First Intellectual Property Business Clinic June 22, 23, St. Maarten; Daily Herald, June 16, 2017

Daily Herald; First Intellectual Property Business Clinic June 22, 23, St. Maarten:

"Foundation INFOBIZZ, Bureau for Intellectual Property (BIP) St. Maarten and the Department of Economics, Transportation and Telecommunication (ETT) will host the first Intellectual Property Business Clinic in St. Maarten at the Holland House Beach Hotel on June 22 and 23, from 8:00am to 4:00pm.  The two-day clinic is supported by the European Commission through COSME. Founder of IP (Intellectual Property) Exchange Caribbean Kayanne Anderson, who is also an intellectual property specialist and lawyer, will facilitate the event.

Anderson has worked for several governments in the region assisting them in building national brands and how to best protect that. During the IP clinic, one of the key aspects that will be shared is how to best use intellectual property to scale and grow a business while building assets within the business."

Patent office has received 32 trademark requests for 'covfefe'; The Hill, June 15, 2017

Harper Neidig, The Hill; Patent office has received 32 trademark requests for 'covfefe'

"The U.S. Patent and Trademark Office (USPTO) has received more than 30 trademark requests containing the word “covfefe,” a term President Trump included in a cryptic tweet last month.

  

The 32 trademark requests include two hashtag versions of the word, two companies seeking to claim the phrase “Covfefe Coffee” and 25 attempts to trademark the word alone."

Gene Simmons of Kiss tries to copyright 'devil horns' hand gesture; Associated Press via CTV News, June 15, 2017

Associated Press via CTV News; Gene Simmons of Kiss tries to copyright 'devil horns' hand gesture

[Kip Currier: Intellectual Property confusion--The headline should switch "copyright" (wrong!) with "trademark" (right!). 

Curiously, the article says that Simmons applied to the U.S. Patent and Trademark Office (the correct place to apply for the kind of Intellectual Property for which Simmons is seeking protection), rather than the U.S. Copyright Office; the USPTO mention should have been an indicator that this is not a copyrightable work.

"Entertainment purposes" indicates the type of trademark class for which Simmons is seeking protection.

"Use in commerce" is also a requirement for federal trademark registration, not copyright registration.] 

"Gene Simmons of Kiss is trying to copyright the devil horns gesture.

The Hollywood Reporter reports Simmons has applied to the U.S. Patent and Trademark Office for protection of the gesture for entertainment purposes. He claims he first used it in commerce in 1974."

National Geographic Traveler Used My Photo for a Cover and Never Paid Me; PetaPixel, June 12, 2017

Mustafa Turgut, PetaPixel; National Geographic Traveler Used My Photo for a Cover and Never Paid Me

"After a couple of months of receiving no payment, I emailed them again asking them when they would be paying for the use of my photo on their cover.

They never responded to my email, and they have not responded to any contact attempt since then.

Frustrated, I began emailing the global National Geographic headquarters with my story. Although I have tried contacting headquarters over and over, I have yet to receive a single response.

I then began posting on National Geographic social media pages in 2013, but all of my posts were deleted shortly after I wrote them."

Fresno man arrested for allegedly uploading 'Deadpool' movie illegally; abc30.com, June 14, 2017

abc30.com; Fresno man arrested for allegedly uploading 'Deadpool' movie illegally

"A Fresno man accused of giving millions a free peek to the movie 'Deadpool' is now facing possible prison time.

Federal authorities arrested and charged Trevon Maurice Franklin with a federal crime Tuesday. The 2016 blockbuster movie not only grossed millions at the box office, the film was also a hit on Facebook...

"They are trying to send a message with this case," [attorney Roger Bonakdar ] said. "To the community to warn them that there are very serious consequences to something they think is innocuous."

But Bonakdar says social media cases could also be harder to prosecute.

"You can track how many clicks, but there will be a question as to who watched the whole thing," he explained. "What's the real damage?""

Flag on Water Stations Changed Due to Copyright Infringement; KRGV.com, May 25, 2017

KRGV.com; Flag on Water Stations Changed Due to Copyright Infringement

"[T]he American Red Cross sent the non-profit group a cease and desist letter warning the group is infringing on copyright laws."

