Podcast

IP in the Metaverse – Ep. 45 [Podcast]

IP in the Metaverse – Ep. 45 [Podcast]

Who would have ever thought that Neil Stevenson, the author of Snowcrash, a dystopian cyber-punk novel from 1992 would define the term, “Metaverse,” as the place that we would all eventually be living. On this episode, we’re joined by the great Anna Fong to discuss IP and the Metaverse.

Russia Suspends Enforcement of IP Rights – Ep. 43 [Podcast]

Russia Suspends Enforcement of IP Rights – Ep. 43 [Podcast]

As the west enacts sanctions and bans the import of Russian oil following its invasion of Ukraine, The Russian Ministry of Economic Development has issued a decree which effectively legalizes patent infringement from anyone affiliated with countries that are “unfriendly” to the Russian federation. What does this mean for IP owners around the world? All this and more, on today’s episode of Stuff You Should Know About IP.

Let Them Eat Copycat Caterpillar Cakes! – Ep. 42 [Podcast]

Let Them Eat Copycat Caterpillar Cakes! – Ep. 42 [Podcast]

Can copycat caterpillar cakes clearly create consumer confusion? UK grocers Marks & Spencer and Aldi have been trading barbs over this recently. But, if you take a look at their competing cakes, Cuthbert the Caterpillar and Colin the Caterpillar…well…let’s just say that even the great Marie Antoinette would be perplexed. We’re joined by special guest Nika Videtic and to discuss this high profile case of alleged copyright infringement.

Spice DAO’s “DUNE” IP Blunder – Ep. 41 [Podcast]

Spice DAO’s “DUNE” IP Blunder – Ep. 41 [Podcast]

Spice DAO, a crowdfunded group of cyber artists, accomplished their mission to buy a copy of a legendary movie manuscript based on the famous Frank Herbert Novel, Dune. Now, they plan to burn it, create a series based on it, and open the floodgates for fan fiction artists to do what they will with it. The only problem? Well, there’s some “Stuff” that they should probably know about Intellectual property.

Wendy’s VS Wendy’s – Ep. 39 [Podcast]

Wendy’s VS Wendy’s – Ep. 39 [Podcast]

If you stopped off at Wendy’s for a tasty burger and fries and found yourself eating fish and chips instead, you might be in the Dutch province of Zeeland, where they don’t take kindly to expanding American fast-food chains. Today we’re joined by special guest Jan-Willem Goedmakers. to talk about the trademark battle of Wendy’s versus Wendy’s.

Moderna vs the NIH & the Spikevax Patent Battle! – Ep. 38 [Podcast]

Moderna vs the NIH & the Spikevax Patent Battle! – Ep. 38 [Podcast]

In this episode of Stuff You Should Know About IP, Thomas Colson and Raymond Guarnieri discuss a dispute regarding COVID-19 vaccine inventorship between the National Institute of Health (NIH) and Moderna. The NIH and the Biomedical Advanced Research and Development Authority (BARDA) invested in Moderna. Moderna has filed three patent applications, two of which relate directly to the mRNA-1273 sequence, and one of which is for a method of using the mRNA-1273 sequence. Moderna listed one or more inventors from the NIH on the patent application for the method of using the mRNA-1273 sequence, but did not list anyone from the NIH as an inventor on the other two patent applications.

The Battle of the Oats – Ep. 37[Podcast]

The Battle of the Oats – Ep. 37[Podcast]

Choosing the right brand of oat milk is becoming challenging with more and more companies entering into this multi-billion dollar industry. Cue the battle of the Oats, and this week’s episode of Stuff you Should Know About IP! Featuring special guest, Mark Caddle from Withers & Rogers, LLP.

What is a Miley Cyrus? – Ep. 36 [Podcast]

What is a Miley Cyrus? – Ep. 36 [Podcast]

In this episode of Stuff You Should Know About IP, Thomas Colson and Raymond Guarnieri welcome special guest Rob McLaughlin to discuss a trademark case from the European Union that involves Miley Cyrus. Tom Colson loves Miley Cyrus. Miley Cyrus and her company, Smiley Miley, Inc., sought to register the trademark her name (“Miley Cyrus”), but another company that already had a trademark on “Cyrus” opposed Miley’s registration. There was some overlap in the products offered by the respective entities. Typically, trademark law concerns the question of whether consumers will be confused as to who makes or sells a particular product. In the EU, even when two trademarks look and sound very similar, if there is conceptual difference between them – i.e., if the two marks mean completely different things – then consumers will not be confused between the two marks, and the conceptual difference can override the other similarities between the marks. A trademark owner is usually able to prevent others from using the same trademark or a similar trademark on the exact same goods or similar goods in the country that granted the mark, however it is possible to register a trademark throughout the entire EU. A trademark registration can be opposed at the European Union Intellectual Property Office, or the EUPIO. Legal proceedings involving trademark issues can be time-consuming and expensive, especially if there are appeals. In this case, Miley Cyrus filed her registration in 2014, and the entire process took around seven years. Because Miley Cyrus is a famous individual, there is conceptual difference between her name, “Miley Cyrus,” and “Cyrus.” Unlike some celebrities who are sometimes known only by their last names, Miley Cyrus is not known simply as “Cyrus.” Initially, the Opposition Division at the EUIPO rejected Miley Cyrus’s application. Miley then appealed that decision to the Board of Appeal, but the Board upheld the Opposition Division’s decision. Miley Cyrus then appealed that decision with the General Court, and the General Court ruled in favor of Miley because she is famous and there is therefore conceptual difference between “Miley Cyrus” and “Cyrus” in the minds of consumers.

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