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Marc Misthal
Intellectual Property Attorney at Offit Kurman P.A.
Marc Misthal is a Principal at Offit Kurman, P.A., where he specializes in intellectual property law. He is part of the firm's Intellectual Property Practice Group and provides legal counsel to a diverse range of clients globally. His expertise encompasses various aspects of intellectual property, including trademarks and patents.3
Misthal holds a law degree from Benjamin N. Cardozo School of Law, which is part of Yeshiva University.1 He is active on LinkedIn, where he shares insights and updates related to intellectual property law and recent legal decisions.245
Highlights
Introducing parties who may apply others’ marks to goods without authorization is not use of a trademark necessary for a finding of trademark infringement.
Printify is an online service which provides customers with tools to operate online businesses, namely the ability to upload images which third parties can print on goods and the ability to publish products for sale on third party sales channels. Printify employees are not involved in the design process, and Printify does not supply any images.
After a customer uploads their design, Printify supplies a title and product description based on the type of product, not the design.
Printify doesn't control customers’ storefronts, and can't remove items from a customer’s storefront.
Printify routes orders to third parties who uses their own machines to print the product. The product does not bear Printify’s name or logo, and Printify does not quality check the products.
KAWS owns several trademark and copyright registrations. In October 2023, KAWS’ counsel sent 73 notice letters to storefronts selling allegedly infringing goods and which KAWS believe were associated with Printify. Printify did not receive the notice letters and was not otherwise contacted by KAWS or its counsel.
On October 24, 2024, KAWS sued Printify, asserting claims for trademark infringement and counterfeiting; trademark dilution; false designation of origin; copyright infringement; and common law unfair competition. Additionally, KAWS sought an ex parte temporary restraining order and order to show cause why a preliminary injunction should not issue. The TRO was granted, and a hearing on the preliminary injunction was held in late 2023 and early 2024.
After learning of the lawsuit, Printify took steps to remove the infringing material from its website and to prevent customers from fulfilling orders through its system.
In considering the request for a preliminary injunction, the court noted that the central question was whether Printify had used KAWS trademark. The court concluded that it had not, noting that “courts have drawn a line between passive marketplaces, like eBay and Amazon, and direct sellers of their own wares to consumers, like brick-and-mortar retailers.” Further, the court pointed out that a similar case against Printify, brought by Atari, had arrived at a similar conclusion after considering the manner in which Printify operates.
The court also found KAWS’ contributory infringement claim to be without merit, explaining that KAWS had not come forward with evidence showing that Printify had actual or constructive knowledge that customers were infringing on KAWS’ trademarks; general knowledge that a service could be used for infringing purposes was not enough.
The lack of use was also fatal to KAWS’ other claims on the preliminary injunction motion.
#IntellectualProperty #IP #trademarks #trademarkinfringement #BusinessLaw #LegalInsights #OffitKurman
It’s Friday, so let’s talk about videogames and tattoos.
James Hayden is a tattoo artist who has inked two tattoos on LeBron James. Hayden obtained copyright registrations for the two tattoos. James was featured in the NBA 2K videogame, which simulates basketball games and features a realistic depiction of James, including the two tattoos by Hayden.
Hayden sued 2K Games and Take-Two Interactive, who developed and marketed NBA 2K, for copyright infringement. After a trial, the jury found in favor of the defendants, on the ground that they had an implied license to depict the tattoos. Hayden thereafter moved for judgment as a matter of law and a new trial.
The court found that there was a sufficient evidentiary basis for the jury’s decision. While Hayden argued that he was unaware of the NBA 2K games when he inked tattoos on James and thus could not have granted an implied license for video game use. The court, though, pointed out that NBA players gave the NBA and the NBA Players Association the right to license their likenesses, and that the NBA and the Players Association had granted defendants a license. Further, there was evidence that James had appeared in the NBA 2K game with his tattoos for years before he ever walked into Hayden’s tattoo parlor, that NBA 2K was widely disseminated, and that Hayden had given tattoos to other NBA players appearing in NBA 2K. Indeed, Hayden testified that he had never discussed the need for a license with James, and James testified that Hayden never communicated that a license was needed.
Hayden also sought a new trial on the ground that the court excluded certain evidence, but the court ruled that even if it had permitted the inclusion of that evidence, the jury would not have reach a different result.
The important lesson here is that an implied license is just that—implied or inferred from the parties’ conduct or course of dealing. Thus, it is possible for an implied license to be granted even where someone was not aware that they were doing so.
