IP and counterculture: Who owns a tattoo?; Lexology, September 27, 2019

Novagraaf - Alastair Rawlence, Lexology; IP and counterculture: Who owns a tattoo?

"Advising the artist: think bigger than copyright

With the exception of tribal tattoos based on an indigenous right or designs transferred to another party via assignment, IP rights in tattoo artwork will belong to the artist that created the tattoo, assuming it meets the requirements for artistic copyright. To do this, it needs to be ‘fixed’ (ie permanent) and ‘original’, although the threshold for the latter is fairly low.

As their tattoo body of work will invariably qualify for copyright protection, in theory there is nothing tattoo artists need to do to prove the subsistence of this right other than keep records of their designs and their creation dates. However, a tattoo design can also be eligible for trademark protection where it satisfies the requirements of a bona fide intention to use: for example use in marketing as part of a branded range of products. It may also function as a design right where the tattoo satisfies the requirement for novelty."

The Scouts Teach Us All a Lesson About Trademark Law; Forbes, February 12, 2019

Tony Marks, Forbes; The Scouts Teach Us All a Lesson About Trademark Law

"David Harford, an attorney with Bryan Cave Leighton Paisner, contributed to this post."...

"Ultimately, the Girl Scout’s suit against the Boy Scouts demonstrates the caution that should be exercised regarding the use of intellectual property in connection with the alteration and expansion of services.  This is a message that all franchisors should take to heart as they rebrand or brand products and services.  The Boy Scouts likely devoted a lot of resources to determine how they should let everyone know that they were offering new services.  Instead of just reaping the benefits of that work, they are now fighting a lawsuit that may result in their inability to take advantage of their new marketing strategy."

Why Protecting Recipes Under Intellectual Property Law May Leave a Bad Taste in Your Mouth; Above The Law, August 27, 2018

Tom Kulik, Above The Law; Why Protecting Recipes Under Intellectual Property Law May Leave a Bad Taste in Your Mouth

[Kip Currier: Interesting and useful information--in case you're thinking about monetizing your own BBQ rub...or marketing Grandma's secret recipe for fill-in-the-blank.] 

"What may be pleasing to the palate, however, is not always acceptable under intellectual property law."

Letter to the Editor: "Get the Facts on Readers", Emailed to The Pittsburgh Post-Gazette; Kip Currier, September 1, 2018

[Kip Currier: I'm copying below a Letter to the Editor--titled "Get the Facts on Readers"--that I emailed today (September 1, 2018) to The Pittsburgh Post-Gazette. For additional background, see this story.]

Get the Facts on Readers

Dear Editor,

The Post-Gazette is running a multi-platform ad campaign that weaponizes variations of the line “I will never go digital” to make fun of older readers, depicted as fuddy-duddy Luddites. In one particularly offensive TV spot, a digitally-savvy granddaughter openly mocks her grandmother who prefers print.

Research refutes the ageist “messages” in the P-G’s divisive marketing campaign. Many adult U.S. readers—of all ages—are hybrid readers who want the choice of information in both print and digital formats.

As evidence, take a look at some of the key findings from a Jan. 3-10, 2018 national survey of 2,002 U.S. adults, reported by the well-respected, non-partisan Pew Research Center:

Despite some growth in certain digital formats, it remains the case that relatively few Americans consume digital books (which include audiobooks and e-books) to the exclusion of print. Some 39% of Americans say they read only print books, while 29% read in these digital formats and also read print books.

And the coup de grace to the P-G’s graceless stereotyping:

Some demographic groups are more likely than others to be digital-only book readers, but in general this behavior is relatively rare across a wide range of demographics. For example, 10% of 18- to 29-year-olds only read books in digital formats, compared with 5% of those ages 50-64 and 4% of those 65 and older.

The P-G’s preening effort to digitally divide users borders on farce, given that P-G writers and staff repeatedly concede the deplorable state of the newspaper’s digital search and archival features.

The P-G’s tagline is “One of America’s Great Newspapers”. Unfortunately, for a variety of reasons, that tagline is not supported by facts. So, here’s a “message” for P-G ownership:

Hire some of the Pittsburgh region’s highly educated information professionals to help the P-G become a bona fide leader in print and digital content, search, and delivery. Give the Pittsburgh region a truly great newspaper that inclusively serves and respects all of its readers and residents.

James “Kip” Currier 

Mt. Lebanon