The Future of Big Data and Intellectual Property; Inside Counsel, June 13, 2017

Amanda Ciccatelli, Inside Counsel; The Future of Big Data and Intellectual Property

"Simon Webster, CEO at CPA Global, recently sat down with Inside Counsel to discuss how big data tools and technologies can be used in the patent world to drastically improve patent analysis – from how behavioural analysis can reveal the likelihood of patent issuance during prosecution to international IP portfolio management.

Today, big data is important when it comes to IP because it can help better decision making. In fact, up to 85 percent of a company’s value lies in its IP portfolio and it is often a key driver in the most high-profile acquisitions and mergers. Almost every company can improve its efficiency through modern technologies to drive increased insight through big data. 

“Companies used to struggle to gain the required insight from data that helped them make better strategic decisions,” he said. “With the availability of on demand computing and storage and the application of artificial intelligence to process vast volumes of data quickly, all businesses are now looking for insight that can help shape company direction.”...

He added, “The argument for IP Officers to be an integral part of the entire business planning and development process has never been stronger. Armed with insight, driven from internal and external data, analysed effectively, IP professionals can extend their reach beyond the IP department and more fully shape boardroom strategy.”"

Trump Adds More Trademarks in China; New York Times, June 13, 2017

Sui-Lee wee, New York Times; Trump Adds More Trademarks in China

点击查看本文中文版

"President Trump is poised to add six new trademarks to his expanding portfolio in China, in sectors including veterinary services and construction, potentially renewing concerns about his possible conflicts of interest.

The latest trademarks expand Mr. Trump’s business interests in China, the world’s second-largest economy and a country he frequently blamed during the election campaign for the decline in American industrial jobs. Since taking office, he has softened that rhetoric.

He has nevertheless continued to receive approval in China for new trademarks. The country’s trademark office gave the president preliminary approval for six trademarks on June 6, according to the agency’s website.

Under Chinese law, a trademark with preliminary approval is formally registered after three months if the agency receives no objections."

When a Computer Program Keeps You in Jail; New York Times, June 13, 2017

Rebecca Wexler, New York Times; When a Computer Program Keeps You in Jail

"The criminal justice system is becoming automated. At every stage — from policing and investigations to bail, evidence, sentencing and parole — computer systems play a role. Artificial intelligence deploys cops on the beat. Audio sensors generate gunshot alerts. Forensic analysts use probabilistic software programs to evaluate fingerprints, faces and DNA. Risk-assessment instruments help to determine who is incarcerated and for how long.

Technological advancement is, in theory, a welcome development. But in practice, aspects of automation are making the justice system less fair for criminal defendants.

The root of the problem is that automated criminal justice technologies are largely privately owned and sold for profit. The developers tend to view their technologies as trade secrets. As a result, they often refuse to disclose details about how their tools work, even to criminal defendants and their attorneys, even under a protective order, even in the controlled context of a criminal proceeding or parole hearing."

Copyright: as relevant as ever; Lexology, June 7, 2017

Rachel Sikwane, ENSafrica, Lexology;  Copyright: as relevant as ever

"Copyright is a highly important area of IP law. Yet, it’s also an area that’s often ignored and misunderstood, partly because it generally doesn’t involve registration, and partly because of the uncertainties created by the digital age.

For those who have little experience or knowledge of copyright law, it’s an area of law that protects a wide range of things (referred to as “works”), including written works, artworks, musical works, sound recordings, films and computer programmes. In most countries (including South Africa), no registration is required, and the right comes into existence as soon as it is put into a material form – having a song in your mind does not give you copyright; you have to write it down or record it in some form. Even the most mundane work may enjoy copyright protection, provided that some effort went into creating it.

Copyright lasts for a very long time – in South Africa, the term is 50 years, and this runs from various dates such as the date of release or the date of death of the creator, depending on the type of work."

A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate; BoingBoing, June 12, 2017

Cory Doctorow, BoingBoing; A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate

"Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called "Oh, The Places You'll Boldly Go," whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.

