Tag: trademark
Chicken shop boss loses £12k in Tesla trademark row
Iron Maiden objects to underwear seller Maiden Wear’s trademark application
Designer Katie Perry wins Australian trademark battle against Katy Perry
Can OpenAI Trademark ‘GPT’?
Little wonder that after applying in late December for a trademark for “GPT,” which stands for “Generative Pre-trained Transformer,” OpenAI last month petitioned the USPTO to speed up the process, citing the “myriad infringements and counterfeit apps” beginning to spring into existence. Unfortunately for OpenAI, its petition was dismissed last week… Given the rest of the queue in which OpenAI finds itself, that means a decision could take up to five more months, says Jefferson Scher, a partner in the intellectual property group of Carr & Ferrell and chair of the firm’s trademark practice group. Even then, the outcome isn’t assured, Scher explains… [H]elpful, says Scher, is the fact that OpenAI has been using “GPT” for years, having released its original Generative Pre-trained Transformer model, or GPT-1, back in October 2018…
Even if a USPTO examiner has no problem with OpenAI’s application, it will be moved afterward to a so-called opposition period, where other market participants can argue why the agency should deny the “GPT” trademark. Scher describes what would follow this way: In the case of OpenAI, an opposer would challenge Open AI’s position that “GPT” is proprietary and that the public perceives it as such instead of perceiving the acronym to pertain to generative AI more broadly…
It all begs the question of why the company didn’t move to protect “GPT” sooner. Here, Scher speculates that the company was “probably caught off guard” by its own success… Another wrinkle here is that OpenAI may soon be so famous that its renown becomes a dominant factor, says Scher. While one doesn’t need to be famous to secure a trademark, once an outfit is widely enough recognized, it receives protection that extends far beyond its sphere. Rolex is too famous a trademark to be used on anything else, for instance.
Thanks to Slashdot reader rolodexter for sharing the article.
Read more of this story at Slashdot.
Judge Rules Those Fake Bored Ape NFTs Broke BAYC’s Trademark
Just because NFTs have lost much of their mainstream appeal, doesn’t mean the token creators are done fighting tooth and nail for the last scraps of past boom times. Late last week, a California judge decreed that those silly, derivative, and disturbing Bored Ape Yacht Club non-fungible tokens have trademark…
Rust Foundation Apologizes For Proposed Trademark Changes, Promises Improvement
The Foundation now says their proposed policy “clearly needs improvement” and “there are many valid critiques of the initial draft,” promising to address them and adopt a more transparent process (with a report summarizing the feedback soon). From the Register’s report:
The foundation, which provides financial and legal support for the memory-safe programming language, had proposed fresh rules on the use of the word Rust and its logo, which included the recommendation that people not use ‘Rust’ in their Rust crate names, eg: vulture-rs would be preferred over vulture-rust. These draft changes triggered a backlash… Over the weekend, Rust creator Graydon Hoare voiced support for the community’s objections in a Reddit discussion thread, in response to a post by programmer Andrew Gallant, a former member of the Rust moderation team, who argued the new policy was not all that different from the old one.
“Open them up side by side — old and new — and look at what they each say about, specifically, package names, project names, repos or websites using the word ‘rust’, or modified versions of the logo used for small groups or projects,” wrote Hoare. “These are specifically the things people are upset about, because they all changed from ‘acceptable’ to ‘prohibited’ when ‘clarifying’ the policy. And those are specifically things that everyone in the community does, and has done, for years. There are zillions of packages, projects, repos, websites and groups using the names and logo this way, as the old policy said they could. The new policy tells them all to stop.”
Long-time open source advocate Bruce Perens told the Register that Rust’s trademark policy “goes far awry of fair use which is legally permitted. Books on Rust will always have its name in their title, commercial products will be advertised as being written in Rust, being compatible with Rust, or compiling Rust. But the policy attempts to deny permission for these things. A proper trademark policy prevents others from representing that their product is Rust or is endorsed by the trademark holder of Rust. That’s really as much as you can ever enforce, so there’s no sense in a policy that asks for more.”
The Register also spoke to Ashley Williams, a former member of the Rust core team and the original executive director and founder of the Rust Foundation, who argued upheaval in Rust’s governance over the past year led to a team with less experience dealing with the Rust community. “I think a couple of very passionate people participated in the trademark working group and they didn’t involve a lot of people who have even basic experience interacting with the community. So really classic community behaviors ended up getting prohibited in that [draft] policy. And that’s really why everybody got upset. The policy ultimately said, ‘a thing that you do all the time as a way of contributing to the Rust community is now against our policy.'”
Read more of this story at Slashdot.
US court sides with jazz musician in Apple Music trademark dispute
Coachella settles trademark lawsuit against Coachillin companies
Rudolph Isley Sues Brother Ronald Over ‘The Isley Brothers’ Trademark
There is allegedly a feud brewing with The Isley Brothers, because Rudolph is now suing Ronald.
Full story below…
According to documents obtained by TMZ, Rudolph is suing Ronald over the rights to the group’s trademark. Rudolph is allegedly saying that Ronald applied and got approved for the trademark and is taking all the profits from it.
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