Adam Liptak, The New York Times; Supreme Court Upholds Procedure That’s Said to Combat ‘Patent Trolls’
"The Supreme Court on Tuesday upheld the constitutionality of a procedure that makes it easier to challenge questionable patents.
The procedure, created by Congress in 2011, resembles a trial in federal court, but is conducted by an executive-branch agency. Supporters say it helps combat “patent trolls,” or companies that obtain patents not to use them but to demand royalties and sue for damages.
Opponents say the procedure violates the Constitution by usurping the role of the federal courts, violating the separation of powers and denying patent holders the right to a jury trial.
By a 7-to-2 vote, the Supreme Court ruled that the procedure was a permissible way for the agency that administers patents to fix its mistakes."
Tuesday, April 24, 2018
Monkey can't sue for copyright infringement of selfies, 9th Circuit rules; The Los Angeles Times, April 23, 2018
Maura Dolan, The Los Angeles Times; Monkey can't sue for copyright infringement of selfies, 9th Circuit rules
"A federal appeals court decided unanimously Monday that animals may not sue for copyright protection.
The ruling came in the case of a monkey that took selfies with a wildlife photographer's camera. The photographer later published the photos."
"A federal appeals court decided unanimously Monday that animals may not sue for copyright protection.
The ruling came in the case of a monkey that took selfies with a wildlife photographer's camera. The photographer later published the photos."
Monday, April 23, 2018
What Harley Davidson’s $19.2M Throttling Of Sunfrog REALLY Means… And It’s Not The Money; Above The Law, April 23, 2018
Tom Kulik, Above The Law; What Harley Davidson’s $19.2M Throttling Of Sunfrog REALLY Means… And It’s Not The Money
When it comes to intellectual property rights, companies ignoring their impact do so at their own risk.
"The point here is that rapid growth and success makes being proactive even more essential to the business. Rather than follow-through with significant steps to stop the printing of infringing products, something got lost in the process and Sunfrog simply couldn’t get its arms around the scope of the problem. In effect, Sunfrog’s failure to effectively address this problem made Sunfrog a counterfeiter — it permitted the printing of infringing designs on T-shirts sold through its website, making Sunfrog a nice profit in the process. Of course, this was never Sunfrog’s intent — it set out to create a highly successful platform for printing custom T-shirts online, and in fact, succeeded in doing so. That said, it also underestimated the extent to which a sizable part of its business model required intellectual property oversight — an oversight that is now costing them in both monetary and reputation damages.
Ultimately, the Sunfrog case is highly instructive on a number of levels, but the failure to appreciate the scope and extent of intellectual property oversight by Sunfrog is telling. Whether your company or client is a startup or an already successful going concern, the use of intellectual property can never be taken for granted. When it comes to intellectual property rights, companies ignoring their impact do so at their own risk. The good news is that warning signs usually present themselves at some point. The bad news is that such signs can be ignored or otherwise under-appreciated. That is the real point here, and a risk that your company (or client) shouldn’t take — just ask Sunfrog."
New Tattoo Copyright Infringement Case Filed By Artist Who Inked WWE Wrestler Randy Orton; Forbes, April 18, 2018
Darren Heitner, Forbes; New Tattoo Copyright Infringement Case Filed By Artist Who Inked WWE Wrestler Randy Orton
"A new lawsuit will once again test the extent that Copyright Law applies when tattoos are involved. Catherine Alexander, the tattooist who inked WWE wrestler Randy Orton, has filed a lawsuit against WWE and 2K Games (the publisher of video games such as WWE 2K) for allegedly using her designs in a commercial manner and without her consent.
"A new lawsuit will once again test the extent that Copyright Law applies when tattoos are involved. Catherine Alexander, the tattooist who inked WWE wrestler Randy Orton, has filed a lawsuit against WWE and 2K Games (the publisher of video games such as WWE 2K) for allegedly using her designs in a commercial manner and without her consent.
Alexander makes the claim that the video games featuring Orton contain exact replications, in digital design, to multiple tattoos, including a tribal tattoo that she placed on the wrestler's upper back, and that the use constitutes copyright infringement. The lawsuit, filed in the U.S. District Court for the Southern District of Illinois, indicates that Alexander even made prior efforts to come to an agreement with the WWE."
Frida Kahlo Barbie doll banned from shop shelves in Mexico; BBC, April 20, 2018
BBC; Frida Kahlo Barbie doll banned from shop shelves in Mexico
"A court has barred sales in Mexico of a controversial Frida Kahlo Barbie doll, ruling that members of her family own the sole rights to her image.
"A court has barred sales in Mexico of a controversial Frida Kahlo Barbie doll, ruling that members of her family own the sole rights to her image.
The toy company Mattel launched a range of new Barbie dolls based on "inspiring women" - artist Frida Kahlo among them.
But some of Kahlo's relatives said the manufacturer had used the painter's image without permission."
