filed for trademarks for airports using his name—setting up the possibility he could profit from what has historically been an honor in name only—just as plans take flight for an airport near his Florida home to be renamed after him."

Sunday, January 18, 2026

Matthew McConaughey Trademarks ‘Alright, Alright, Alright!’ and Other IP as Legal Protections Against ‘AI Misuse’; Variety, January 14, 2026

 Todd Spangler, Variety ; Matthew McConaughey Trademarks ‘Alright, Alright, Alright!’ and Other IP as Legal Protections Against ‘AI Misuse’

"Matthew McConaughey’s lawyers want you to know that using AI to replicate the actor’s famous catchphrase is not “alright, alright, alright.”

Attorneys for entertainment law firm Yorn Levine representing McConaughey have secured eight trademarks from the U.S. Patent and Trademark Office over the last several months for their client, which they said is aimed at protecting his voice and likeness from unauthorized AI misuse."

Sunday, December 14, 2025

I called my recipe book Sabzi – vegetables. But the name was trademarked. And my legal ordeal began; The Guardian, December 4, 2025

 , The Guardian ; I called my recipe book Sabzi – vegetables. But the name was trademarked. And my legal ordeal began

"Vegetables, in my experience, rarely cause controversy. Yet last month I found myself in the middle of a legal storm over who gets to own the word sabzi – the Hindi, Urdu, Punjabi, Persian, Dari and Pashto word for cooked veg or fresh greens. It was a story as absurd as it was stressful, a chain of delis threatened me with legal action over the title of a book I had spent years creating. But what began as a personal legal headache soon morphed into something bigger, a story about how power and privilege still dominate conversations about cultural ownership in the UK.

When the email first landed in my inbox, I assumed it must be a wind-up. My editor at Bloomsbury had forwarded a solicitor’s letter addressed to me personally, care of my publishers. As I read it, my stomach dropped. A deli owner from Cornwall accused me of infringing her intellectual property over my cookbook Sabzi: Fresh Vegetarian Recipes for Every Day. Why? Because in 2022, she had trademarked the word sabzi to use for her business and any future products, including a cookbook she hoped to write one day.

My jaw clenched as I pored over pages of legal documentation, written in the punitive and aggressive tone of a firm gearing up for a fight. I was accused of “misrepresentation” (copying the deli’s brand), damaging its business and affecting its future growth, and they demanded detailed commercial reports about my work, including sales revenue, stock numbers and distribution contracts – information so intrusive that it felt like an audit. Buried in the legal jargon was a line that shook me. They reserved the right to seek the “destruction” of all items relating to their infringement claim. Reading the threat of my book being pulped was nothing short of devastating. It was also utterly enraging.

Because sabzi isn’t some cute exotic brand name, it’s part of the daily lexicon of more than a billion people across cultures and borders. In south Asia, it simply means cooked vegetables."

Monday, September 29, 2025

Former Penn Carey Law adjunct professor John Squires named director of U.S. Patent and Trademark Office; The Daily Pennsylvanian, September 29, 2025

 Matthew Quitoriano , The Daily Pennsylvanian; Former Penn Carey Law adjunct professor John Squires named director of U.S. Patent and Trademark Office

"John Squires, a former adjunct professor at the University of Pennsylvania Carey Law School, was named the next director of the United States Patent and Trademark Office.

Squires will serve as the Under Secretary of Commerce for Intellectual Property and advise 1968 Wharton graduate and President Donald Trump and the Secretary of Commerce Howard Lutnick on intellectual property policy. In the Sept. 22 announcement, Squires wrote that the opportunity to lead a large and influential office was “both humbling and the honor of a lifetime.”...

Squires served as an adjunct professor for Penn Carey Law's L.L.M. program, where he helped lawyers trained outside the country learn about law in the United States.

The director of the USPTO is appointed by the president with the consent of the Senate...

Squires received a Bachelor of Science in chemistry from Bucknell University and received his J.D. from the University of Pittsburgh School of Law. 

Squires previously served as the chief intellectual property counsel at Honeywell and The Goldman Sachs Group, and has held intellectual property roles at Perkins Coie and Chadbourne and Parker. Prior to his secretarial appointment, Squires was the chair of Emerging Companies and Intellectual Property at Dilworth Paxson."

Saturday, August 30, 2025

DHS references Mexican IndyCar driver to promote ‘Speedway Slammer’ detention center; The Guardian, August 7, 2025

Agencies , The Guardian; DHS references Mexican IndyCar driver to promote ‘Speedway Slammer’ detention center


[Kip Currier: Not only is this statement by a DHS spokesperson factually inaccurate, as there's a cogent argument these actions by DHS may negatively impact trademark rights (and rights of publicity) -- “An AI generated image of a car with ‘ICE’ on the side does not violate anyone’s intellectual property rights" -- it's also morally offensive to either recklessly or intentionally appropriate without permission the racing number of one of the top Mexican drivers for use in a DHS promotion that demeans human beings.]


