Cattle researchers fight 'extraordinary' patent of bovine genome; ABC, 11/17/16

Sarina Locke, ABC; Cattle researchers fight 'extraordinary' patent of bovine genome:

"In a move which has shocked cattle researchers and breeders, two American companies are trying to patent the bovine genome in Australia.

Meat and Livestock Australia has lodged action in the Federal Court against the Australian Patent office for granting the patent to Cargill and Branhaven.

Researchers fear it could spread to other livestock research.

Livestock Professor Rob Banks, said he was appalled that a private company could be granted rights over genes that had been publicly available since the 1980s."

Elena Ferrante’s Right to a Pseudonym; Atlantic, 11/15/16

Atlantic; Elena Ferrante’s Right to a Pseudonym:

"Curiously, the United States remains possibly the only country in the world not to recognize an author’s right to be named as the creator of his or her own work, despite huge pressure from authors’ groups and legal experts to do so. American law provides for a limited “right of attribution,” as it is called in the U.S. Copyright Act, but only in relation to works of fine art. Writers, musicians, and creators working in other disciplines have no such right at all. Establishing one would bring the United States into line with the rest of the world—a good thing when creative works literally circulate without borders, and reputations must stand or fall on the global stage.

In Italy, the copyright law says that a pseudonym will be treated as equivalent to the author’s true name, unless (and until) the author chooses to reveal his or her identity. Both the language of the law, and its silences, are arguably significant. In no way is any outsider empowered to reveal an author’s “true” identity when the author has chosen to publish under a pseudonym. Italian law wouldn’t seem to condone a concerted effort such as Gatti’s to uncover Ferrante’s identity."

Patent Pending; The Crimson, 10/20/16

C. Ramsey Fahs, The Crimson; Patent Pending:

"One way to ensure that offices truly act in the public good, says Rooksby, is to promote broader public understanding of the tech transfer process.

“Intellectual property as a topic is misunderstood… but the issues are important,” says Rooksby. “They are important in isolation and in aggregate. These problems are too important and too impactful on the public to just let the lawyers figure them out.”"

YouTuber Faces $300,000 Fine Over Donald Trump Parody; Digital Music News, 11/14/16

Paul Resnikoff, Digital Music News; YouTuber Faces $300,000 Fine Over Donald Trump Parody:

[Kip Currier: Interesting fact pattern but misleading clickbait headline and incomplete/inaccurate statements in some areas regarding the potential damages, i.e. the maximum amount for an instance of willful copyright infringement is $150,000. But the range of that damages continuum is $750 - $150,000. Under the U.S. Copyright Act, § 504. Remedies for infringement: Damages and profits sets out under the Statutory Damages provision that: "(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.

(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200."]

[Paul Resnikoff writes here that:]"Perhaps more importantly, the cost for infringing on copyright is $150,000 per work. At two license violations, that comes to $300,000. Atkins may face that penalty if a judge rules against him. [In that last sentence, "...may face that penalty...", is an important nuance.]

The teardown and lawsuit is raising fresh questions about whether parody is indeed protected by copyright law. Or, whether substantial uses of copyrighted material constitute grounds for a complete rip-down. The ‘Clockwork Trump’ YouTube clip employs plenty of snippets from A Clockwork Orange, though it also borrows heavily from Carlos’ version of William Tell Overture.

Atkin is obviously arguing that this isn’t infringement, though his parody makes no mention of the music itself.

Update: 5:30 am PT: Looks like another version of the Donald Trump video is back up, though we’re not sure if this is the original upload. We’re still determining if this is because the counter-notification was indeed granted.

The teardown comes at a tense moment between YouTube and the music industry. Outspoken critics like manager Irving Azoff have blasted YouTube for failing to compensate artists properly, while YouTube says its takedown system is effective. Now, it appears that copyright owners are taking matters into their own hands."

Clarence M. Ditlow III, Auto Safety Crusader, Dies at 72; New York Times, 11/11/16

Robert D. McFadden, New York Times; Clarence M. Ditlow III, Auto Safety Crusader, Dies at 72:

"As head of the Center for Auto Safety, based in Washington, for 40 years, Mr. Ditlow exposed hundreds of automotive defects. He was instrumental in forcing manufacturers to recall the Ford Pintos with infamous exploding gas tanks, Toyotas that suddenly accelerated out of control and General Motors pickup trucks with sidesaddle gas tanks that blew up in collisions, killing more than 1,000 people.

With a budget of less than half the cost of one G.M. Super Bowl commercial, Mr. Ditlow took on auto industry giants in lawsuits that tightened standards for ignition systems, airbags and fuel efficiency; lobbied government agencies to ban driving while texting or using cellphones; and achieved “lemon laws” in all 50 states that made it easier for buyers to return defective vehicles.

“He was the nightmare of the misbehaving auto industry and the dream of safety-conscious motorists,” Ralph Nader, the consumer advocate and Mr. Ditlow’s mentor, said in an interview in October. “He was also honest, ethical and self-effacing.”...

He often sought data under the Freedom of Information laws and sometimes found shocking unintended revelations...

Clarence Mintzer Ditlow III was born on Jan. 26, 1944, one of three children of Clarence Mintzer Ditlow Jr. and the former Myrtice Lamb, and grew up in Camp Hill, Pa. His father was a service manager at a Chevrolet dealership in Harrisburg, Pa. He earned a bachelor’s degree in chemical engineering from Lehigh University in Pennsylvania in 1965. After working for five years as a patent examiner in the United States Patent Office, he received a juris doctorate from Georgetown University in 1970 and a master’s degree in law at Harvard in 1971."

Clinton Campaigns in Philadelphia; New York Times, 11/8/16

[Video] New York Times; Clinton Campaigns in Philadelphia:

"Hillary Clinton is in Philadelphia with President Obama, the first lady, Bruce Springsteen and Jon Bon Jovi in an effort to get out the vote Tuesday. The audio may mute intermittently because of copyright concerns."

