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lpramsey.bsky.social
Lisa P. Ramsey
@lpramsey.bsky.social
1.7K followers 390 following 230 posts
University of San Diego Law Professor. I teach IP law and write about potential conflicts between trademark laws and free speech rights. Pop culture and live music fan. www.lisapramsey.com
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 19h
…perhaps we need new USPTO procedures that allow the public to ask the USPTO to re-examine trademark applications/registrations like this that could harm fair competition and free expression?
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 19h
…on the ground they are generic for the goods, merely descriptive without secondary meaning, and/or merely informational matter that fails to function as a mark. If SCOTUS agrees with the Federal Circuit that members of the public like Prof. Curtin do not have standing to challenge such marks,…
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 19h
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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Reposted by Lisa P. Ramsey
ttablog.bsky.social
TTABlog @ttablog.bsky.social · 1d
Professor Curtin Files Petition for Certiorari in RAPUNZEL Consumer Standing Case
thettablog.blogspot.com/2025/10/prof...
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Reposted by Lisa P. Ramsey
design-law.bsky.social
Sarah Fackrell @design-law.bsky.social · 1d
Huge thanks to @mikescarcella.bsky.social for linking to the UNCRUSTABLES trade dress complaint here: www.reuters.com/legal/litiga...

Shall we all take a look?
smmarotta.bsky.social
Sean Marotta @smmarotta.bsky.social · 1d
My brain is such that I see this an immediately think of @lexlanham.bsky.social.

