Ninth Circuit throws a wrench in Yuga Labs' $8M win, Iceland Foods loses trademark battle, and PTAB is back in person. Get the latest IP news!
What's cookin' in the world of intellectual property? It's a wild ride, from Bored Ape Yacht Club drama to trademark tussles over the name ICELAND, and the return of in-person PTAB hearings. Buckle up, buttercups!
Ninth Circuit Claws Back Yuga Labs' $8M Victory
Hold onto your hats, NFT enthusiasts! The Ninth Circuit Court of Appeals has partially reversed a summary judgment ruling that previously awarded Yuga Labs a cool $8 million in their trademark infringement and cybersquatting case against Ryder Ripps, the artist behind satirical Bored Ape Yacht Club NFTs. Seems like Yuga Labs didn't quite prove consumer confusion beyond a reasonable doubt, especially considering the presumably savvy NFT market.
The court agreed that NFTs *can* be trademarked, but the case is heading back to California for a trial to properly hash out the trademark infringement and cybersquatting claims. Ripps argues his NFTs are “satirical works of appropriation art,” a statement that carries weight with the court. This saga continues!
ICELAND's Trademark Troubles: A Geographical Gaff?
Meanwhile, across the pond, Iceland Foods just can't catch a break in its trademark battle. The General Court of the European Union (EGC) affirmed the cancellation of Iceland Foods’ ICELAND trademark. The EUIPO and EGC believe that the trademark too directly indicates the geographical origin of goods and services. Ouch!
PTAB is Back in the Room!
Miss the thrill of in-person hearings? The U.S. Patent and Trademark Office announced that all PTAB hearings will be back to in-person formats starting September 1st! Get ready to dust off those courtroom outfits.
Other IP Tidbits Worth a Nibble
- Trump's AI Action Plan is looking to limit state AI regulation.
- A Texas jury slapped Verizon with a $175 million damages verdict for network capacity patent infringement.
The Takeaway
The legal landscape surrounding NFTs remains murky, and proving consumer confusion in the digital realm is no walk in the park. Trademark law continues to grapple with geographical indicators. And, sometimes, you just gotta show up in person to argue your case!
Until next time, stay curious, stay caffeinated, and keep an eye on those barks and bites!
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