Erasing the Past From Google Search; New York Times, 11/11/16

J.D. Biersdorfer, New York Times; Erasing the Past From Google Search:

"Q. Is there a “right to be forgotten” in the United States? How do you get false or damaging personal information removed from Google search results?"

U.S. Judge Rejects World Chess Bid to Block Websites From Airing Moves; Reuters, 11/11/16

Reuters; U.S. Judge Rejects World Chess Bid to Block Websites From Airing Moves:

"Organizers of the World Chess Championship on Thursday failed to persuade a federal judge to block rival website operators from broadcasting chess moves at the upcoming Nov. 11-30 match in New York.

U.S. District Judge Victor Marrero ruled that the tournament organizers had not made a sufficient case to justify a preliminary injunction. He said the public interest would be served by "robust reporting," and analysis of the event...

The defendants E-Learning Ltd and Logical Thinking Ltd, which operate website Chess24.com, had argued in court papers that World Chess was seeking to stop websites from reporting on information already in the public domain and not protected by copyright law."

Not Everyone’s Hero; Inside Higher Ed, 11/11/16

Carl Straumsheim, Inside Higher Ed; Not Everyone’s Hero:

"Course Hero has in the past banned users for repeatedly violating its honor code -- which states, “[Don’t] use Course Hero materials or tutors to complete assignments when instructed not to use outside help” -- and its terms of service, though Mork did not say how many times users can violate those policies. The company also uses technology that detects and blocks students from posting content that has previously been removed in response to a DMCA takedown request.

The technology doesn’t detect copyright violations before the material is posted, however. In Gollin’s case, for example, each page of the homework assignment was marked with copyright language."

Rubik's Cube puzzled after losing EU trademark battle; Guardian, 11/10/16

Rebecca Smithers, Guardian; Rubik's Cube puzzled after losing EU trademark battle:

"...[O]n Thursday – after a 10-year legal tussle – Rubik’s Cube lost a key trademark battle after the European court of justice (ECJ) said its shape was not sufficient to grant it protection from copycat versions.

The eponymous puzzle, invented in 1974 by Hungarian sculptor and architect Prof Ernő Rubik, is popular among young and old, with more than 350m cubes sold worldwide.

UK company Seven Towers, which oversees Rubik’s Cube intellectual property rights, registered the shape as a three-dimensional EU trademark with the European Union Intellectual Property Office (EUIPO) in April 1999.

But the court ruled that the EU trademark representing the shape of the Rubik’s Cube was invalid. The ruling has ramifications for the game’s various licensed manufacturers, including John Adams in the UK, which could face competition from mass-produced, cheaper imitations."

Examining Trump's History: The New President And Trademark Rights; Forbes, 11/10/16

Jess Collen, New York Times; Examining Trump's History: The New President And Trademark Rights:

"What does Mr. Trump’s history of trademark litigation foretell? We’ve made an extensive examination of lawsuits filed, administrative challenges in the Trademark Office, and Trump’s history of trademark registration ownership.

Two of the things about Donald Trump which have become legendary are his love of the “Trump” brand, and his love of litigation. What do his trademark lawsuits and registrations foretell about the course of trademark law in this country for the next four years?"

Murder (or not) at the Library of Congress?; Washington Post, 10/31/16

David Post, Washington Post; Murder (or not) at the Library of Congress? :

"We’ll likely never know the details of Pallante’s departure from her job. I’ll go out on a limb and suggest that the logical explanation is probably the actual one. I have no difficulty believing that Hayden and Pallante are both principled, independent, capable people who disagreed on a structural matter so fundamental to the future of the library and the Copyright Office that it was simply not possible for them both to continue in the jobs to which they had been appointed. The Copyright Act gives the librarian supervisory authority over the register of copyrights: “The Register of Copyrights, together with the subordinate officers and employees of the Copyright Office, shall be appointed by the Librarian of Congress, and shall act under the Librarian’s general direction and supervision.” (17 U.S.C. § 701.) Hayden operated within her authority when she reassigned Pallante to another position within the Library of Congress. The register graciously and understandably declined the new appointment.

Those of us who care about the future of the copyright system and the important cultural values it is intended to further — and we are a big tent full of strong-minded people — should get to work finding the next register of copyrights. It’s past time to move beyond the suspicion and rancor that have come to dominate debates over copyright policy. We have a new librarian of Congress, and we will soon have a new register of copyrights. As a community of big and small creators and technologists, we should help the librarian and the register work together to build a more technologically advanced and operationally focused Copyright Office."

New York Today: 104 Years Old, and Still Voting; New York Times, 11/8/16

Alexandra S. Levine, New York Times; New York Today: 104 Years Old, and Still Voting:

"On this Election Day, as the presidential campaigns of two New York residents come to an end, another New Yorker — Rose Orbach — plans to do her civic duty and vote — again.

The resident of Bayside, Queens, is 104. She’s voting in her 16th presidential election.

(Stevenson. Kennedy. Johnson. Humphrey. McGovern. Carter, twice. Mondale. Dukakis. Clinton, twice. Gore. Kerry. Obama, twice. You may spot a trend.)

Born in 1911, Mrs. Orbach emigrated from Poland shortly after World War II. She became an American citizen by 1955, and voted in her first presidential election here the following year.

The idea of having and using her voice, without facing persecution, was novel.

“In Poland, it was a whole different system,” she said. “Especially for Jewish people, who weren’t treated like everybody; they were always beneath.”

When she stepped behind the curtain to vote in the 1956 race, things felt different.

“I was one with the people: I was different, I was Jewish, but I pushed the button,” she said. “I had my idea, and I was treated nice no matter what. You had your privacy and you were allowed to think what you wanted to think.”

In her nearly 60 years of living in New York, she has not missed a single presidential election — that’s at a time when more than 100 million Americans who can vote don’t vote.