The Seuss estate argued that the book infringed its trademarks and copyrights. Now, the United States District Court for the Southern District of California court has ruled on the trademark question and found that there is no valid trademark claim thanks to "nominative fair use," and also indicated that it would be favorably disposed to fair use defenses on the copyright question.

The estate has two weeks to prove copyright damages and to amend its trademark claims."

Next PTO Director must have management experience, patent savvy, and leadership skills; IPWatchdog, June 12, 2017

Judge Paul Michel, IPWatchdog; Next PTO Director must have management experience, patent savvy, and leadership skills

"All these ills can be addressed effectively by the PTO’s new Director, provided they have the necessary management experience, patent savvy, and leadership skills.  Someone like me who has not run anything larger than a courthouse may lack the needed capabilities, as may someone who has run nothing larger than a litigation team or small law firm.   Same for the gifted academics who provide  such useful commentary on all matters patent.  Same with former Capitol Hill staffers(I was once one myself).  They all have their place, but it is not at the helm of America’s 13,000 person innovation agency.

Rather, we need someone from a large company who has shown leadership ability and has a proven record of successfully managing a significant part of a large organization.  Of course, the person must also have experience prosecuting, licensing and litigating patents.  And, a background in science or engineering.  But many patent lawyers have such experiences.  Few, however have the necessary management chops.

In my opinion, David Kappos embodied all these attributes to a great degree.  And, he came from a long, highly successful career at IBM, where he ran a large operation that depended on using patent skills both for protecting patented inventions and defending against patent assertions by others.  A company or law firm that primarily or only employs one or the other strategy is probably not the best talent pool from which to select a PTO Director, because achieving balance between owners and users is the key to success.

Finally, the person should have deep experience with the patent policy debates and the many agency reports and legislative proposals that have roiled the patent community for a decade.  Today, those debates continue, unabated."

The Internet Is Where We Share — and Steal — the Best Ideas; New York Times, June 6, 2017

Jenna Wortham, New York Times; The Internet Is Where We Share — and Steal — the Best Ideas

"In April, a photograph of Rihanna and Lupita Nyong’o taken at a Miu Miu fashion show three years ago began recirculating online. Their friendly body language and chic clothes (Rihanna wore thigh-highs, fur and leather; Lupita a plum jacket with a jeweled collar) caught the imagination of the internet. A Twitter user named @1800SADGAL suggested that “Rihanna looks like she scams rich white men and Lupita is the computer-smart best friend that helps plan” the scams. People began talking about an “Ocean’s 11”-type film written by and starring black women. Issa Rae was nominated to write the script and Ava DuVernay to direct. All four women chimed in on Twitter, announcing their support, though what that meant seemed unclear. Like any other online frenzy, it disappeared after a few days.

But a few weeks later, Entertainment Weekly reported that the social-media fantasy was actually coming to life: Netflix beat out several bidders at Cannes to buy the concept, which could go into production as early as next year. Viewed one way, this is a tale about how the web has collapsed the distance between audience and creator. But it also raises questions about ownership in the digital age."

Disney seeks patent to block 3D-printed knockoffs; Orlando Sentinel, June 9, 2017

Paul Brinkmann, Orlando Sentinel; Disney seeks patent to block 3D-printed knockoffs

"As usual with Disney patents, it’s not clear whether the company actually wants to make the 3D scan-resist figurines, or if it’s just protecting research it has done."

The problem with patents; Winnipeg Free Pres, June 10, 2017

Martin Cash, Winnipeg Free Press; The problem with patents

"The discovery that another manufacturer was using the "idle mode" feature was worrisome, but Tessier figured it would be dealt with because he had a patent with the understanding that he had a 20-year monopoly on that particular technology.

He found out fairly quickly was on his own and all the "monopoly" really meant was that he had the right to spend around $1 million in legal fees to compel others to acknowledge his market rights.

"Over the last year or so, I’ve learned an awful lot about patent protection," Tessier said. "Now I have to ask, why bother with a patent in the first place?"