Sunday, April 22, 2018
IP-Transformative Entrepreneurs or IP Law Infringers and Scofflaws? Observations from Steel City Con 2018
IP-Transformative Entrepreneurs or IP Law Infringers and Scofflaws?
Observations from Steel City Con 2018
Kip Currier: Last weekend at Pittsburgh's Steel City Con 2018, I observed and spoke with a number of sellers/vendors. These vendors, as I see it, primarily fall into 2 different categories, in terms of what they're selling.
Category #1: Unaltered Goods.
Sellers of sold-as-is comic books, action figures, toys, games, autographed celebrity photos, etc. Items whose original form has not been materially altered (transformed) from the time they were created by the original publisher, manufacturer, or company. [Other than perhaps having been previously read (in the case of comic books) or played with (e.g. action figures, toys, and games)].
Examples:
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| Licensed Negan-carrying "Lucille" Bats from The Walking Dead James "Kip" Currier (c) 2018 |
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| Lost in Space DIY plastic kit James "Kip" Currier (c) 2018 |
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| Rainbow (or Arc-en-ciel, en francais) Batman action figures (...Curious to know the idea/motivation behind this incarnation of The Caped Crusader!) James "Kip" Currier (c) 2018 |
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| Seller with miscellaneous goods for sale...and 2 Jeannies James "Kip" Currier (c) 2018 |
Category #2: Altered Goods (--not to be confused with recently-released Netflix Sci-Fi show Altered Carbon)
Sellers of goods that incorporate, build upon, mashup (combine), transform, and/or some would say appropriate aspects of existing Intellectual Property, such as well-known trademarked logos, designs, characters, devices, etc.
The ongoing issue for consideration-- depending on where you fall on the "fan culture", "transformativeness", "IP infringement" spectrum--is whether you think the folks in Category 2 are:
- Intellectual Property-Transformative Entrepreneurs?
- Intellectual Property Law Infringers and Scofflaws?
- Something else?
Last year I wrote about and included photos of some sellers, who I'd spoken with at Steel City Con 2017:
Some examples of works that I observed being sold at the Con veer closer to (and step over?) the edge of infringement than others that can make stronger arguments for "transformativeness". Cristine Cordero's Heroes and Heels is a good example of the latter. Cristine told me that she uses actual comic book-clipped images to bring one-of-a-kind "custom created comic book shoes" to life...and her customers' feet.
At the 2017 Steel City Con, I spoke with a seller named Jim Radeshak, who was back this year. He runs Feisty Goblin Crafts and make "Handmade Comic Book Art Items" that he sell at Conventions and on Etsy. Radeshak's business card cheekily declares that he is "Cutting up comics to make yours more valuable!" He explained that he cuts out images from comic books and free Previews of comic books. Then affixes those images to ceramic coasters, via a process of lacquer application and "baking":
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| Coasters made by Jim Radeshak's Feisty Goblin Crafts James "Kip" Currier (c) 2018 |
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| More Feisty Goblin Crafts' Coasters James "Kip" Currier (c) 2018 |
I also spoke briefly with Michael Fulton. He bills himself as The Wandmaker and makes "Original Hand-crafted Wands" of all shapes and sizes. The spitting image of Eddie Redmayne's Newt Scamander (J.K. Rowling's literary and cinematic protagonist in 2016's fantasy film Fantastic Beasts and Where to Find Them), the wand-and-magic-suitcase-in-hands would-be wizard dashed from behind his wands-covered vending table to conjure up a photo:
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| Wandmaker, Michael Fulton, as J.K. Rowling's Newt Scamander James "Kip" Currier (c) 2018 |
This clever T-shirt business, called Cleveland Sleeves, "mashes up" brands, such as Star Wars characters with famous sports teams. Like this one that amalgamates the Pittsburgh Pirates baseball team with a Star Wars Stormtrooper mask:
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| James "Kip" Currier (c) 2018 |
In this photo, the Cleveland Sleeves salesperson on the left sports a T-shirt that displays Pittsburgh in the recognizable block-y font from the first Superman franchise film series:
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| Cleveland Sleeves T-shirts and vendors James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
An artist (or artists) has taken iconic comic book covers from, say, Marvel and DC Comics and substituted and/or added in wrestling celebrities for the original comic book characters...Mick Foley standing in for Spider-Man. Becky Lynch swapping out She-Hulk:
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
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| Star Wars-themed bespoke clothing and gear James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
Even clothing for babies and toddlers:
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| James "Kip" Currier (c) 2018 |
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| James "Kip" Currier (c) 2018 |
And, finally...for that impossible-to-buy-for-person in your life who already has everything...
What about a colorful custom-made crocheted Mermaid tail?
Perfect on a cold night for snuggling--with yourself...
Or for cosplaying Daryl Hannah's Splash mermaid Madison, indulging in a summer seaside swim; albeit a soggy one.
Perhaps Plato had it right that "necessity" really is the "mother of invention".