So exercise your right — it’s one that many people in this world do not have."

Want Your Marijuana Startup to Succeed? Study Patent Law; Wired, 11/5/16

Mason Marks, Wired; Want Your Marijuana Startup to Succeed? Study Patent Law:

"...[M]any players in the legal marijuana industry are skeptical of the patent system. Some view patents as an ugly instrument of big business linked to over-priced drugs and other abuses. At a recent event for cannabis entrepreneurs in San Francisco, marijuana growers, manufacturers, and retailers gathered to discuss the current state of their industry. At one point the conversation turned to patent law. Many participants expressed anger and disbelief at the notion of patenting cannabis technology. One attendee stood up and exclaimed, “At least you can’t patent plants! They are part of nature!” But her assertion was incorrect. There is no prohibition against patenting plants and other living organisms. In fact, nearly any invention can be patented as long as it meets a few basic requirements—and surprisingly, being legal under federal law is not one of them...

Whether you approve of cannabis patents or not, they are taking root in this multi-billion dollar industry. The upcoming votes and changing regulatory landscape will likely help them grow. To be fully prepared, anyone entering the cannabis industry should learn the fundamentals of patent law."

Harry Potter and the Abandoned Trademarks; Geek.com, 11/7/16

Jordan Minor, Geek.com; Harry Potter and the Abandoned Trademarks:

"Check out this list of abandoned Harry Potter trademarks.

Harry Potter and the Serpent Prince

Harry Potter and the Curse of the Dementor

Harry Potter and the Tower of Shadows

Harry Potter and the Death’s Head Plot

Harry Potter and the Shadow of the Serpent

Harry Potter and the Serpent’s Revenge

Harry Potter and the Realm of the Lion

Harry Potter and the Quest of the Centaur

Harry Potter and the Mudblood Revolt

Harry Potter and the Hogwarts Hallows

Harry Potter and the Battle for Hogwarts

Harry Potter and the Hogsmeade Tomb

Harry Potter and the Myriad Moors of Miitomo"

How To Protect Your Trade Mark From Becoming a Generic Term; Lexology, 11/3/16

Baker & McKenzie, Lexology; How To Protect Your Trade Mark From Becoming a Generic Term:

"The term “brand genericide” has been used to describe the process where a trade mark brand owner, sometimes unknowingly, participates in the destruction of the distinctiveness of its trade mark. Indeed, trade mark history is full of examples of marks - often for innovative products - that have become generic: Linoleum, Escalator, Shredded Wheat, to name but a few. The well-known phenomenon of "genericism" affects various industry sectors, including the food and beverages industry: NESTLE, M&M's, COCA-COLA, TABASCO all had to deal with the risk of genericism in one way or another. Read on for practical tips which will to prevent your trade marks from becoming a common descriptive name and potentially entering the public domain."

UK Copyright Infringement: ‘Fair Dealing’ in Digital World; National Law Review, 11/7/16

National Law Review; UK Copyright Infringement: ‘Fair Dealing’ in Digital World:

"Fair dealing is, in essence, a defence to copyright infringement. It allows you to copy part of a (usually already published) third party copyright work without having to get the copyright owner’s prior permission. For example, it would allow you to copy a short passage from a book, to reproduce a photograph or other image, or to use clips from television, film or online footage. You are not required to make any payment to the copyright owner in return for use of their material. You do not need to let the copyright owner know what you are doing and you can go ahead even if the copyright owner is aware of what you are doing and objects. It is irrelevant whether you are acting in a commercial or non-commercial context.

The fair dealing defence is set out in Chapter III of the Copyright Designs and Patents Act 1988 (CDPA). There are a number of specific fair dealing exceptions covering, for example, libraries and educational settings. However, some aspects of the fair dealing defence are of wider application."

Clinton v. Trump on copyrights and patents: Reading the platform and the tea leaves; Ars Technica, 11/6/16

Joe Mullin, Ars Technica; Clinton v. Trump on copyrights and patents: Reading the platform and the tea leaves:

"The hot-button issues this election can be counted on one's fingers—and for most voters, things like copyright and patent policy don't make the list. Assigned to a wonkish zone far from the Sunday morning talk shows, intellectual property issues aren't near the heart of our deeply polarized political discourse.

Of the two major party candidates in 2016, only the Democratic candidate has a platform that even addresses copyright and patent policies. So today, let's look at what we know about Hillary Clinton's plan, and make some informed speculation about what could happen to these areas under a Donald Trump presidency."

'Gone With the Wind' and 'Wizard of Oz' protected by copyright in merchandising suit; Los Angeles Times, 11/1/16

David Ng, Los Angeles Times; 'Gone With the Wind' and 'Wizard of Oz' protected by copyright in merchandising suit:

[Kip Currier: This week in my IP and "Open" Movements graduate course we looked at two high profile music infringement lawsuits, Capitol Records v. Thomas-Rasset and Sony BMG v. Tenenbaum. Good case studies (among others) for thinking about use of copyrighted works by individuals/institutions and copyright enforcement. Timely to see Capitol Records v. Thomas-Rasset damages assessment and rationale cited in the case discussed below.]

"The defense filed another appeal, but this week, a court upheld the ruling as well as damages amounting to $10,000 for 257 copyright infractions, resulting in an award of nearly $2.6 million.

The judgment “sends a strong message about the risk of engaging in copyright and trademark infringement,” said Frederick J. Sperling, a partner at the law firm Schiff Hardin LLP, who represented Warner Bros.

Valencia, the defendant, didn’t respond to a request for comment sent through a lawyer.

The case was filed in Missouri because some of the licensees selling the products in question were based in the state.

In upholding the damages amount, the appeals court cited a 2012 Capitol Records case in which the label sued an individual for putting copyrighted songs on the Kazaa file-sharing platform. In that case, a court awarded damages of $9,250 per infringed work.

Damages for copyright infringement range between $750 and $30,000 per instance, according to U.S. law.

