Pryor Cashman Partner Dyan Finguerra-DuCharme, co-chair of the Trademark Practice and Fashion Group, spoke with Law360 about a Federal Circuit decision in Bertini v. Apple Inc. that limits Apple's trademark rights for "Apple Music."
In "Apple's TM Loss May Have A Silver Lining For Brand Owners," Dyan comments on Federal Circuit's clarification on the standard for tacking in the context of trademark registration:
Dyan Finguerra-DuCharme, a partner at Pryor Cashman LLP, said she believes the concept of tacking works for virtual goods and services because they are a "normal evolution of the previous line of goods and services," as the appeals court required in the Apple ruling.
"I believe [the Bertini v. Apple ruling] supports a brand's ability to rely on tacking if the virtual goods and services are the same or closely related to the original goods or services," Finguerra-DuCharme said, noting that some brands have generated "such significant marketplace penetration that consumers are likely to perceive goods and services available in the metaverse as emanating from the brand owner."
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