China Smartphone Makers Snap Up Patents in Fight for Market Dominance; Wall Street Journal, 6/20/16

Juro Osawa, Wall Street Journal; China Smartphone Makers Snap Up Patents in Fight for Market Dominance:

"China’s smartphone makers increasingly are turning to patents as ammunition as they try to reel in global leaders Apple Inc. and Samsung Electronics Co."

Exhibit Explores Ancient Roman 'Designer' Labels, Trademarks; Associated Press via ABC News, 6/16/16

Frances D'Emilio, Associated Press via ABC News; Exhibit Explores Ancient Roman 'Designer' Labels, Trademarks:

"In an ancient twist to today's Made-in-Italy labeling, Romans of some 2,000 years ago took to branding with zeal, putting names, trademarks and other identifying details with meticulous care on items including tableware, plumbing pipes and lead ammunition for slingshots."

Taylor Swift Wants YouTube To Treat Artists More Fairly, Too; Huffington Post, 6/20/16

Sara Boboltz, Huffington Post; Taylor Swift Wants YouTube To Treat Artists More Fairly, Too:

"Taylor Swift, Sir Paul McCartney and U2 are among those set to join the music industry’s increasingly loud battle with the world’s largest music service: YouTube. The musicians hope to plead the case in a series of ads this week that it is time to reform a 17-year-old law known as the Digital Millennium Copyright Act that they believe puts tech giants before musicians.

Enacted way back in 1998, the DMCA offers certain protections — sometimes called “safe harbor” — for websites hosting copyrighted content. Under the law, websites like YouTube can serve copyrighted music uploaded by ordinary users so long as the site takes it down when the rights holder asks. In an open letter to be published Tuesday in D.C.-based publications The Hill, Politico and Roll Call, dozens of artists and major record labels call for reforming the DMCA, according to multiple reports.

Many major record labels are currently involved in contract renegotiations with YouTube, or will be shortly, meaning the letter will make its debut at a key time. Those same labels believe that the DMCA gives big tech companies like YouTube a leg up in negotiating fees — meaning less revenue is making its way back to music creators. And that doesn’t make artists very happy, either. Music industry executives call that difference between actual profit from user-generated content sites and estimated potential profit a “value gap.” And they’re out to close it."

Led Zeppelin faces copyright case for ‘Stairway to Heaven’; PBS NewsHour, 6/19/16

[Podcast and Transcript] Phil Hirschkorn, PBS NewsHour; Led Zeppelin faces copyright case for ‘Stairway to Heaven’ :

"This week in Los Angeles federal court, a jury began hearing evidence and testimony on whether rock band Led Zeppelin may have lifted part of their iconic song, “Stairway to Heaven.” At stake is the band’s reputation and millions of dollars. NewsHour Weekend’s Phil Hirschkorn reports."

Progress Worth Noting: Congress Strengthens The Freedom Of Information Act And The Public’s Right To Know; Huffington Post, 6/17/16

Dorothy Samuels, Huffington Post; Progress Worth Noting: Congress Strengthens The Freedom Of Information Act And The Public’s Right To Know:

"In a gloomy news week dominated by the slaughter of 49 people at a gay nightclub in Orlando, Fla. and its aftermath, it is understandable that Congressional approval of unrelated legislation easing access to government records has not garnered tons of public attention. But Monday’s House passage of the bipartisan Freedom of Information Improvement Act previously approved by the Senate (also by a unanimous vote) now sends to the White House a major FOIA reform bill and blast against Washington’s culture of unwarranted government secrecy. President Obama has said he’ll sign the measure — a fitting way to mark the 50th anniversary of the nation’s premier transparency law this July 4th.

The bill’s foremost accomplishment is that it will embed in federal law a “presumption of openness,” making it clear that “sunshine, not secrecy, is the default setting of our government” and “government information belongs in the hands of the people,” as Patrick Leahy of Vermont, the Senate’s foremost Democratic champion of the legislation puts it...

The idea is to make it harder for agency officials deny release of government information sought under the FOIA. The “presumption of openness” was first laid out as executive branch policy by President Bill Clinton, only to be reversed by his successor, President George W. Bush. President Obama reinstated it in 2009 as one of his first acts upon taking office, but his administration has been criticized for straying from the commitment to openness in practice, even lobbying against a similar version of the legislation that nearly passed both houses of Congress two years ago."

Four Big Questions to Help You Understand the Federal Defend Trade Secrets Act; National Law Review, 6/16/16

William A. Nolan, National Law Review; Four Big Questions to Help You Understand the Federal Defend Trade Secrets Act:

"On May 11, President Obama signed into law the Defend Trade Secrets Act (DTSA), effective immediately. Previously, trade secret law has consisted almost entirely of 48 states’ versions of the Uniform Trade Secrets Act (UTSA), so a federal law is a significant development. Almost all businesses have at least some confidential information that would qualify as a trade secret, so it is important for businesses and their lawyers to understand what this new federal law means and does not mean. We do that here with four broad questions."

What is a Trademark? Is Your Business Ready for one?; Small Business Trends, 6/16/16

Nellie Akalp, Small Business Trends; What is a Trademark? Is Your Business Ready for one? :

"It takes a minimum of several months — sometimes close to a year — to register a trademark. While you may be at the mercy of the backlog at the USPTO, there are a few things you can do to make sure your application is processed as quickly as possible. First, the more distinctive your mark is, the easier it will be to trademark. A descriptive or generic name like “Pretty Flowers” will most likely be rejected.

In addition, performing a very thorough name search upfront is the most important thing you can do to speed along your trademark application and minimize the chance of rejection. Your application will be rejected (and you’ll lose your application fee) if the USPTO finds another business is already using a similar mark in commerce.

Searching the USPTO’s online database is a first step toward finding any similar and potentially conflicting marks. But, if you’re serious about your trademark application, you should also perform a thorough search that includes state trademark databases and business directories. That’s because a business can enjoy common law rights without formally registering. You can have a trademark lawyer or online legal filing service help you with this important search."