In its 2011 decision, the 8th Circuit court ruled that characters such as Dorothy and the Scarecrow, as well as Scarlett O’Hara and Rhett Butler, are “sufficiently distinctive to merit character protection under the respective film copyrights.”"

Conspiracy Theories Run Amok Over Copyright Office Executive Changes; Techdirt, 11/2/16

Mike Masnick, Techdirt; Conspiracy Theories Run Amok Over Copyright Office Executive Changes:

"...[S]ome folks who support ever more draconian copyright immediately jumped on all sorts of conspiracy theories about how this was really Google somehow firing Pallante, including one site that directly had that as a headline.

To anyone who actually had knowledge of what was going on, this made no sense. Hayden is not connected to Google in any way. This is just out and out tinfoil hat conspiracy theory territory from people who see "Google" behind any policy they dislike. It seemed rather obvious that, like just about any new CEO of an organization, Hayden was clearing out some senior staff for a variety of reasons. And there was a pretty obvious big reason why Hayden would like to reassign Pallante: she has been directly and publicly advocating for Congress to move the Copyright Office outside of the Library of Congress. If you came in to run an organization and one of your direct reports was going over your head to try to transfer an entire division somewhere else, it's likely you'd fire that person too. It's kind of a management 101 thing.

Over the past week, in talking to a few people at the Library of Congress, or close to it, this is the basic story that came out. Hayden didn't feel comfortable with Pallante publicly advocating against the Library of Congress, and used her role as the boss to remove her from that position. Others seem to be discovering the same thing. A report at Publisher's Weekly notes that the conspiracy theories are bunk:"

A Copyright Coup in Washington; Wall Street Journal, 11/2/16

Wall Street Journal; A Copyright Coup in Washington:

"Ms. Hayden is now looking for a copyright office successor, and don’t be surprised if she chooses someone whose experience includes time at Google. This is reason enough for Congress to take a look: If the position is open to political influence, then the register should be politically accountable—and report to elected officials, not the nation’s librarian.

Perhaps these are all coincidences and Ms. Hayden merely botched a personnel dispute. But she now has an opening to install a register friendly to Google, and anyone tempted to write off the Pallante dispute as bureaucratic squabbling should remember: The company’s goal is to defenestrate laws that protect property. The guarantee to own what you create is the reason entrepreneurs take the risks that power the economy—a reason guys like Larry Page and Sergey Brin start Google."

Who owns your ink? Tattoos artists turn to lawsuits to protect intellectual property; Australian Broadcasting Company, 10/26/16

Antony Funnell, Australian Broadcasting Company; Who owns your ink? Tattoos artists turn to lawsuits to protect intellectual property:

"Professor Johnson said she had never heard of a situation where a judge has ordered the physical removal of a tattoo. Most disputes are resolved before the need for court intervention.

"Oftentimes when there is a lawsuit, they settle very quickly because the tattoo artist a lot of times doesn't have much to lose. They are very, very interested in getting justice," she said.

"But we do have a lot of settlement talks, a lot of negotiations where people are trying to figure out how to agree in this particular capacity."

Her advice for anyone thinking of getting a tattoo in this modern litigious world?

"Get a release very early. Get a contract signed between you as the tattooed individual and the tattoo artist," she said.

"That is one of the best things an individual can do if they find themselves running afoul of some copyright-related claim, some type of contract.""

United Nations Secretary-General's High-Level Panel on Access to Medicines Report: Promoting Innovation and Access to Health Technologies; United Nations Secretary-General's High-Level Panel on Access to Medicines, 9/14/16

United Nations Secretary-General's High-Level Panel on Access to Medicines; United Nations Secretary-General's High-Level Panel on Access to Medicines Report: Promoting Innovation and Access to Health Technologies:

"Whether it’s the rising price of the EpiPen, or new outbreaks of diseases, like Ebola, Zika and yellow fever, the rising costs of health technologies and the lack of new tools to tackle health problems, like antimicrobial resistance, is a problem in rich and poor countries alike.

According to a High-Level Panel convened to advise the UN Secretary-General on improving access to medicines, the world must take bold new approaches to both health technology innovation and ensuring access so that all people can benefit from the medical advances that have dramatically improved the lives of millions around the world in the last century.

For decades, many international treaties and national constitutions have enshrined the fundamental right to health and the right to share in the benefits of scientific advancements. Yet, while the world is witnessing the immense potential of science and technology to advance health care, gaps and failures in addressing disease burdens and emerging diseases in many countries and communities remain. The misalignment between the right to health on the one hand and intellectual property and trade on the other, fuel this tension.

The UN Secretary-General established the High-Level Panel to propose solutions for addressing the incoherencies between international human rights, trade, intellectual property rights and public health objectives. The report recommendations come at the end of a ten-month process for the Panel under the leadership of Ruth Dreifuss and the former President of the Swiss Confederation and Festus Mogae, the former President of the Republic of Botswana."

Patent rights key to ensuring access to medication; Trib Live, 10/24/16

Robert A. Freeman, Trib Live; Patent rights key to ensuring access to medication:

" A United Nations panel recently released disastrous policy recommendations designed to increase access to medicines in developing countries. The panel ignored obvious solutions.

Secretary General Ban Ki-Moon originally tasked the UN High-Level Panel on Access to Medicines with remedying the “policy incoherence” between intellectual property rights and drug access. The panel predictably — and wrongly — viewed IP protections as a barrier to access rather than a bridge to medical innovation.

Undermining IP rights will not help patients in developing countries access medicines.

A 2016 Foreign Affairs study sought to determine whether strong patent protections increase the prices of drugs to developing countries. It found that patents were not key drivers of higher expenditures."

The Real Reason Drugs Cost Too Much; Bloomberg View, 8/23/16

Editorial Board, Bloomberg View; The Real Reason Drugs Cost Too Much:

"The problem would not be nearly so severe if the drugs' government-granted monopolies were shorter. Once generic versions are allowed to compete, a medicine's price often drops by almost half, sometimes more than 85 percent, if enough competitors jump into the market.