His concerns are not just the fevered thoughts of a harried entrepreneur whose hard-won market share is being encroached on unfairly by a competitor with much greater resources and market heft.

It is, in fact, a long-standing gap in the dynamics of patent protection regulations that’s been well-known to patent professionals for some time.

Adrian Battison, a veteran patent agent with Ade & Company of Winnipeg, said, "It is a problem I have been worrying about for a long time. There is no question the enforcement of patents is a significant problem. You can obtain a Canadian patent for between $5,000 and $10,000 but to litigate it can cost $500,000 to $1 million. The average person with no access to sums of money simply can’t manage that kind of situation.""

10 Intellectual Property Strategies For Technology Startups; Forbes, June 6, 2017

Richard Harroch and Neel Chatterjee, Forbes; 10 Intellectual Property Strategies For Technology Startups

"Intellectual property issues often are among the most important considerations that a technology startup will encounter. A startup will face numerous issues involving developing a product, hiring qualified employees, raising capital, and more. With all of these issues, intellectual property can feel distracting, expensive, or contrary to the goals of just getting a product to market before someone else does.

However, intellectual property is often the most valuable asset of a technology startup. Protecting intellectual property can be essential to obtaining venture capital funding or preventing competitors from unfairly competing with you.

In this article, we provide 10 critical intellectual property strategies for you to implement."

Webinar: ABA-IPL Landslide Webinar Series: Practical Insights on Software Copyright Registration and Enforcement, June 20, 2017

ABA-IPL Landslide Webinar Series: Practical Insights on Software Copyright Registration and Enforcement

ABA-IPL Landslide® Webinar Series
Tuesday, June 20, 2017
1:00 pm - 2:30 pm EST
1.50 General CLE Credit Hours

While copyright law extends significant protection to computer software, creating a robust registration portfolio requires both strategy and creativity. The panel will identify and discuss key issues that arise when obtaining and enforcing copyright registrations in a world where the software to be protected and the infringers to be deterred evolve at a rapid pace. Addressing both Copyright Office guidance and noteworthy judicial decisions, the panelists will provide practical insights that transactional and litigation counsel can use in day-to-day practice.

Panelists:

• Gregory Stein, Ulmer & Berne LLP, Cleveland, OH (Moderator)
• John A Polito, Morgan, Lewis & Bockius LLP, San Francisco, CA
• Karen K Williams, SAP, San Francisco, CA

Intellectual Property 101: What Your Business Needs To Know About Copyright Law; Forbes, June 8, 2017

Art Neill, Forbes; Intellectual Property 101: What Your Business Needs To Know About Copyright Law

Co-authored with Teri Karobonik*

"Having an understanding of Intellectual Property law (IP) has become an essential skill for starting and growing a business. Many products,  technologies, and creative works you make are protected by one of the four types of Intellectual Property Law: copyright, trademark, patent, and trade secret.

Unlike “real property” law, which governs physical property and land (think “real estate”), intellectual property governs the use of creative and technical works as well as brands.

Whether you’re interested in reusing content from others, or trying to protect your own content and ideas, it’s critical that you understand which types of Intellectual Property might be in play. 

In the first part of this four part series, we’ll break down one of 4 main types of intellectual property, Copyright, and explain..."

While EU Copyright Protests Mount, the Proposals Get Even Worse; Electronic Frontier Foundation (EFF), June 1, 2017

Jeremy Malcolm, Electronic Frontier Foundation (EFF); While EU Copyright Protests Mount, the Proposals Get Even Worse

"This week, EFF joined Creative Commons, Wikimedia, Mozilla, EDRi, Open Rights Group, and sixty other organizations in signing an open letter [PDF] addressed to Members of the European Parliament expressing our concerns about two key proposals for a new European "Digital Single Market" Directive on copyright.

These are the "value gap" proposal to require Internet platforms to put in place automatic filters to prevent copyright-infringing content from being uploaded by users (Article 13) and the equally misguided "link tax" proposal that would give news publishers a right to compensation when snippets of the text of news articles are used to link to the original source (Article 11)."

