Rick Sanders (@RickSandersLaw) profile picture

General Counsel at Software Freedom Conservancy. Experienced IP litigator & longtime legal blogger on copyright and trademark issues. Giant GenX nerd.

Nashville, TN
Joined June 2011
What a day! 🔥 We have four incredible decisions released from the U.S. Supreme Court across intellectual property and internet law. I’ll help break it down with a quick first pass at what the outcomes have been for four cases. 🧵 #SupremeCourt #SCOTUS
5
23
3
73
11,137
If you're in TN, this blog post about #trademarks is bizarrely timely. (Mr. Sexton is the Speaker of the state House, and he's currently presiding over certain expulsion hearings that have generated significant national coverage)
TTABlog Test: Which of These Three USPTO Refusals Was/Were Reversed? thettablog.blogspot.com/2023…
1
2
600
I heard they workshopped "Certified Political Genius," but the focus group just laughed
1
176
I started at big law firms, so this doesn't bother me as much as it bothers some others. BUT a culture where you can't admit to not knowing something is one more focused on covering your ass & covering up mistakes, than it is trying to do quality work.
Imagine sitting through this presentation, allegedly from a Paul Hastings "PE/M&A Junior and Midlevel Training Session" put on by a senior associate. You are a waiter at Alinea? Are they "online 24/7" too?
2
347
monster energy: we will UNLEASH THE BEAST! us: ok, what's the beast monster energy: it's, uhh, our trademark lawyers us: & what happens when they're unleashed monster energy: they will send baseless cease & desist letters. to everyone. everyone!!
Monster Energy, the well-known energy drink company, is apparently seeking legal action against a game developer that wants to use the word "monster" in its game title. bit.ly/3U5VRvf
7
10
57
8,113
And just like that, Adidas withdraws the opposition (w/o prej.)
Here's the docket: ttabvue.uspto.gov/ttabvue/v?… The applied-for mark is just the three yellow horizontal lines
166
Is there a word for a mixture of awe, horror & bad flashbacks to law school/bar exam?
The day before Florida lawmakers voted to create a new board overseeing Disney, the Disney-aligned old board passed an agreement basically neutering the new one, to be in effect until 21 years after the death of the last survivor of King Charles (?!?) orlandosentinel.com/news/os-…
2
228
When the Lady of Pain requests my presence back in Planescape, how can I refuse?
130
435
154
2,646
268,315
Here's the docket: ttabvue.uspto.gov/ttabvue/v?… The applied-for mark is just the three yellow horizontal lines
Adidas has taken court action to block a trademark filed by Black Lives Matter for its "Three-Stripe" logo. Per the court filings made on March 27th, Adidas claims the Black Lives Matter stripes are too similar to its own. A thread 🧵 #adidas #BlackLivesMatter #BLM
1
1
439
I guess it's going to hit everyone close to home, eventually.
1
241
Owner of TARI for blockchain protocol gets TRO vs. TARO for same, based on reverse confusion. #trademark business.cch.com/ipld/TariLa… /1
1
202
Of note, the ct. excused markholder's several month delay b/c 1) it was engaged in discussions with ∆, and 2) ∆'s announcement that it was soon to release a fuller-featured version was a sufficient prompt to seek immediate relief. #trademark /2
137
You don't have to be very specific about #TradeSecrets in your complaint if you can point to specific documents where they may be found. It's just notice pleading, after all. business.cch.com/ipld/Beluca…
118
Exclusive agency arrangements, where #copyright owner grants an agent exclusive right to arrange for exploitation of their works are common. But exclusive right to license ≠ an exclusive §106 right, so no standing to enforce the © business.cch.com/ipld/Creati… /1
1
1
110
IOW, exclusive *agents* are not exclusive *licensees*, even though they have the exclusive right to license the work on the #copyright owner's behalf. /2
1
90
Exclusivity for Exactly What? propertyintangible.com/2023/…
1
2
273
Sanri Sasta? *sigh* It's OK, but it's no "Jimmy Scrambles," you know?
1
245
In case it wasn't clear, I didn't click on it. I just thought it was super sneaky.
I just received what I think to be a fake/phishing demand from a lawyer (whom I don't know luckily) whose account must've been hacked. Need to click on attachment to see "details." That's... something.
1
2
210