Yet the government tends to do the opposite, the Brigham and Women's researchers found, by extending market exclusivity via additional patents for trivial alterations -- a new coating on a pill, for example. This is nonsensical: Unless a drug is transformed in a way that affects its therapeutic value, it should not qualify for an extended patent.

Drug makers often stretch their own market exclusivity by paying generics companies to delay introducing competitive medicines.

The government, which is protecting these companies' monopoly rights, should demand an end to this tactic."

Librarians Working Inside Out: An Open Access Week Interview; Information Today, Inc., 10/25/16

Dave Shumaker, Information Today, Inc.; Librarians Working Inside Out: An Open Access Week Interview:

"Heather Joseph is the executive director of SPARC (the Scholarly Publishing and Academic Resources Coalition). SPARC is sponsoring this week’s ninth annual observation of Open Access Week (Oct. 24–30), a worldwide event held to celebrate open access and advocate for further progress toward its goals.

I visited with Joseph at SPARC’s Washington, D.C., office for a wide-ranging conversation about past progress, the state of open access today, the road ahead, and how open access could change the role of academic librarians."

In a Copyright Case, Justices Ponder the Meaning of Fashion; New York Times, 10/31/16

Adam Liptak, New York Times; In a Copyright Case, Justices Ponder the Meaning of Fashion:

"The case, Star Athletica v. Varsity Brands, No. 15-866, concerned stripes, zigzags and chevrons copyrighted by Varsity Brands, the leading seller of cheerleading uniforms. The company sued Star Athletica, a rival company, after it started to market uniforms with similar designs.

All concerned agree that two-dimensional designs may be copyrighted but that the cut and shape of three-dimensional garments may not. The question for the court was the legal significance of fusing Varsity’s designs with cheerleading outfits."

He dreamed of screams: Meet the man behind the modern haunted house; Washington Post, 10/26/16

John Kelly, Washington Post; He dreamed of screams: Meet the man behind the modern haunted house:

" Itsi Atkins always believed that if he built it, they would scream.

And they did, by the thousands, at Blood Manor, the pulse-pounding, scream-inducing haunted house Itsi unveiled in 1971. When it became world famous — when a British tabloid called it “the sickest show in America” — Itsi knew that it had all been worth it — all that blood, all those severed limbs, all those fake guts and fake snakes, all those monsters, murderers and ghouls . . .

And to think it started in the wilds of St. Mary’s County, Md...

Itsi had trademarked the name “Blood Manor,” so when he saw the name being used for a Manhattan attraction — the sort of place lampooned in the “Saturday Night Live” David S. Pumpkins sketch — he sued them. They credited him with the name and concept on their website."

Guess What’s Back From the Grave? ‘Night of the Living Dead’; New York Times, 10/27/16

Glenn Kenny, New York Times; Guess What’s Back From the Grave? ‘Night of the Living Dead’ :

"The film’s original distributor, the Walter Reade Organization (named for its founder, a pioneer of art-house distribution), did not file for a new copyright after changing the title from the original “Night of the Flesh Eaters” to “Night of the Living Dead.” That meant the movie went into the public domain almost immediately. As was once the case with Frank Capra’s “It’s a Wonderful Life,” the movie has been subjected to many unofficial, though legal, iterations.

The paradox of the situation has not been lost on its director, George A. Romero. “The fact that people were able to show it for free, that anybody was able to distribute it, did result in lots of people seeing it, and keeping the film alive,” he said in a phone interview. But viewers were too often watching inferior versions. That will change — dramatically, the moviemakers hope — on Saturday, Nov. 5, when the Museum of Modern Art screens a new, and copyrightable, restoration of “Living Dead” as part of its annual restoration and preservation festival, “To Save and Project.”"

Change at the Copyright Office; Publishers Weekly, 10/28/16

Andrew Albanese, Publishers Weekly; Change at the Copyright Office:

"Could Pallante’s departure spur Congress to finally appropriate sufficient resources to modernize the Copyright Office, which virtually everyone agrees is badly needed and long overdue? Hayden herself said she intends to build on the work Pallante did in terms of modernizing the Copyright Office for the digital age.

Or, might Pallante’s removal push Congress to consider removing the office from the Library of Congress altogether? Pallante was certainly held in high esteem by lawmakers. But sources expressed doubt that in the current political climate Congress would seek to create a new federal bureaucracy for copyright—which is the domain of Congress—that would be headed by a presidential appointee.

At the very least, ALA’s Sheketoff observed that Pallante’s removal suggests that the future of the U.S. Copyright Office is a high priority for at least one government official—Carla Hayden."

This ‘Stranger Things’ / ‘A Charlie Brown Christmas’ Mashup Is — Wait, Come Back, It’s Actually Really Good; Comics Alliance, 10/28/16

Chris Sims, Comics Alliance; This ‘Stranger Things’ / ‘A Charlie Brown Christmas’ Mashup Is — Wait, Come Back, It’s Actually Really Good:

"Listen, I’m as tired of stuff that mashes up two things that nerds like into one chimera of presumed awesomeness as everyone else is, but every now and then, that rare thing comes along that’s just really, really well done and well worth seeing. Today, we have one of those: Leigh Lahev and Oren Mendez’s Merry Christmas, Will Byers.

The animated short is, of course, a mashup that parodies Stranger Things and the classic A Charlie Brown Christmas, but what sets it apart from your average It’s Two Things project (aside from not being a t-shirt) is that it’s really, really well done, and also builds to a pretty great punchline. Take three minutes and give it a watch!"