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| James "Kip" Currier (c) 2018 |
Friday, April 20, 2018
33rd Annual ABA Intellectual Property Law Conference, April 18-20, 2018
33rd Annual ABA Intellectual Property Law Conference, Arlington, Virginia
[Kip Currier: The April 19th Conference sessions I attended were outstanding. Particularly thought-provoking was the "Ethical Issues in Emerging Technology" session, with panelists discussing legal, ethical, and policy implications of Wearable Technologies (e.g. FitBits), 3D Printers, and Autonomous Vehicles.
I'll be posting some highlights and photos from the sessions in the next few days.]
Friday, April 20
Thursday, April 19, 2018
33rd Annual ABA Intellectual Property Law Conference, April 18-20, 2018
33rd Annual ABA Intellectual Property Law Conference, Arlington, Virginia
[Kip Currier: 1st full day of this year's American Bar Association Intellectual Property Law Conference. Lots of intriguing sessions to choose from...case in point, the 10:15 AM slot has two concurrent ones I want to attend--Trademark/Ethics: Ethical Issues in Emerging Technology and Copyright: Copyright Law and Policy Developments.
I'm also attending the Mark T. Banner luncheon today, featuring Simon Tam of the band The Slants and his legal team, who last year won a major federal trademark law case, Matal v. Tam (previously Lee v. Tam), involving so-called disparaging trademarks. The case presented potentially significant implications for free speech and economic interests. Tam and his band spoke as part of a very thought-provoking panel at Duquesne University last April, before the U.S. Supreme Court had announced its decision in June 2017. The Slants prevailed, in a unanimous decision.
I talked with Tam after the April 2017 panel about the case and he insisted on having his bandmates sign the band's poster I'd purchased.
It will be interesting to hear thoughts from the various parties a year later, regarding post-Matal v. Tam implications...]
Thursday, April 19
Sunday, April 15, 2018
A Nexus of Fan Culture and IP: Steel City Con Cosplay Pics...AND the Real McCoy--err, Eden; Steel City Con, April 13-15, 2018
Kip Currier, "A Nexus of Fan Culture and IP:
Steel City Con Cosplay Pics...AND the RealMcCoy Eden":
Steel City Con Cosplay Pics...AND the Real
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| Chewbacca and Frenemies James "Kip" Currier (c) 2018 |
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| Jurassic Park ranger "Show & Tell" James "Kip" Currier (c) 2018 |
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| Star Wars Families: They're Just Like Us! James "Kip" Currier (c) 2018 |
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| 3 Jawas and a Stormtrooper walk into a Bar... James "Kip" Currier (c) 2018 |
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| Holy Sith! James "Kip" Currier (c) 2018 |
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| R2D2 chillin' at Steel City Con James "Kip" Currier (c) 2018 |
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| Black Sheep of the R2D2 Clan |
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| Enter the Marvel Heroes... Captain America: The First Avenger James "Kip" Currier (c) 2018 |
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| Spider-Man striking a pose James "Kip" Currier (c) 2018 |
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| Don't Mess with Cap and Ms. Marvel James "Kip" Currier (c) 2018 |
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| (Hey, Phoenix....We Told You--No Avengers v. X-Men dustup right now...the Disney/Fox merger HASN'T been approved yet!) James "Kip" Currier (c) 2018 |
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| And at the other side of the Thunderdome...Enter the DC heroes... (Green) Arrow and Black Canary James "Kip" Currier (c) 2018 |
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| The 1st Flash....Jay Garrick James "Kip" Currier (c) 2018 |
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| Clark Kent and Zatanna James "Kip" Currier (c) 2018 |
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| The Joker...sporting REALLY good hair product! James "Kip" Currier (c) 2018 |
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| Shades of a DC Marvel meet cute?... --"Joker, say Hello to Silk" --"Silk...meet Joker" James "Kip" Currier (c) 2018 |
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| "Fox and Friends" 2.0... It's "Flash and Friends" James "Kip" Currier (c) 2018 |
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| Newt Scamander...Have Wand Will Travel James "Kip" Currier (c) 2018 |
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| A magnificent Maleficent James "Kip" Currier (c) 2018 |
"Uh, guys...I'm here for the Game of Thrones Season 8 Extras Audition..."
James "Kip" Currier (c) 2018
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| Freddy Krueger (...and Frozen's Elsa in the back left. Yikes!) James "Kip" Currier (c) 2018 |
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| Michael Myers James "Kip" Currier (c) 2018 |
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| Kylo Ren, Negan, and Lucille James "Kip" Currier (c) 2018 |
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| Captain Kangaroo and Mr. Moose James "Kip" Currier (c) 2018 |
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| King Ezekiel (AKA "not your king", "not your majesty", "just some guy") sans Shiva... "Excuse me...Has anyone seen a really stealthy Bengal Tiger around here?..." James "Kip" Currier (c) 2018 |
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| Seeing double...2 Jeannies James "Kip" Currier (c) 2018 |
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| AND the REAL Jeannie herself...Miss Barbara Eden James "Kip" Currier (c) 2018 |
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