Pryor Cashman Partner Dyan Finguerra-DuCharme, co-chair of the Trademark Practice and Fashion Group, spoke with Bloomberg Law about the potential IP law implications of the Federal Circuit decision in Bertini v. Apple Inc. regarding Apple's trademark rights for "Apple Music."
In "Apple Music Trademark Ruling Leaves 'Tacking' Standard Unclear," Dyan suggests that the language in the ruling wasn't definitive enough to guide brands' trademark strategies:
"I thought it was pretty vague. It does leave a lot of questions open as well as a lot of doors open," IP attorney Dyan Finguerra-DuCharme of Pryor Cashman LLP said. "It's odd in the sense that it goes into detail, coming up with this new amorphous standard-but not really coming up with a new standard."
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DuCharme read the opinion as leaving a "door open to expand into the metaverse, where makers of physical products can tack registrations for NFTs to the priority date of their physical-world counterparts.
"You should be able to tack onto your prior rights," she said.
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