Patent Trolls Undermine Open Access; Electronic Frontier Foundation (EFF), 10/28/16

Elliot Harmon, Electronic Frontier Foundation (EFF); Patent Trolls Undermine Open Access:

"...[E]ven as university research becomes accessible to a wider public, some of that same research is falling into the hands of patent trolls, companies that serve no purpose but to amass patents and sue innovators who independently created similar inventions. When universities file patents on inventions that arise from scientific research and then sell those patents to trolls, it puts a strain on innovation. That’s why EFF recently launched Reclaim Invention, a campaign to encourage universities to adopt policies not to sell or license patents to trolls...

As the open access movement continues to grow and mature, we hope to see open access allies on campus begin to take on their institutions’ patenting policies. University patenting and licensing policies directly affect how researchers’ outputs will be used in the field. The same arguments that have given way to the explosion of open access publishing also apply to patents—just as researchers shouldn’t trust their work with publishers that don’t have the public’s interest at heart, their institutions shouldn’t sell patents to trolls out for nothing but a quick buck. Instead, they should partner with companies that will bring their inventions to the public.

After all, the public paid for it."

Amazon nets patent for mini police drones; SeattlePI.com, 10/28/16

Daniel Demay, SeattlePI.com; Amazon nets patent for mini police drones:

"Forget police body cameras, Amazon was just granted a patent for miniature police shoulder drones.

Amazon Technologies, Inc. was granted a patent Oct. 18 for a device it called an “unmanned aerial vehicle assistant,” aimed at use by police for everything from monitoring situations to finding lost children at the fair.

The miniature drone, shown in patent filing drawings perched on a police officer’s shoulder above their clip-on radio microphone (and only just as wide as the mic), would be voice activated and could detect “distress” commands, among other things, essentially providing a second set of ears and eyes not just for the officer on the ground, but for a central system monitoring data coming from the drone...

The devices, if put into wide use, would no doubt raise new questions about police use of technology, said Shankar Narayan, technology and liberty project director for the America Civil Liberties Union in Seattle. Because the drones would be so small, they might be able to operate in discreet ways, collecting information without the subjects ever being aware, he noted."

Sorry, Trump. Someone Else Just Got Dibs on the Trump TV Trademark; Fortune, 10/27/16

Tory Newmyer, Fortune; Sorry, Trump. Someone Else Just Got Dibs on the Trump TV Trademark:

"Trump could almost certainly secure the trademark if he wants it. For one, Grabowsky’s declaration that he has no intention of using it will likely prompt the trademark office to decide against awarding it to him, according to Ann Ford, chair of the U.S. trademark, copyright and media practice at DLA Piper. And Trump’s fame gives him another advantage in locking down a trademark with his name on it. “Fame gives you a kind of superpower as a trademark,” Ford says.

But it could take a while...

Over the years, Trump has trademarked a dizzying array of products and events with his name on them, many since failed or abandoned: Donald J. Trump, the Fragrance; Trump Vodka; Trump Power and Trump Fire (both non-alcoholic beverages); Purely Trump and Trump Ice (both bottled waters); Trump Steaks; Trump Style (a lifestyle magazine); Trump Steaks; Trump Shuttle; Trumpnet; and Oysters Trump. And in 1991, he managed to grab a trademark for “Central Park,” which he’s since slapped on everything from parking garages to pillows.

The campaign itself has presented its own branding opportunities. Trump applied to lock down the trademark for his now-signature “Make America Great Again” slogan way back in November 2012, days after Obama won a second term. And he’s kept an eye out since launching his bid. After Texas Sen. Ted Cruz accused him of throwing a “Trumpertantrum” when he finished second in the Iowa caucuses earlier this year, Trump mused about trademarking the term—“before he does.”"

Chicago Cubs Counter Trademark Filings During World Series; 10/24/16

Darren Heitner, Forbes; Chicago Cubs Counter Trademark Filings During World Series:

"The Chicago Cubs have made it to the World Series for the first time since 1945 and the franchise is doing everything in its power to completely commercially exploit the opportunity. In September, the Cubs sued known vendors who were selling unlicensed goods. Now, the Cubs are filing actions through the Trademark Trial and Appeal Board (TTAB) to prevent third parties from registering trademarks that may be likely to be confused with the marks popularized by the baseball team."

The Importance of Intellectual Property to the U.S. Economy; Inside Counsel, 10/27/16

Amanda Ciccatelli, Inside Counsel; The Importance of Intellectual Property to the U.S. Economy:

"...[T]he U.S. Department of Commerce recently released a report that finds that intellectual property (IP)-intensive industries support at least 45 million U.S. jobs (about 30 percent of all the jobs in the country) and contribute over $6 trillion to, or 38.2 percent of, U.S. GDP. While IP is used in every segment of the economy, there are 81 industries that use patent, copyright, or trademark protections extensively.

Mauricio Uribe, partner at Knobbe Martens and Chris Eusebi, principal at Harness Dickey, sat down with Inside Counsel to discuss what top IP-focused law firms are seeing in terms of growth in specific industries and types of IP.

“There may be a limited number of organizations whose main function is to buy, sell, or license IP and in such create an IP industry,” Uribe explained. “However, other than this specific niche, we wouldn’t consider IP as an industry in itself. Rather, it is easier to consider IP as a factor that impacts almost every industry in some manner.”

Over the past five years, IP has supported close to 30 million jobs, representing almost a one percent increase in the number of jobs since 2010.

“In an economy where every job is important, innovation and intellectual property protections represent some of the most significant protections for American jobs and Internal Rate of Return for corporate business units,” said Eusebi.

Total employment supported by the IP-intensive industries, which are the jobs in patent, trademark, copyright, or IP-intensive industries plus supply-chain jobs equals over 45 million jobs in the U.S. economy. “These jobs clearly represent exports to the world economy that represent the inflow of capital into the U.S.”

“Lately, trademark protection represents a large percentage of licensing revenue. For sole employment, which represents a large percentage of the U.S. work force, copyrights effect over 15 percent of the workforce. While the number of jobs protected due to patent protection appears to have been reduced since 2000, these high paying jobs, mostly in manufacturing, are as important as ever,” said Eusebi."