Open Data And The Fight Against Disease; HuffPost, June 8, 2017

Adi Gaskell, HuffPost; Open Data And The Fight Against Disease

"Recently the Open Data Barometer produced its fourth analysis of the state of open data around the globe.  The index ranks governments on a range of factors, including the maturity of its open data initiatives, the implementation of open data programs, and the impact those programs have had.

The index, which has the United Kingdom on top of the pile, highlights the variability in open data around the world, both within the developed world but also the developing world.

Nowhere is the importance of open data as critical as in healthcare, and a recent paper from the European Commission highlights some of the benefits, and challenges, of doing so, with a number of fascinating case studies from across Europe."

Sources: Lee quit amid tensions over Patent Office funding; Politico, June 7, 2017

Nancy Scola, Politico; Sources: Lee quit amid tensions over Patent Office funding

"Intrigue continues to surround Michelle Lee's abrupt resignation Tuesday as director of the U.S. Patent and Trademark Office, with some sources saying it was triggered by the Trump administration's efforts to tap her agency's funding to pay for services at the Commerce Department."

The U.S. patent office has named its interim successor to Michelle Lee; Washington Post, June 7, 2017

Brian Fung, Washington Post; The U.S. patent office has named its interim successor to Michelle Lee

"The Commerce Department has tapped Joseph Matal, an associate solicitor at the U.S. Patent and Trademark office, to succeed Michelle Lee as interim director of the intellectual property agency, according to the USPTO.

Matal's appointment comes one day after Lee abruptly resigned from her position. As a temporary replacement, Matal does not need to be confirmed by the U.S. Senate.

Matal has served at the patent office for nearly five years, representing the agency in federal court." 

U.S. Patent and Trademark Office Head Michelle Lee Resigns; Reuters via Fortune, June 6, 2017

Reuters via Fortune; U.S. Patent and Trademark Office Head Michelle Lee Resigns

"U.S. Patent and Trademark Office Director Michelle Lee, who has won praise from technology companies for taking steps to minimize abusive patent litigation, resigned from her position on Tuesday, a spokesman for the agency has confirmed.

She joined the agency in 2012 and became interim director in 2013 before being formerly nominated as director by then-President Barack Obama in 2014."

Copyright in Seismic Data is Confirmed; JDSupra, June 7, 2017

JDSupra; Copyright in Seismic Data is Confirmed

"In a decision last year, GSI (Geophysical Service Incorporated) sued to win control over seismic data that it claimed to own. GSI used copyright principles to argue that by creating databases of seismic data, it was the proper owner of the copyright in such data. GSI argued that Encana, by copying and using that data without the consent of GSI, was engaged in copyright infringement. That was the core of GSI’s argument in multi-party litigation, which GSI brought against Encana and about two dozen other industry players, including commercial copying companies and data resellers.  The data, originally gathered and “authored” by GSI, was required to be disclosed to regulators under the regime which governs Canadian offshore petroleum resources. Seismic data is licensed to users under strict conditions, and for a fee. Copying the seismic data, by any method or in any form, is not permitted under these license agreements. However, it is customary for many in the industry to acquire copies of the data from the regulator, after the privilege period expired, and many took advantage of this method of accessing such data."

Webinar: Understanding Patent Basics: Law Librarians Bringing Added Value June 28, 2017, 2 PM ET

Webinar

Understanding Patent Basics:

Law Librarians Bringing Added Value

June 28, 2pm ET

As a law librarian you serve a wide array of lawyers so you may not have a background specific to patent law. Many law librarians feel they could be more productive if they could better communicate in patent attorney "speak" and may feel awkward in asking for definitions of basic patent terminology.

As part of our efforts to offer on-going support to law librarians, LexisNexis IP Solutions is offering a crash course in basic patent concepts to help you better communicate with your colleagues.

Join us for this informative webinar which will demystify patent terminology and review basic concepts. The presenters will discuss:

• Common terms in patent law, such as "What is a provisional patent application?"
• What patents lawyers are looking for in terms of help from their law librarians relevant to common concepts.
• Why research related to each of these terms, or concepts, are important in the area of patent prosecution.
• Q&A to answer those questions you have been meaning to ask.
  