[Excerpt]

"IndyCar driver Pato O’Ward and series officials were shocked by a social media post from the Department of Homeland Security that touts plans for an immigration detention center in Indiana dubbed “Speedway Slammer.” It includes a car with the same number as that of O’Ward, the only Mexican driver in the series.

“It caught a lot of people off guard. Definitely caught me off guard,” O’Ward said Wednesday. “I was just a little bit shocked at the coincidences of that and, you know, of what it means ... I don’t think it made a lot of people proud, to say the least.”

The post on Tuesday included an AI-generated image of a IndyCar-style vehicle with O’Ward’s No 5 that has “ICE” stamped on it. In the image, the car is in front of a jail...

“We were unaware of plans to incorporate our imagery as part of yesterday’s announcement,” IndyCar said in a statement Wednesday. “Consistent with our approach to public policy and political issues, we are communicating our preference that our IP not be utilized moving forward in relation to this matter.”

A DHS spokesperson said it would not change the social media post. “An AI generated image of a car with ‘ICE’ on the side does not violate anyone’s intellectual property rights. Any suggestion to the contrary is absurd,” the spokesperson said in statement. “DHS will continue promoting the ‘Speedway Slammer’ as a comprehensive and collaborative approach to combatting illegal immigration.”

Thursday, August 21, 2025

Cornhusker copyright? Getting the facts on the name of Nebraska's new ICE detention facility; KETV, August 20, 2025

  

Waverle Monroe, KETV; Cornhusker copyright? Getting the facts on the name of Nebraska's new ICE detention facility


[Kip Currier: How crass and unnecessarily demeaning it is for ICE to use the name Cornhusker Clink to refer to a detention facility. This administration, unsurprisingly given its past actions, continues to be more focused on alliterative branding and merchandising opportunities (recall Alligator Alcatraz) than modeling professionalism in the ways it communicates a commitment to treating all detainees with dignity and respect.]


[Excerpt]

"The U.S. Department of Homeland Security dubbed the new U.S. Immigration and Customs Enforcement detention facility as the "Cornhusker Clink." 

You can't hear the word Cornhusker without thinking of the University of Nebraska.

Many on social media questioned the legality of using the name Cornhusker for the facility. Now KETV is helping you get the facts."

Sunday, August 3, 2025

Jacksonville man files trademark for name ‘Alligator Alcatraz,’ says it’s a way to fight against ‘hate merch’; News4Jax, July 18, 2025

Khalil Maycock , News4Jax; Jacksonville man files trademark for name ‘Alligator Alcatraz,’ says it’s a way to fight against ‘hate merch’

"A Jacksonville man filed a trademark Class 28 for the name “Alligator Alcatraz.”

A Class 28 trademark means, if approved, Eric Battle would have the rights to that name for games, toys and novelty items.

This comes after Battle said he felt helpless when he saw the controversial immigration detention center, dubbed “Alligator Alcatraz,” opened at an isolated airstrip in the Florida Everglades earlier this month.

State and federal officials have touted the detention center on social media and conservative airwaves, sharing a meme of a compound ringed with barbed wire and “guarded” by alligators wearing hats labeled “ICE” for Immigration and Customs Enforcement. The Republican Party of Florida has taken to fundraising off the detention center, selling branded T-shirts and beer koozies emblazoned with the facility’s name."

Tuesday, April 22, 2025

U.S. Copyright Office Releases New Copyright Registration Toolkit; U.S. Copyright Office, April 22, 2025

  U.S. Copyright Office, Issue No. 1070U.S. Copyright Office Releases New Copyright Registration Toolkit

"Today, the U.S. Copyright Office released the Copyright Registration Toolkit, a comprehensive resource designed to help creators, small business owners, advisors, and others navigate the copyright system. As part of the Copyright Office’s Copyright for All initiative, the toolkit is a visual breakdown of copyright, including essential information about copyright law, how to prepare for copyright registration, what to expect during the process, and post-registration considerations.

“The Copyright Registration Toolkit makes copyright information more accessible and user-friendly for all creators,” said Associate Register of Copyrights and Director of Public Information and Education Miriam Lord. “Resources like this one empower authors, artists, musicians, and their advisors to protect and manage creative works with confidence.”

Developed in conjunction with the U.S. Patent and Trademark Office's intellectual property (IP) toolkits for trademarks, trade secrets, and patents, these resources collectively provide a broad overview of IP protection under U.S. law.

