Big if true, PA edition

For the first time, I've read the full version of the Maker's Mark decision (involving Ceurvo). I did not realize how many pages of exhaustive research about Kentucky bourbon this judicial opinion actually contains. 🥃

Right of publicity?

I wonder why some great Trademark casebooks don't have significant material about actual counterfeiting (the criminal statutes)

1% RIF, from communications team, office of public engagement, and patents unit

Antitrust claim fails in ND Cal. District Court for Hermes pre-spend requirements for Birkin bags.

‘Under the terms of the deal, the private equity firm Silver Lake Partners, Saudi Arabia’s sovereign wealth fund PIF and Affinity Partners will pay EA’s stockholders $210 per share. Affinity Partners is a private equity firm run by Jared Kushner’

If you’re ever in Seattle, an A+ bookstore

No substantial similarity

Morgan and Morgan's TM declaratory relief action against Disney for use of Steamboat Willie in its ads. Link to complaint: fingfx.thomsonreuters.com/gfx/legaldoc...

Great interview with @marklemley.bsky.social

Wasn’t the whole point of passing the statute the concern over (yes, the data) but also the algorithm? Remember all the “foreign interference in our young people’s media“ hand waving?

“Google says that forcing it to divest its AdX marketplace would hasten the demise of wide swaths of the web that are dependent on advertising revenue”

Right of publicity scholars....

Those interested in Copyright/AI: must read

I've never been to one, but there's a new Cracker Barrel logo “rooted even more closely to the iconic barrel shape,” but without the barrel www.cnn.com/2025/08/21/f...

First Amendment, content-based restriction on First Amendment-protected activity in a designated public forum so subject to strict scrutiny. Added irreparable harm presumed for 1st A. protected activity. Decision: fingfx.thomsonreuters.com/gfx/legaldoc...

The Eco-Factors issue that will not die.... 🚨 Whether apportionment can be built into a portfolio license.

Paris is not Vegas

Worth a read. NB: “Firms may also shift their patenting focus to international jurisdictions with more predictable or affordable IP regimes“. Maybe US will be less popular for enforcement actions? Thus driving down the value of US patents….?

Jiaxing v CH Lighting (Fed Cir): patent damages expert must apportion value of each patent in portfolio license. Rejecting testimony: only "three patents drove the negotiation" and blanket upward and downward adjustments of Georgia Pacific factors. www.cafc.uscourts.gov/opinions-ord...

The USPTO's design patent search tool is also available to law firms and corporations through Clarivate (for a fee, presumably). I'm not sure how I feel about the gov't using AI that is paywalled for the private sector. But here we are. clarivate.com/intellectual...

Oh, come on now

Copyright analysis of Anthropic's Class Action suit for copying AI by @edleeprof.bsky.social chatgptiseatingtheworld.com/2025/07/17/a...

Rejecting the argument that Sunkissed refers to the sun, and KIST to being kissed. The short opinion is linked in the article.

Pew study: Users less likely to click on links when AI summary appears. Also more likely to end the session entirely. One in five searches produced an AI summary. Most cited sources: Wikipedia, YouTube and Reddit. www.pewresearch.org/short-reads/...

Judge declines to use gov't lawyers names in immigration court

FTC holds hearings to "help the FTC to understand whether consumers are being or have been exposed to false or unsupported claims about 'gender-affirming care'." Scare quotes in original. www.ftc.gov/news-events/...

SAP Writ of Mandamus challenging retroactive change in rules to IPR institution. Raising due process challenge based on retroactive rule-making, and due process depravation of reliance interest in a property right. cdn.patentlyo.com/media/2025/0...

I forgot that "platform" used to primarily refer to ISP's, browsers and operating systems.

Moderna shows success in phase 3 trials of combined Covid/flu shots: pharmaphorum.com/news/moderna...

Lululemon's got design patent infringement asserted against Costco as well

Lululemon's suing Costco over trade dress

Niche tweet, and maybe idiosyncratic, but the most common weakness I see in legal scholarship by junior scholars, especially in 1st drafts, is for papers that recommend some new approach to not get to the new approach until the end, and then, to cover it only briefly. (Thread.)

US PTO granted the TM application for motion mark to my daughter's company. It was a fun application to prosecute.

Southwestern PA has entered its weird weather era (not my home).

Great question

French Senate adopts bill to regulate ultra fast fashion, based on environmental impact and likely excludes H&M & other Euro brands (targets are Shein/Temu). Curbs advertising, and includes tax on every item. The bill is not expected to be final until further actions in Sept. f24.my/BElW.BS

USPTO "Morale is 'horrible,' 'in the toilet,' and the lowest in decades, according to interviews with 16 current and former employees, several of whom spoke with Bloomberg Law on the condition of anonymity." Apologies for the paywall. www.bloomberglaw.com/bloomberglaw...

Acting PTO Director says you can't seek IPR for a patent if you've known about the patent for a while, even if you were only recently sued for infringing it. This would fundamentally change IPR practice, leading to the denial of a large fraction of IPRs assets.law360news.com/2350000/2350...

Helpful for understanding reasons that solving complex, novel problems where little training data exists may be unable to be solved by AI. You may have already seen this Apple paper discussed as a significant one revealing how AI solves problems. ml-site.cdn-apple.com/papers/the-i...

TM

Bodega Head California

ITC finds president’s imposition of worldwide tariffs are not permitted under the law. Sector-specific tariffs are unaffected

Helpful foundational overview from @franklingraves.bsky.social Thanks to @lizhagelthorn for the pointer. papers.ssrn.com/sol3/papers....

Saul Bass would never

Those seeking to apply to reg. a logo mark, take notice...

PTAB Moot Court Competition ending early. "We wanted to inform you that due to recent changes at the PTAB, we will not be able to host a final round of oral arguments.  Instead, we are ending the competition after the first round of oral arguments are completed."