Lawrenceville’s Arsenal Cider House Trademark Challenged By European Soccer Club; KDKA.com, 10/27/16

KDKA.com; Lawrenceville’s Arsenal Cider House Trademark Challenged By European Soccer Club:

"Arsenal Cider House shares part of its name with the Arsenal Football Club in the United Kingdom.

It’s one of the most popular professional soccer teams in the world.

When Arsenal Cider House filed for a trademark application, lawyers with the football club tried to stop them."

Maria Pallante's Departure From the Copyright Office: What It Means, And Why It Matters; Billboard, 10/25/16

Robert Levine, Billboard; Maria Pallante's Departure From the Copyright Office: What It Means, And Why It Matters:

"Although Hayden spoke about the importance of copyright during her confirmation hearings, she is perceived to favor looser copyright laws, since she previously served as president of the American Library Association, an organization that lobbies for greater public access to creative works, sometimes as the expense of creators. The Obama Administration also has close ties to technology companies, which would like to see a Copyright Office that values fair use and other exceptions to copyright over the rights of creators and copyright owners.

Hillary Clinton is thought to be view copyright more favorably, but she hasn’t said much about the topic, and she initially addressed it in her “Initiative on Technology & Innovation” -- not an encouraging sign for creators. Donald Trump doesn’t appear to have said much about the topic."

USPTO pushes trademark message at National Expo; exhibitors call for more public outreach efforts; World Trademark Review, 10/24/16

Tim Lince, World Trademark Review; USPTO pushes trademark message at National Expo; exhibitors call for more public outreach efforts:

"To appeal to the many youngsters attending, there were trademark-themed colouring books, a scavenger hunt and familiar costumed characters walking around the venue (including Crayola crayons, a Hershey’s Kiss, Fruit of the Loom characters and the USPTO’s own mascot, T-Markey). One of the events objectives, Denison told us after the opening ceremony, is to show attendees, especially those visiting on field trips, that “trademarks are fun” and not just a dry legal necessity, adding: “One of the reasons that the Expo is aimed at children is to get them thinking about trademarks at 10 years old, rather than when they're 35 years old and they've already started a business.” One of the exhibitors, Meghan Donohoe, COO at the AIPLA, told us that the strategy to inspire young people appeared to be working. “All the kids were wearing Under Armour, so it was interesting to see kids connect the dots when they realise the brand that they are wearing is trademarked,” she notes."

How the Copyright Act of 1976 Left Comic Artists, Like Jack Kirby, at the Mercy of Big Studios; New Hampshire Public Radio, 10/24/16

[Podcast] Devan Roehrig, New Hampshire Public Radio; How the Copyright Act of 1976 Left Comic Artists, Like Jack Kirby, at the Mercy of Big Studios:

"Jack Kirby and Stan Lee worked together at Marvel for almost a decade - they came up with the X-Men and the Hulk. And you may have heard of another character Kirby co-created: his name is…Captain America.

But for nearly 20 years Marvel and Jack Kirby engaged in harsh public battle over creative rights and fair compensation."

Maria Pallante Removed as U.S. Register of Copyrights; Billboard, 10/21/16

Robert Levine, Billboard; Maria Pallante Removed as U.S. Register of Copyrights:

"U.S. Register of Copyrights Maria Pallante was removed from her job Friday morning (Oct. 21) by the Librarian of Congress, Carla Hayden, who has authority over the Copyright Office. Officially, Pallante has been appointed as a senior adviser for digital strategy for the Library of Congress, although it’s clear she was asked to step down. Karyn Temple Claggett, currently associate register of copyrights, has been appointed the acting register.

Pallante was locked out of the Library of Congress computer system this morning, according to two sources who spoke with Library employees."

National Trademark Expo [U.S. Patent and Trademark Office (USPTO)], October 21-22, 2016, Washington, D.C.

National Trademark Expo [U.S. Patent and Trademark Office (USPTO)], October 21-22, 2016, Washington, D.C.

Kip Currier: Just returned from attending the U.S. Patent and Trademark Office's National Trademark Expo in Washington, D.C.

Outstanding 75-minute "Trademark Basics" seminar by Atty. Scott Baldwin with the USPTO. Great conversations and hands-on demos with exhibitors like Velcro and the Indian Arts and Crafts Board within the U.S. Department of the Interior.

Self-guided exhibits on unique trademarks like the red-and-yellow McDonald's French Fry Holder and "100-year-old Registered Trademarks" like Campbell's Soup and Life Savers.

Photo-ops with USPTO staff decked out as Fruit of the Loom and Crayola crayon costumed characters.

And the ever-dapper Mr. Peanut--celebrating his 100th birthday--was in attendance too, with the Planter's NutMobile.

About the USPTO's National Trademark Expo on 10/21/16 & 10/22/16; U.S. Patent and Trademark Office (USPTO)

U.S. Patent and Trademark Office (USPTO); About the USPTO's National Trademark Expo:

"2016 National Trademark Expo

The 2016 National Trademark Expo will be held on October 21st and 22nd, 2016 at the beautiful Andrew W. Mellon Auditorium located at 1301 Constitution Ave. NW, Washington, DC 20240. The Expo is open to any owner of a federally-registered trademark. This free, family-fun, educational event includes exhibitors, kids programs, costumed characters, seminars, and more. The Andrew W. Mellon Auditorium is a very brief walk from the Federal Triangle Station of the Washington Metropolitan Area Transit Authority (WMATA) subway station and provides very convenient access."

‘The Great British Bake Off’ Changes the Way the British Bake; New York Times, 10/18/16

Melissa Clark, New York Times; ‘The Great British Bake Off’ Changes the Way the British Bake:

"Nobody expected a baking competition to become one of the top-rated shows on British television, reaching its peak audience of 15 million viewers with the Season 6 finale last year. (The most recent three seasons of the show began airing in the United States in 2014 on PBS as “The Great British Baking Show” because “Bake-Off” is a trademark of Pillsbury .)"

