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Ed Timberlake

@trademarksaremagic.bsky.social

550 followers 180 following 2K posts

Trademarks! Trademarks! Trademarks! Assistant Professor, UNH Franklin Pierce School of Law Board Certified Specialist in Trademark Law https://timberlakelaw.tumblr.com/ https://law.unh.edu/person/ed-timberlake-0 https://clarity.fm/edtimberlake

timberlakelaw.tumblr.com

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Ed Timberlake @trademarksaremagic.bsky.social · Nov 21

#trademarks

Reposted by Ed Timberlake

Eric Goldman @ericgoldman.bsky.social · 53m

Some good news!

"Santa Clara Law to Offer New 'D&D and the Law' Course" 🧙🎲

blog.ericgoldman.org/archives/202...

If You Could Cast a Spell to Create a New Law School Course, What Would You Create? - Technology & Marketing Law Blog

I have completed an epic academic administration quest. 🧙‍♂️🎲 I’m proud to be at an institution where it’s possible to create a course like this, and I’m excited for the students who will benefit from...

blog.ericgoldman.org

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Reposted by Ed Timberlake

Kristin Hersh @kristinhersh.bsky.social · 39m

morning xo

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Reposted by Ed Timberlake

Lisa P. Ramsey @lpramsey.bsky.social · 35m

RAPUNZEL should not be registered as a trademark for dolls - no one should have the exclusive trademark right to use this name in connection with dolls. Regardless of whether you think consumers should have standing to challenge the registration of such marks, they should be refused registration…

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Ed Timberlake @trademarksaremagic.bsky.social · 2h

"QUESTION PRESENTED:
Whether a party desiring to participate in an administrative agency proceeding, including a trademark opposition proceeding . . . must satisfy the zone-of-interests and proximate-causation tests set forth in Lexmark International . . . for causes of action in federal court."

TTABlog @ttablog.bsky.social · 5h

Professor Curtin Files Petition for Certiorari in RAPUNZEL Consumer Standing Case
thettablog.blogspot.com/2025/10/prof...

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Reposted by Ed Timberlake

TTABlog @ttablog.bsky.social · 5h

Professor Curtin Files Petition for Certiorari in RAPUNZEL Consumer Standing Case
thettablog.blogspot.com/2025/10/prof...

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Reposted by Ed Timberlake

Sarah Fackrell @design-law.bsky.social · 3h

"The basic question to the Supreme Court is whether they intended the litigation standing requirements of Lexmark to extend to administrative actions before the USPTO." - @denniscrouch.bsky.social

Once Upon a Time, Consumers Had Standing

by Dennis Crouch (This is a long blog post about TM opposition standing - buried inside though is a roadmap …

patentlyo.com

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Reposted by Ed Timberlake

derek guy @dieworkwear.bsky.social · 8h

You gently run your hand through the rack. You can feel it—pure cotton, rich wool, Irish linen. The plump buttonholes are handsewn; the buttons attached with a firm shank. You flip the price tag over. It's affordable

You buy the jacket and go home, which is only 15 mins away. Your apt is $600/month

Headline reads: Altman says ChatGPT will soon allow erotic for adult users.

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Ed Timberlake @trademarksaremagic.bsky.social · 20h

Just me, or does the square packing around the Trader Joe's product actually—somehow—have the effect of making it look rounder?

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Reposted by Ed Timberlake

Joshua Eaton @joshuaeaton.bsky.social · 20h

I have eaten

the Crustless Peanut Butter & Strawberry Jam Sandwiches

that were

Smucker's valuable intellectual property

and in which

it probably made

a substantial investment

and had valuable goodwill

Forgive me

they were delicious

so sweet

and so Unscrustable™️

Sarah Fackrell @design-law.bsky.social · 22h

Okay, so a lot going on in one short paragraph.

1) Being a "copycat" isn't necessarily the same as being an infringer.

2) Does anyone really think TJ's is trying to "trade off of Smucker’s valuable goodwill" here? Or are they just trying to compete?

In an effort to trade off of Smucker’s valuable goodwill and Smucker’s substantial
investment in the valuable intellectual property associated with Uncrustables sandwiches,
Defendant Trader Joe’s Company has launched an obvious copycat advertised for sale at
https://www.traderjoes.com/home/products/pdp/crustless-peanut-butter-strawberry-jamsandwiches-
079742 and shown below:

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Ed Timberlake @trademarksaremagic.bsky.social · 21h

tsdr.uspto.gov#caseNumber=7...

tsdr.uspto.gov#caseNumber=7...

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Reposted by Ed Timberlake

Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 21h

Willamette is hiring for a tenure-track assistant professor of law position; there's more info at the link!

If you are on the market, I highly recommend that you apply. I've been at Willamette a few months now and absolutely love it here.

willamette.wd501.myworkdayjobs.com/en-US/Willam...

Assistant Professor of Law (Tenure Track)

ABOUT WILLAMETTE UNIVERSITY: Willamette University, founded in 1842, is a nationally-renowned private university enrolling 2800 students across five colleges. Our historic campus, adjacent to the Oreg...

willamette.wd501.myworkdayjobs.com

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Ed Timberlake @trademarksaremagic.bsky.social · 21h

This explanation strikes me as perhaps a little too neat?

If somebody is selling something similar in appearance to a registered mark, I'm not sure they can entirely get around that fact simply by doing so under their own brand name

tsdr.uspto.gov#caseNumber=7...

tsdr.uspto.gov#caseNumber=7...

Reposted by Ed Timberlake

Meredith Lowry @meredithlowry.bsky.social · 1d

Today in design patents:

D1097877 issued for a high-speed train.

#DesignPatents

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Ed Timberlake @trademarksaremagic.bsky.social · 22h

Respectfully, those arguments are from the wrong [read: patent] side of the Patent & Trademark Office.

On the trademarks side we value impracticability. We celebrate it!

Ed Timberlake @trademarksaremagic.bsky.social · 22h

"There is no per se rule that all alcoholic beverages are related. [It just turns out that way - ed.]."

- @ttablog.bsky.social

TTABlog @ttablog.bsky.social · 1d

TTABlog Test: Is "1849 BOURBON" for Distilled Spirits Confusable With "1849" for Wine?
thettablog.blogspot.com/2025/10/ttab...

Reposted by Ed Timberlake

TTABlog @ttablog.bsky.social · 1d

TTABlog Test: Is "1849 BOURBON" for Distilled Spirits Confusable With "1849" for Wine?
thettablog.blogspot.com/2025/10/ttab...

Reposted by Ed Timberlake

Meredith Lowry @meredithlowry.bsky.social · 23h

Today in design patents:

D1097449, D1097450, D1097451, and D1097452 all issued for a fruit-shaped gummy ring.

I'll let y'all discuss which one is the best and why it is clearly pineapple.

#DesignPatents

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Reposted by Ed Timberlake

Courtney Milan @courtneymilan.com · 23h

Just FYI, here are my personal beliefs on the use of large scale violence.

1. Violence tends to be self-replicating, and so should be avoided as much as possible.

All violence has the potential to entrench itself.

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Reposted by Ed Timberlake

Zvi S. Rosen @zvirosen.bsky.social · 23h

Decided to ask Lexis and Westlaw AI a basic question - identify which circuits had courts citing a case had before a certain date. Westlaw outright failed and Lexis hallucinated.