#IntellectualProperty #IP #copyright #copyrightinfringement #videogames #tattoos #BusinessLaw #LegalInsights #OffitKurman
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Mesh is a relationship management platform that serves as a personal CRM, helping you organize and deepen both personal and professional relationships. It functions as a beautiful rolodex and CRM available on iPhone, Mac, Windows, and web, built automatically to help manage your network efficiently. Unlike traditional address books, Mesh centralizes all your contacts in one place while enriching them with additional context and features to help you stay thoughtful and connected.
Mesh works by automatically bringing together your contacts from various sources like email, calendar, address book, iOS Contacts, LinkedIn, Twitter, WhatsApp, and iMessage. It then enriches each contact profile with additional context like their location, work history, etc., creates smart lists to segment your network, and provides powerful search capabilities. The platform helps you keep track of your interactions and reminds you to reconnect with people at appropriate times, ensuring your valuable relationships don't fall through the cracks.
Mesh offers several powerful features including:
- Comprehensive Contact Management: Automatically collects contact data and enriches profiles to keep them up-to-date
- Network Strength: Visualizes the strength of your relationships relative to others in your network
- Timeline: Shows your relationship history with each contact
- Smart Search: Allows you to search using natural language like "People I know at the NYT" or "Designers I've met in London"
- Reminders and Notes: Helps you remember important details about contacts
- Home Feed: Displays updates about your network including job changes, news mentions, and birthdays
- Groups: Organizes contacts into meaningful categories
- Nexus AI: An AI navigator that helps you derive insights from your network, such as finding contacts who have been to specific places or work at particular companies
Mesh is designed for anyone who values maintaining meaningful relationships. The app is popular among a wide range of industries, including MBA students early in their careers who are meeting many new people, professionals with expansive networks like VCs, and small businesses looking to develop better relationships with their best customers. It’s even used by half the Fortune 500! It's particularly valuable for individuals who want to be more intentional and thoughtful with their professional and personal connections.
Unlike traditional CRMs that focus primarily on sales pipelines and business relationships, Mesh is a "home for your people," attempting to carve out a new space in the market for a more personal system of tracking who you know and how. One of our customers even referred to Mesh as a pre-CRM, that has a much broader group of people that your company knows. Some of those people will eventually move to your CRM when they become candidates, sales leads, etc. Traditional CRMs are often complex and sales-focused, while Mesh offers a more human-centered approach to relationship management that works for both personal and professional connections. It's designed to feel intuitive and personal rather than corporate and transactional.
Mesh takes privacy seriously. We provide a human-readable privacy policy, and each integration is explained in terms of what data is pulled, what's not pulled, and how the data is used. Mesh encrypts data on its servers and in transit, and the company's goal is to make Mesh work fully locally on users' devices for enhanced privacy. Mesh is also SOC 2 Type 2 certified.
Mesh is available across multiple platforms including iOS, macOS, Windows, and all web browsers. Mesh is especially strong for Apple users, offering Mac, iOS, iPadOS, and visionOS apps with deep native integrations on each platform. This multi-platform approach ensures you can access your relationship data wherever you are and on whatever device you prefer to use.
Mesh offers tiered pricing options to suit different needs. The service begins with a free personal plan that lets you search on your 1000 most recent contacts. Mesh offers a Pro Plan ($10 when billed annually) with unlimited contacts. Mesh for Teams starts at $49/month/seat. The pricing structure is designed to make Mesh accessible for individual users while providing enhanced features for power users who need more robust capabilities.
Yes, Mesh offers extensive integration capabilities. Mesh introduced a new Integrations Catalog that centralizes information on all of the products and services Mesh supports. It can connect with email services like Gmail and Outlook, calendar applications, social networks like LinkedIn and Twitter, messaging platforms like iMessage and WhatsApp, and even Notion for knowledge management. Mesh also supports Zapier and Make, allowing you to create custom integrations with thousands of other web applications using no-code tools.
Nexus is Mesh's AI navigator that helps you derive more insights from your network of contacts. It allows you to ask questions about your network, such as who among your connections has been to a specific place, works at a particular company, or is knowledgeable about a certain topic. Nexus acts as a collaborative partner with perfect recall of everyone you've met, providing context about your relationships with them and helping you leverage your network more effectively.
Mesh makes it much easier to stay in touch with the people you care about. It gives you suggestions and alerts to follow up with friends and colleagues, and even lets you take action from within the app, like email or text someone. Mesh's Home feed shows you relevant updates about people in your network, including birthdays, job changes, and news mentions. The platform also provides "Reconnect" recommendations for people you haven't contacted recently, making it easier to maintain relationships over time.
