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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

Ed Timberlake @trademarksaremagic.bsky.social · 8h

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 · 8h

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 · 10h

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 · 9h

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 · 9h

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 · 9h

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 · 11h

Today in design patents:

D1097877 issued for a high-speed train.

#DesignPatents

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Ed Timberlake @trademarksaremagic.bsky.social · 10h

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 · 10h

"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 · 17h

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 · 17h

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 · 11h

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 · 11h

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 · 11h

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.

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Reposted by Ed Timberlake

Meredith Lowry @meredithlowry.bsky.social · 11h

Today in design patents:

D1097857 issued for a jewelry item.

#DesignPatents

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Reposted by Ed Timberlake

Meredith Lowry @meredithlowry.bsky.social · 11h

Today in design patents:

D1097807 issued for a lid for cosmetic jar.

100% approve sparkle color claims.

#DesignPatents

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Ed Timberlake @trademarksaremagic.bsky.social · 11h

tsdr.uspto.gov#caseNumber=9...

superwowsnacks.com/products/mis...

MISO SWEET

Miso Sweet is the perfect blend of miso and a hint of caramel, creating a savory-sweet taste that will keep you coming back for more. Made with a mix of pea, potato, rice, and porcini mushrooms, these...

superwowsnacks.com

Ed Timberlake @trademarksaremagic.bsky.social · 11h

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Ed Timberlake @trademarksaremagic.bsky.social · 11h

Complaint:

The word "trademark" appears 26 times;
the word "copyright," 0.

storage.courtlistener.com/recap/gov.us...

Headline:

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

Reposted by Ed Timberlake

Eric Goldman @ericgoldman.bsky.social · 13h

Pink sky, pink water on the Mendocino Coast

flic.kr/p/2rxPw5i

Caspar Sunset

flic.kr

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Reposted by Ed Timberlake

Jeff Steck @jefstec.bsky.social · 12h

Patented today: a sofa that works as an emergency floatation device.
US 12440033

Patent drawing of a person huddled up on a sofa, floating past a flooded house.

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Reposted by Ed Timberlake

Meredith Lowry @meredithlowry.bsky.social · 13h

Today in design patents:

D1098304 issued for a doll.

A popcorn doll should look happier.

#DesignPatents

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Reposted by Ed Timberlake

Meredith Lowry @meredithlowry.bsky.social · 12h

Today in design patents:

D1098231 issued for an eye shield.

There has to be some non-ridiculous explanation for this, right?

#DesignPatents

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Reposted by Ed Timberlake

Jocelyn Bosse @jocelynbos.se · 13h

Wine grape variety named 'Norton Blanc'

US #PlantPatent 37,014 (granted today)

The variety is a cross between 'Cabernet Sauvignon' and 'Norton' grapevines. Bred at Missouri State University, the grapes are said to produce a unique white wine with the aroma of fresh spring grass or fresh-cut lime.

photograph showing a 12 year-old 'Norton Blanc' grapevine with a bunch of green grapes.

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Reposted by Ed Timberlake

Meredith Lowry @meredithlowry.bsky.social · 13h

Happy Tuesday Patent Day! The Patent Office remains open and today we have 1,221 new design patents including D1097445, issued for a snowflake-shaped pasta.

#DesignPatents

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Ed Timberlake @trademarksaremagic.bsky.social · 13h

tmog.uspto.gov#/issueDate=2...

Ed Timberlake @trademarksaremagic.bsky.social · 13h

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