[Open Access Week Event at University of Pittsburgh] Open in Action: The Government, the University, and You: Presenter: Congressman Mike Doyle, Thursday, 10/27/16 4 PM - 6 PM

[Open Access Week Event at University of Pittsburgh] Open in Action: The Government, the University, and You; Presenter: Congressman Mike Doyle:

"Thursday, October 27, 2016 -

4:00pm to 6:00pm

Stream: http://pi.tt/openinaction

Event Description:

4:00 pm – Reception

4:30 pm – Keynote speech

5:15 pm – Panel conversation followed by Questions and Answers from the audience

Learn about the latest actions around the Open Access Movement in the United States, and how you can get involved. Congressman Mike Doyle will join us to discuss FASTR, the Free Access to Science and Technology Research bill that he co-sponsored, which will require Open Access to all research articles funded by major US Government departments and agencies. He will discuss the history and origin of the bill as well as its current state in Congress, including what this bill would mean for researchers at our universities, across the country, and around the world.

Following Congressman Doyle’s speech, join us for a conversation with a panel of experts on advocacy and involvement in Open Access. James Maher, Provost Emeritus and Distinguished Service Professor of Physics at the University of Pittsburgh, will join special guests including Heather Joseph (Executive Director, SPARC) and Keith Webster (Dean of Libraries, Carnegie Mellon University) to discuss the role of the University and the individual researcher in moving the Open movement forward and what the impact of open access to research will be locally and globally."

DISNEY SUES LIGHTSABER ACADEMY FOR TRADEMARK INFRINGEMENT; Comic Book Resources, 10/17/16

Jacob Hill, Comic Book Resources; DISNEY SUES LIGHTSABER ACADEMY FOR TRADEMARK INFRINGEMENT:

"According to The Hollywood Reporter, Michael Brown operated numerous businesses based on the Star Wars trademark including New York Jedi, the Lightsaber Academy and Thrills and Skills. After serving multiple cease and desist notices, Disney finally filed a complaint with the California federal court."

Tell the Copyright Office: Copyright Law Shouldn't Punish Research and Repair; Electronic Frontier Foundation (EFF), 10/11/16

Corynne McSherry, Electronic Frontier Foundation (EFF); Tell the Copyright Office: Copyright Law Shouldn't Punish Research and Repair:

"In enacting the “anti-circumvention” provisions of the DMCA, Congress ostensibly intended to stop copyright “pirates” from defeating DRM and other content access or copy restrictions on copyrighted works and to ban the “black box” devices intended for that purpose. In practice, the DMCA anti-circumvention provisions haven’t had much impact on unauthorized sharing of copyrighted content. Instead, they’ve hampered lawful creativity, innovation, competition, security, and privacy.

In the past few years, there’s been a growing movement to reform the law. As locked-down copyrighted software shows up in more and more devices, from phones to refrigerators to tractors, more and more people are realizing how important it is to be able to break those locks, for all kinds of legitimate reasons. If you can’t tinker with it, repair it, or peek under the hood, then you don’t really own it—someone else does, and their interests will take precedence over yours.

It seems the Copyright Office has heard those concerns. As part of an ongoing study, it’s asking for comments (PDF) on whether it should recommend that Congress enact a series of permanent exemptions to the law for several important and useful activities, including security research and repair."

Abbott and Costello Heirs Lose Appeal Over Broadway Play's Use of "Who's on First" Routine; Hollywood Reporter, 10/11/16

Eriq Gardner, Hollywood Reporter; Abbott and Costello Heirs Lose Appeal Over Broadway Play's Use of "Who's on First" Routine:

"On Tuesday, the Second Circuit Court of Appeals affirmed dismissal of a copyright lawsuit brought by the heirs of William "Bud" Abbott and Lou Costello against producers of the Tony Award-nominated play Hand to God. However, the appeals court didn't accept dismissal for the same reason the lawsuit was initially thrown out. And in coming to its decision, the 2nd Circuit raises the possibility that the world- famous comedy routine "Who's on First?" is no longer under copyright."

The Man Musicians Call When Two Tunes Sound Alike; New York Times, 10/11/16

Alex Marshall, New York Times; The Man Musicians Call When Two Tunes Sound Alike:

"People often hear similarities between songs when no copying has occurred, Mr. Bennett says. That should not be a surprise. Most songwriters follow a strict set of rules — songs being three to four minutes long or having four beats to a bar — so there is actually much scope for similarity. But the truth is that many songwriters do use other people’s music for inspiration.

“Society’s become enamored by the romantic myth of creativity,” he says. “The idea that inspiration comes to us in a genius-like way from God or the spirit or whatever. Often for songwriters, that is how it feels emotionally. But, of course, every songwriter is partly a product of their influences. Allowing yourself to be influenced by a song — just not copying the melody, chords or lyrics — is perfectly fine. I mean, isn’t that what songwriting actually is?”

Mr. Oxendale agrees. “A lot of famous songs have been created using reference tracks and there’s nothing wrong with that,” he says. “There would be no Beethoven without Haydn. Who would want to have lost his music?”"

What spoons have to do with the Samsung-Apple patent lawsuit; PBSNewsHour, 10/11/16

Gretchen Frazee, PBS NewsHour; What spoons have to do with the Samsung-Apple patent lawsuit:

"The court’s task is not to determine whether Samsung infringed on Apple’s patents but to determine how much money Samsung should pay Apple for doing so.

It marks the first time in 120 years that the the court has reviewed a design patent case. (The Supreme Court has reviewed patents based on function, but not appearance.) And the last design patent cases reviewed by the high court dealt in saddles, rugs and spoons.

In fact, one particular case involving 19th-century spoons, Gorham v. White, was cited multiple times by lawyers before the Supreme Court on Tuesday."