www.reuters.com/legal/litiga...
Smucker’s sues Trader Joe’s over alleged copycat crustless sandwiches
Jif peanut butter maker J.M. Smucker Company on Monday sued Trader Joe’s in federal court, accusing the national grocery chain of infringing trademarks tied to its popular Uncrustables brand of frozen sandwiches.
www.reuters.com
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 2d
What Happened When AI Came for Craft Beer
www.404media.co/what-happene...
What Happened When AI Came for Craft Beer
A prominent beer competition introduced an AI-judging tool without warning. The judges and some members of the wider brewing industry were pissed.
www.404media.co
lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 6d
Takeaways From Ninth Circuit’s Revival Of Trader Joe’s Trademark Infringement Suit Against Independent Union Over Labor-Branded Merchandise
www.lexology.com/library/deta...
Takeaways From Ninth Circuit’s Revival Of Trader Joe’s Trademark Infringement Suit Against Independent Union Over Labor-Branded Merchandise
The Ninth Circuit’s recent resurrection of Trader Joe’s trademark infringement suit over an independent union’s sale of apparel, mugs, tote bags, and…
www.lexology.com
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 12d
"Almost instantly, Sora’s early-access users were spinning up videos made with copyrighted material plucked from pop culture. (We saw more “Rick and Morty” and Pikachu videos than we would have liked.)"
www.nytimes.com/2025/10/02/t...
OpenAI’s New Video App Is Jaw-Dropping (for Better and Worse)
www.nytimes.com
lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 19d
The USPTO is putting on several free webinars about trademark law as part of its Trademark Basics Boot Camp - the first one is on Tuesday, October 7. Information is at this link:
www.uspto.gov/about-us/eve...
Trademark Basics Boot Camp, Module 1: Fundamentals
A must for any new trademark owner. In this module, we’ll cover definitions and types of trademarks, benefits of federal registration, selecting a trademark, filing and registration, and how to find h...
www.uspto.gov
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 26d
The answer to your question is complicated, and that’s why I am curious what other trademark experts think about this issue assuming the subject matter is no longer protected by copyright law. Such TM applications might be refused on various grounds I discussed in my post (eg, false association).
lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 26d
Companies can claim trademark rights in words and symbols in the public domain that they use as a source-identifying mark for goods and services. If such marks are registered, the trademark registrant takes it out of the public domain with regard to the products listed in the registration.
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 26d
. . . and may be using this image or the name in other ways it claims are a trademark use; and possibly on failure to function grounds depending on how the proposed mark is used by the trademark applicant in a certain context with the goods or services.
lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 26d
The USPTO could refuse such a mark on false association grounds in Section 2(a) of the Lanham Act; on likelihood of confusion grounds under Section 2(d) since Disney is using a short clip of Steamboat Willie in connection with its entertainment services . . .
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 26d
Martin Senftleben has also written about this issue in his excellent book The Copyright/Trademark Interface and argues that governments should not register cultural heritage works.
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 26d
I refer to it as "inherently valuable expression" in my upcoming book and argue that proposed marks consisting of creative works (or their titles or character names associated with them) should not be registered or, if they are registered, that the registrants should have a narrow scope of rights.
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 26d
At INTA, I took the position that regardless of whether you think the artist who created an artistic work or the former copyright owner should be allowed to register such an image or phrase, random people should not be able to obtain exclusive trademark rights in this type of subject matter.
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 26d
If they advertise it enough, or get publicity through filing a lawsuit like this, people might start to associate this subject matter with the trademark applicant (and not just Disney). We talked about this issue on my professors panel at the 2024 INTA annual meeting.
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 26d
Trademark folks on BlueSky: Do you think the government should allow this law firm (or anyone else unrelated to Disney) to claim trademark rights in an image from, or short clip of, the public domain Steamboat Willie or the phrase "Steamboat Willie" for goods or services?
ttablog.bsky.social
TTABlog @ttablog.bsky.social · 26d
Morgan & Morgan Claims Fair Use of Steamboat Willie Cartoon Adaptation in its Advertisement
thettablog.blogspot.com/2025/09/morg...
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 27d
Here is a copy of the declaratory judgment complaint: storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · 27d
Morgan & Morgan sues Disney over Steamboat Willie Mickey Mouse ad
floridapolitics.com/archives/756...
Morgan & Morgan sues Disney over Steamboat Willie Mickey Mouse ad
The law firm sued and asked the court to declare it wasn't violating any intellectual property.
floridapolitics.com
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · Sep 15
Is ‘The Pitt’ Really an ‘ER’ Spinoff? Michael Crichton’s Estate Says It Is.
www.nytimes.com/2025/09/12/b...
Is ‘The Pitt’ Really an ‘ER’ Spinoff? Michael Crichton’s Estate Says It Is.
www.nytimes.com
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · Sep 5
Neuralink’s Bid to Trademark ‘Telepathy’ and ‘Telekinesis’ Faces Legal Issues

www.wired.com/story/uspto-...
Neuralink’s Bid to Trademark ‘Telepathy’ and ‘Telekinesis’ Faces Legal Issues
The brain implant company cofounded by Elon Musk filed to trademark the product names Telepathy and Telekinesis. But it turns out that another person had already filed to trademark those names.
www.wired.com
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Reposted by Lisa P. Ramsey
ttablog.bsky.social
TTABlog @ttablog.bsky.social · Aug 28
CAFC Vacates and Remands TTAB's Affirmance of F**K Failure-to-Function Refusal Due to Lack of Clarity
thettablog.blogspot.com/2025/08/cafc...
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · Aug 27
For more info see: patentlyo.com/patent/2025/...
F-Bombs Away: Federal Circuit Sends Brunetti Back to TTAB to Consider its Failure to Function Doctrine
by Dennis Crouch In a divided decision that highlights ongoing tensions around trademark law's Failure to Function doctrine, the Federal …
patentlyo.com
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lpramsey.bsky.social
Lisa P. Ramsey @lpramsey.bsky.social · Aug 27
For more info see: patentlyo.com/patent/2025/...
F-Bombs Away: Federal Circuit Sends Brunetti Back to TTAB to Consider its Failure to Function Doctrine
by Dennis Crouch In a divided decision that highlights ongoing tensions around trademark law's Failure to Function doctrine, the Federal …
patentlyo.com