Trademarks in the Augmented Reality Industry

One sure sign of a healthy industry is the growth of intellectual property developed by companies in the field.  I’ve blogged a lot lately about augmented reality patents–both their creation and litigation over them.  But other forms of AR-related IP are expanding as well.  Trademarks are what companies use to distinguish themselves and their products[...]

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Trademarks, Likelihood of Confusion, and Social Media

Trademark law in the United States has one overarching goal: to prevent consumers from being confused over the source of a product or service.  The function of a trademark is to communicate to the marketplace who is offering the good or service.  So, for example, when I’m driving down the road and spy the Golden[...]

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5 Predictions for Augmented Reality Law in 2013 (and a Look Back at 2012)

As a public radio commentator once said, augmented reality has “been the Next Big Thing for a while now, although it never manages to become the Actual Current Big Thing.”  In keeping with this Sisyphean observation, we did not (yet) see quite as much development in either AR technology or the law governing its use in[...]

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Persuading Facebook to Remove Misleading Pages

I recently had success in persuading Facebook to take down a Page dedicated to criticizing a client.{*}  In the process, I learned a few things about what Facebook finds persuasive in takedown requests. The Page in question used the phrase that our client uses as a trade name and service mark–let’s call it TRADEMARK–as the[...]

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[From the Archives] The Coming Conundra: Real Laws in an Augmented Reality

While I’m away on vacation, I’ve pulled this still-timely article from my archives.  It was originally published in the Winter 2011 issue of SideBAR, the newsletter of the Federal Bar Association’s Litigation Section, and was posted on Wassom.com in March 2011. Over the past decade, there has been no shortage of articles, CLEs, and speeches[...]

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Augmented Reality, Keyword Advertising, and Trademarks

Augmented reality advertising is already upon us, and I believe that it will soon open up a new and heated round of litigation over where the lines are between fair and unfair advertising and use of competitors’ trademarks. The Confusion Over Keywords and Sponsored Ads The growth of commercial internet over the past 20 years[...]

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5 Predictions for Augmented Reality Law in 2012

This could finally be the year that the public begins to see augmented reality as a serious, important technology.   Lance Ulanoff, the editor-in-chief at Mashable, certainly thinks so.  He listed AR as the first of “5 Tech Trends to Watch in 2012.”  “Trust me,” he wrote, “by 2013, you’ll be hard-pressed to find anyone who[...]

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How I’ve Used Social Media in Trademark Litigation

I never cease to be amazed at what people will write in social media–or at how useful some of those posts can be in court.  Click here to read my latest post, titled “Mining Social Network Sites for Evidence in Litigation,” which is guest-hosted on my friend Paige Mill’s blog, IP@Tennessee [& beyond].  Paige is[...]

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A Distinctive Touch: Augmented Textures and Haptic Trademarks

Soon, technologies that augment our sense of touch may lead to a rush of trademark applications seeking to protect a wide variety of artificial textures. The Dawn of Haptic AR? A few days back, the @Augmentology Twitter account pointed out the website of an interesting Helsinki-based company called Senseg. Senseg advertises its “E-Sense” technology as[...]

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Brian Mullins of daqri: The Man Who Would Democratize AR

  Brian Mullins is not a man who dreams small.  On his to-do list? Launching a publishing platform on the order of YouTube and WordPress, creating a new mass market for 3D digital models, and democratizing the nascent augmented reality industry so that anyone and everyone can start adding digital content to their physical world.[...]

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