Copyright Office attorneys, writers, and designers collaborated on the toolkit to ensure it serves as a reliable and engaging reference for creators making business decisions about their creative works and for advisors who help guide them in understanding their rights as IP owners.

To explore the Copyright Registration Toolkit, visit the landing page. For further inquiries, the Public Information Office is available Monday through Friday, 8:30 a.m.–5:00 p.m. eastern time, to assist with questions about the copyright registration process."

Thursday, November 14, 2024

Satire publication The Onion buys Alex Jones' Infowars at auction with Sandy Hook families' backing; AP, November 14, 2024

Dave Collins | APSatire publication The Onion buys Alex Jones' Infowars at auction with Sandy Hook families' backing

"The satirical news publication The Onion won the bidding for Alex Jones’ Infowars at a bankruptcy auction, backed by families of Sandy Hook Elementary School shooting victims whom Jones owes more than $1 billion in defamation judgments for calling the massacre a hoax.

“The dissolution of Alex Jones’ assets and the death of Infowars is the justice we have long awaited and fought for,” Robbie Parker, whose daughter Emilie was killed in the 2012 shooting in Connecticut, said in a statement Thursday provided by his lawyers.

The Onion acquired the conspiracy theory platform’s website; social media accounts; studio in Austin, Texas; trademarks; and video archive for an undisclosed sales price. The purchase gives a satirical outlet — which carries the banner of “America’s Finest News Source” on its masthead — control over a brand that has long peddled misinformation and conspiracy."

Friday, November 17, 2023

Two arrested after US storage facility emptied of $1bn in ‘massive amounts of knock-off designer goods’; The Guardian, November 16, 2023

 , The Guardian; Two arrested after US storage facility emptied of $1bn in ‘massive amounts of knock-off designer goods’

"Federal prosecutors arrested two men on Wednesday and seized more than 200,000 counterfeit handbags, clothes and other luxury items worth $1.03bn, making it “the largest-ever seizure of counterfeit goods in US history”...

Ivan Arvelo, special agent in charge of homeland security investigations, praised the findings in a statement, claiming it “underscores the unwavering commitment of HSI New York in the fight against intellectual property theft and serves as a testament to the dedication of our team and partner agencies, who have tirelessly pursued justice, culminating in the largest-ever seizure of this kind”...

Hand added that the counterfeit market is a “significant problem not just for luxury fashion brands and the dilution of their trademarks’ values but also for consumers and society at large as many counterfeit products are produced in oppressive labor environments and without any adherence to ecological production methods (if implemented by brands)”."

Tuesday, October 31, 2023

What 70% of Americans Don’t Understand About Intellectual Property; Stites & Harbison, October 26, 2023

Mandy Wilson Decker, Stites & Harbison; What 70% of Americans Don’t Understand About Intellectual Property

"The United States Intellectual Property Alliance (USIPA) recently published the results of its US Intellectual Property Awareness & Attitudes Survey. Among its findings, the survey results revealed that 70% of Americans are unable to distinguish between mechanisms – patents, trademarks, copyrights, and trade secrets – for protecting Intellectual Property (IP).

Given these results, it's worth exploring the principal mechanisms for protecting IP, which each possess some distinctive features."

Wednesday, December 28, 2022

Green trademarks and the risk of greenwashing; WIPO Magazine, December 2022

Kathryn Park , WIPO Magazine; Green trademarks and the risk of greenwashing

"Beware the green sheen – the perils of greenwashing

Guidelines promulgated by the Federal Trade Commission in the United States in the Green Guidesand by the European Union in its directive on Unfair Commercial Practices, offer clear guidance on what constitutes misleading information. Under both regimes, using vague terms such as “sustainable,” “green,” “eco,” and the like, are not acceptable if false or misleading. Additionally, claims need to be supported by clear factual evidence and qualified so as not to overstate their benefits. Moreover, the environmental benefit claim must pertain directly to the product as manufactured or used.

While regulators pursue companies that run afoul of consumer protection laws, claims are also pursued by non-governmental entities. Competitors may also sue, as will consumers who are misled, often as part of a consumer class action...

So what constitutes actionable greenwashing? An example is labeling something as compostable, such as a garbage bag that is destined for a landfill where it will not break down.  Claiming that something is recyclable when the infrastructure supports only a fraction of the recycling that would be required to remove the environmental harm ─ think plastic water and soda bottles ─ may also constitute greenwashing. There have been a number of lawsuits in the United States in the past year against Coca-ColaBlue Triton Brands (which manufactures Poland Spring, Deer Park and other water brands), and others, for making broad sustainability claims despite the fact the vast majority of their bottles end up in landfills and are not recycled. These lawsuits have been filed by various environmental advocacy groups like the Sierra Club."