  Sign up today! We will provide slides from the webinar to all registrants.
  
  The presenters are Amantha Allen, User Experience and Professional Development Manager, LexisNexis^® IP Solutions and Megan McLoughlin, Product Director, LexisNexis PatentAdvisor® 

Cupcake wars: Blogger sues Food Network over snow globe recipe video; Washington Post, June 5, 2017

Derek Hawkins, Washington Post; Cupcake wars: Blogger sues Food Network over snow globe recipe video

"Elizabeth LaBau’s holiday cupcake recipe was so popular it crashed her food blog.

It was clever, after all. LaBau, who runs SugarHero.com, had figured out a way to make edible snow globe cupcakes by coating small balloons in sheets of gelatin and letting them harden into translucent domes.

About three weeks after she published her tutorial, LaBau alleges, Food Network produced a how-to video on snow globe cupcakes that was so similar that it constituted copyright infringement."

Copyright Office Releases an Updated Draft of the Compendium of U.S. Copyright Office Practices, Third Edition; [Press Release] U.S. Copyright Office, copyright.gov, June 1, 2017

[Press Release] U.S. Copyright Office, copyright.gov

Copyright Office Releases an Updated Draft of the Compendium of U.S. Copyright Office Practices, Third Edition
Issue No. 666 - June 01, 2017

---

Acting Register of Copyrights Karyn Temple Claggett today released a revised draft of the Compendium of U.S. Copyright Office Practices, Third Edition. This draft includes the first proposed updates to the Compendium since its release in December 2014. The public draft is available on the Office’s website at https://copyright.gov/comp3/draft.html. It will go into effect on July 3, 2017.

The Compendium is the administrative manual of the Register of Copyrights concerning the mandate and statutory duties of the Copyright Office under Title 17 of the United States Code. See 37 CFR. § 201.2(b)(7). The proposed updates are the result of a comprehensive review of the Office’s practices and procedures. The draft revisions to the registration chapters clarify how and when the Office communicates with applicants and how it handles duplicate claims, deposit requirements, and claims involving multiple works, among other improvements. The update also provides preliminary guidance for claims involving useful articles based on the Supreme Court’s recent decision in Star Athletica v. Varsity Brands.

The draft revisions to the recordation chapter provide additional guidance for recording notices of termination and information on the Office’s new electronic system for the designation of agents. The draft update also addresses recent changes in the Office’s regulations, including the “mailbox rule” for requests for reconsideration, new procedures for removing personally identifiable information, and changes made by the Office’s technical amendments. For a full accounting of draft Compendium revisions, read more.

Additionally, the Compendium has been reformatted to improve readability for online and offline users. When the revision is released in final form, it will include improved hyperlinks to provide direct access to legal citations and resources on the Office’s website, as well as improved cross-references between chapters.

Public comments on this draft may be submitted from June 1 to June 30 using the provided form. See www.copyright.gov/comp3/draft.html for more information.

How a rigid fair-use standard would harm free speech and fundamentally undermine the Internet; Los Angeles Times, June 1, 2017

Art Neill, Los Angeles Times; How a rigid fair-use standard would harm free speech and fundamentally undermine the Internet

"In a recent Times op-ed article, Jonathan Taplin of the USC Annenberg Innovation Lab claimed that an “ambiguous“ fair use definition is emboldening users of new technologies to challenge copyright infringement allegations, including takedown notices. He proposes rewriting fair use to limit reuses of audio or video clips to 30 seconds or less, a standard he mysteriously claims is “widely accepted.”

In fact, this is not a widely accepted standard, and weakening fair use in this way will not address copyright infringement concerns on the Internet. It would hurt the music, film and TV industries as much as it would hurt individual creators...

Fair use is inextricably linked to our 1st Amendment right to free speech. We are careful with fair use because it’s the primary way consumers, creators and innovators share new ideas. It’s a good thing, and it is worth protecting."