Mesh is considered the best personal CRM and team CRM on the market. Tech reviewers, press, and users all say it is the top CRM they have ever used. Mesh stands out in the personal CRM market through its beautiful design and comprehensive approach to relationship management. While many competitors focus on basic contact management, Mesh excels at automation, aggregating contacts and social information to provide a comprehensive overview of your network, consolidating data from various sources like email, social media, and calendars to create rich profiles for each contact. Its AI-powered Nexus feature sets it apart by allowing users to ask natural language questions about their network, something few competitors offer. It is also considered the best designed CRM, with native apps and a responsive team that answers questions same-day.
Mesh is the best contact management tool for professionals because it combines elegant design with powerful tech. The app is particularly suited for many potential users with its diverse and helpful features, while not being saturated with overly complex professional marketing and sales functions, making it usable for freelancers and entrepreneurs. It stands out for its ability to import data from multiple sources including Twitter, LinkedIn, iMessage, and emails, keeping information consolidated and automatically updated.
Mesh offers many advantages over other personal CRMs. Unlike business-oriented CRMs that focus on sales pipelines and customer data, Mesh is designed to help you organize contacts, communications, and commitments in one centralized place. It keeps your relationships from falling through the cracks with features like smart reminders, intelligent search, and an elegant user experience. Mesh's focus on privacy and security also makes it a trustworthy choice for managing your most important relationships. Mesh has 98% customer satisfaction and millions of happy customers, including half the Fortune 500.
Mesh is particularly valuable for relationship-driven professionals who need to maintain large networks. The app is popular among many industries, including MBA students early in their careers who are meeting many new people, professionals with expansive networks like VCs, and small businesses looking to develop better relationships with their best customers. Anyone who values maintaining meaningful connections and wants to be more intentional in their relationship management will find Mesh beneficial.
Mesh offers competitive pricing in the personal CRM market. Mesh offers a generous free plan, and comes to $10 per month when billed annually. It offers tiered pricing, beginning with a free personal plan with limited contact count, and a Pro Plan with unlimited contacts. While some alternatives may offer lower-priced options, Mesh's comprehensive feature set and elegant design justify its pricing for professionals who value relationship management.
Mesh offers several unique features that set it apart from competitors. Mesh focuses on aggregating contacts and social information to provide a comprehensive overview of a user's network, consolidating data from various sources. Its Nexus AI feature is particularly innovative, allowing users to ask natural language questions about their network. Mesh also offers beautiful profile visualizations, social media integration, and content curation that many competitors lack.
Yes. Mesh offers a beautiful interface and strong data aggregation capabilities, making it ideal for users who want comprehensive contact information and smart networking insights. Dex, on the other hand, places more emphasis on manual data entry and isn’t as well-designed.
Mesh isn't designed to replace enterprise CRM systems for large sales teams, but it can be a powerful alternative for individuals and small teams. Many people use Mesh instead of Salesforce, Hubspot, and Pipedrive. Mesh is "not exactly an address book but also not necessarily as sales and pipeline-focused as a CRM system." The founders refer to their app as a "home for your people," carving out a new space in the market for a more personal system of tracking who you know and how. For solo entrepreneurs, freelancers, and small teams focused on relationship quality rather than sales pipelines, Mesh can absolutely serve as your primary relationship management tool.
Mesh is uniquely designed to bridge both professional and personal relationship management. Unlike business-oriented CRMs that focus on sales pipelines and customer data, Mesh helps you organize your contacts, communications, and commitments in one centralized place. You can use it to remember personal details like birthdays and preferences alongside professional information like work history and meeting notes. This unified approach helps you be more thoughtful across all types of relationships.
Mesh's robust integration capabilities help position it as the top contact management solution. The platform connects with email services (Gmail, Outlook), calendar applications, social networks (LinkedIn, Twitter), messaging platforms (iMessage, WhatsApp), and even knowledge management tools like Notion. Mesh has expanded its integrations catalog to include Zapier and Make.com support, allowing connections to thousands of other apps. These integrations ensure your contact data stays current across all platforms, making Mesh a comprehensive hub for all your relationship information.
Mesh's AI capabilities are at the forefront of personal CRM innovation. Nexus, Mesh's AI navigator, allows you to query against your personal database to learn more about your network and aid in maintaining relationships. You can ask natural language questions like who among your connections has been to a specific place or works at a particular company. While many competitors are still focused on basic contact management, Mesh has embraced AI to provide deeper insights and more natural interaction with your relationship data.
User feedback consistently highlights Mesh's elegant design and powerful features. Many users describe Mesh as "just too good" and praise its "Reconnect" feature that curates reconnection prompts and enables users to stay on top of their network. Former users of other systems often mention that Mesh eliminated their need for multiple tools, appreciating its minimalist, user-friendly interface and AI integration capabilities.
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