In 2021, artist Mason Rothschild launched metabirkins.com and announced that he would be selling non-fungible tokens (“NFTs”) called MetaBirkins. The MetaBirkins offering consisted of 100 NFTs depicted as fury purses that resembled the well-known Birkin bag. Hermѐs, owner of the BIRKIN trademark as well as the BIRKIN trade dress, took issue with Rothschild’s MetaBirkins NFTs and sent a cease and desist letter. Despite Hermѐs’ demands, Rothschild refused to discontinue the sale of the MetaBirkins NFTs.Read More
In CareDx, Inc. v. Natera, Inc., the U.S. Court of Appeals for the Federal Circuit held that CareDx’s patent claims to methods of detecting organ transplant rejection were invalid as patent ineligible under 35 U.S.C. § 101.1 Affirming the district court, the Federal Circuit determined that CareDx’s claims “are directed to a natural law together with conventional steps to detect or quantify the manifestation of that law,”2 relying on “admissions” in the patents themselves that the claims recited only “conventional” techniques.’Read More
On 24 November 2022, the Australian Attorney-General the Hon Mark Dreyfus KC MP announced the Attorney-General’s Department intention to release an issues paper for public consultation, as the first stage of a review into Australia’s current copyright enforcement regime. The broad aim of the review is to understand:
- Current and emerging copyright enforcement priorities and challenges;
- Whether Australia’s copyright enforcement regime remains relevant, effective and proportionate; and
- Whether existing enforcement mechanisms need to be strengthened, and if so, how this could be done without imposing unreasonable administrative or economic burdens.
Have you chosen a brand only to learn months later that the U.S. Patent and Trademark Office is refusing to register it due to someone else’s prior trademark registration or pending application? The USPTO’s most recent Q4 2022 data indicates that it takes 8 months or more for a trademark application to be reviewed—and ideally approved—by an examiner. Given that prolonged timeline, any issues with the application, such as a similar third-party mark that could prevent your own registration, may not surface until you or your company has already invested heavily in the mark.
This raises the question: what can be done for brands eager to launch but that want some measure of comfort that their trademark will be valid?
The answer: Searching.Read More