Ivanka Trump's firm seeks new trademarks in China, reviving ethical concerns; CNN Money, June 5, 2017

Jackie Wattles and Jill Disis, CNN Money; Ivanka Trump's firm seeks new trademarks in China, reviving ethical concerns

"Ivanka Trump's business, which mostly makes clothing and accessories, says the latest trademark applications were filed to block others from profiting off of her name, not because she wants to sell the products in China.

But that's still a problem, says Larry Noble, the general counsel for the nonprofit, nonpartisan Campaign Legal Center, a watchdog group.

He said the family's continued ties to their businesses raise questions about whether their profit motives could influence U.S. relations with other countries.

"China knows that to deny these applications would get a negative reaction from the president, and to expedite their approval would get a positive reaction from the president," Noble said."

The U.S. Supreme Court Is Reining in Patent Trolls, Which Is a Win for Innovation; Harvard Business Review, June 2, 2017

Larry Downes, Harvard Business Review; The U.S. Supreme Court Is Reining in Patent Trolls, Which Is a Win for Innovation

"In the last week, the U.S. Supreme Court issued two important rulings limiting patent rights. The decisions, which were both unanimous, significantly scaled back the ability of patent holders to slow innovation by competitors, tipping scales that many legal scholars believe have become badly imbalanced."

Five questions about open science answered; Phys.org, May 30, 2017

Elizabeth Gilbert, Katie Corker, 

Phys.org; Five questions about open science answered

"What is "open science"?

Open science is a set of practices designed to make scientific processes and results more transparent and accessible to people outside the research team. It includes making complete research materials, data and lab procedures freely available online to anyone. Many scientists are also proponents of open access, a parallel movement involving making research articles available to read without a subscription or access fee."

As Computer Coding Classes Swell, So Does Cheating; New York Times, May 29, 2017

Jess Bidgood and Jeremy B. Merrill, New York Times; 

As Computer Coding Classes Swell, So Does Cheating

"In interviews, professors and students said the causes were not hard to pin down.

To some students drawn to the classes, coding does not come easily. The coursework can be time-consuming. Troves of code online, on sites like GitHub, may have answers to the very assignment the student is wrestling with, posted by someone who previously took the course.

“You’ve got kids who were struggling with spending a third of their time on their problem sets with the option to copy from the internet,” said Jackson Wagner, who took the Harvard course in 2015 and was not accused of copying. “That’s the reason why people cheat.”

Complicating matters is the collaborative ethos among programmers, which encourages code-sharing in ways that might not be acceptable in a class. Professors also frequently allow students to discuss problems among themselves, but not to share actual code, a policy that some students say creates confusion about what constitutes cheating."

The Coat of Arms Said ‘Integrity.’ Now It Says ‘Trump.’; New York Times, May 28, 2017

Danny Hakim, New York Times; 

The Coat of Arms Said ‘Integrity.’ Now It Says ‘Trump.’

“Britain’s trademark office would not initially acknowledge the earlier application by Mr. Trump. It provided a copy last month only after The New York Times made a Freedom of Information request, and would not say why the application was rejected, citing a law restricting its ability to release information.

The College of Arms, which oversees coats of arms in England, Wales and Northern Ireland, provided more detail. The emblem originally submitted in 2007 by Mr. Trump to Britain’s trademark office matched one that had been granted to Mr. Davies, an American of Welsh descent who once served as ambassador to the Soviet Union.

“It couldn’t be a clearer-cut case, actually,” said Clive Cheesman, one of the college’s heralds, who oversee coats of arms, their design and their use.

“A coat of arms that was originally granted to Joseph Edward Davies in 1939 by the English heraldic authority ended up being used 10 or 15 years ago by the Trump Organization as part of its branding for its golf clubs,” said Mr. Cheesman, a lawyer by training. “This got them into difficulty.”"

Supreme Court decision allows resale of used ink cartridges despite patent holder restriction; ABA Journal, May 30, 2017

Debra Cassens Weiss, ABA Journal; Supreme Court decision allows resale of used ink cartridges despite patent holder restriction

"A patent holder that restricts the reuse or resale of its printer ink cartridges can’t invoke patent law against a remanufacturing company that violates the restriction, the U.S. Supreme Court ruled on Tuesday.

The court ruled that Lexmark International’s patent rights are exhausted with its first sale of the cartridges, despite restrictions it tried to impose."

Intellectual Property (IP) Through Stories; BananaIP.com, May 2017

BananaIP.com; Intellectual Property (IP) Through Stories

"Storytelling Based Corporate IP Training and Knowledge Development Program

“You may forget a concept or a principle, but you will never forget a well told story.”

BananaIP offers story based intellectual property training and knowledge development programs for corporates and businesses. Unlike the standard IP training programs, which are typically delivered through talks, presentations and cases, BananaIP’s IP through Stories Program teaches IP concepts and skills through creative and interactive storytelling. Program participants will learn basic and advanced concepts of IP through entertaining, educative and imaginative stories told by some of the leading experts in the field.

Over the years, BananaIP’s Team of experts and Trainers have taught more than ten thousand corporates at different levels in the organization structure from CEOs to Fresh Recruits. The IP through Stories Program takes that experience a step forward by integrating innovative IP teaching techniques with storytelling."

The Rise and Fall of Yik Yak, the Anonymous Messaging App; New York Times, May 27, 2017

Valeriya Safronova, New York Times; The Rise and Fall of Yik Yak, the Anonymous Messaging App

"At the end of that year, Mr. Droll and Mr. Buffington laid off 60 percent of their employees, and last month, they shut down the operation, selling off intellectual property and employee contracts to Square Inc., a mobile payment company, for $1 million. A few months earlier, Hive, a college-based chat app with a similar color scheme to Yik Yak’s, popped up in the iTunes and Google Play stores, with Mr. Buffington in one of the screenshots. Whether it was an attempt at reinvention under the Yik Yak umbrella or a side project is unclear, but it is no longer available...

Morgan Hines, who will start her fourth year at Northeastern University in Boston this fall, never encountered nastiness on Yik Yak. “I thought it was funny,” she said. “It formed a lot of camaraderie between students. There would be random shout-outs to things happening on campus, like people who are attractive or being annoying in the library, or a fire alarm going off at 4 a.m.”

But Ms. Hines criticized Yik Yak’s hyper-localization. “Yik Yak was for pockets of people on campus,” she said. “If the fire alarm went off at 4 a.m., it only went off at your building, so no one else will give it a thumbs-up.”

That hyper-localization is also what made the cases of harassment particularly galling. Ms. Musick, one of the plaintiffs, said, “With Yik Yak, in the back of your mind, you know they’re not from around the world or other parts of the state, they’re right there in your classroom, in your dining hall. On a campus with 4,500 students, that’s a pretty small group of people. This isn’t some creepy guy in his mom’s basement in Indiana.”"

Swiss keep up the patent pace; swissinfo.ch, May 24, 2017

Luigi Jorio, swissinfo.ch; Swiss keep up the patent pace

"A machine for sorting gravel, a barometer that works by atmospheric humidity and a special electric writing machine: these are just a few of the patents that were filed in Switzerland over a hundred years ago and very probably reviewed by a certain Albert Einstein
external linkThe famous German physicist worked at the Swiss Federal Office of Intellectual Property in Bern from 1902 to 1909, a place he spoke of as a worldly cloister where he hatched his most beautiful ideas."

Fair Use Under the Trademark Laws; New York Law Journal, May 23, 2017

Howard Wintner, New York Law Journal; 

Fair Use Under the Trademark Laws

"The doctrine of fair use is usually associated with the copyright laws. There is, however, also a doctrine of fair use under the trademark laws. There are two branches of trademark fair use. One is descriptive fair use, which is often referred to as classic fair use. The other is nominative fair use. In classic fair use, the defendant uses the plaintiff's trademark to describe its own product or service. Nominative fair use occurs when the defendant uses the plaintiff's trademark to describe the plaintiff's product or service, even though its ultimate goal is to describe its own product or service. This article will discuss descriptive or classic fair use. The doctrine of nominative fair use is worthy of another article."