Entrepreneurialism and IP at Steel City Con; Kip Currier, August 13, 2017

Kip Currier
Entrepreneurialism and IP at Steel City Con 

Steel City Con (a Burgh-based pop culture convention in the vein of San Diego's famed Comic Con) has been running all weekend at the Monroeville Convention Center (13 miles from downtown Pittsburgh) and is finishing up today. I attended Saturday, August 12th (--the biggest "autograph" lines I saw were for Burt Reynolds! And it was cool to get up-close looks at three of the Brady Bunch kids, "Greg", "Bobby", and "Cindy"..."the youngest one in curls".--) and chatted with a number of very creative Western Pennsylvania entrepreneurs, showcasing and selling their self-made wares. In a variety of ways, they're using and working with (some would say infringing upon) Intellectual Property, and, in some cases, transforming Intellectual Property into new works.

Decals are a big seller at Conventions, like this X-Men decal:

Some examples of works that I observed being sold at the Con veer closer to (and step over?) the edge of infringement than others that can make stronger arguments for "transformativeness". Cristine Cordero's Heroes and Heels is a good example of the latter. Cristine told me that she uses actual comic book-clipped images to bring one-of-a-kind "custom created comic book shoes" to life...and her customers' feet.

Some have even been worn at superhero-themed weddings. ("I now pronounce you husband and..Deadpool?")

I asked each vendor with whom I spoke if they had had any requests to "cease and desist", or worse, from the companies that own the IP rights to, say, Star Wars, Harry Potter, the Suicide Squad, and the Avengers. Everyone shook their heads or said that they hadn't experienced anything like that. A few told me that any IP rights enforcement-type issues that they'd seen at conventions were relegated to films and videos, more associated with digital piracy. One seller told me he hadn't ever seen anyone roaming around the Cons enforcing IP rights. (As an IP instructor, I contrasted that with copyright enforcement examples I'm well aware of, involving licensing "sheriffs" on the lookout for copyright scofflaw musicians and cover bands. See here and here.)

I saw some really ingenious mashups of popular TV shows and characters. This T-Shirt combines the high mortality rate trope of the Red-Shirted security officers in the orginal Star Trek series (--if Star Trek were a chess game, the Red Shirts would be your pawns), with the series name of a popular zombie apocalypse TV show you may have heard of:

"Where do you come up with these ideas", I asked their maker?
"In the middle of the night they come to me. About 4 am", she chuckled.

Another seller with GoodsandEvil.com told me that Pittsburgh-born Greg Nicotero, the special effects guru extraordinaire on The Walking Dead, had just bought up a bunch of his clever zombie-themed shirts to take back to the crew. "Pretty cool to think that these shirts may be worn by people on the set", he understandably beamed. I told him I really liked the t-shirt below, a creative homage to the Western Pennsylvania-referenced places in 1968's (copyright-free!) Night of the Living Dead film and its cinematic zombie progeny, made by Pittsburgh's own George Romero, recently deceased. I snapped up one for myself, and one for my nephew, who's a big fan of The Walking Dead--before Greg Nicotero could circle back and clean them out (for We Are Negan? Rick's Gang? Shiva???).

My brother (the above-mentioned nephew's father) has been a big fan of Jack Nicholson's iconic "Here's Johnny" scene in Stephen King's The Shining, featured on another local entrepreneur's horror-themed ceramics. Perfect for that next office cocktail party (wasabi peas, anyone?):

Bringing it back to myself...I've always loved the scene in The Fellowship of the Ring where Ian McKellen-cum-Gandalf the Wizard stares down a fiery Balrog. With just his staff and a full-throated "You Shall "Not Pass". Now I can own Gandalf's "red line" on a yellow metal sign...and daydream about where I'd like to place it.

And for any of you Games of Thrones fans out there (or, if you're not a GOT devotee but are looking for a truly unique stocking stuffer for later this year)...how about custom-made Chain Mail for your canine BFF? Not that even Valyrian chain mail would do much good, should you be unlucky enough to find a Drogon-driving, "Dracarys"-dripping Daenerys Targaryen bearing down on you on some windswept plain. 

(House Lannister, House Stark, or House Targaryen?)

Cosplayers were, unsurprisingly, in abundance at Steel City Con too. Leias, Obi-Wans, Jokers, Harley Quinns...R2D2

And, yes, where you have cosplayers, you're gonna have that occasional dreaded cosplayer wardrobe malfunction. (Holy Suspenders, Batman...your utility belt's busted!)

Cue drumroll and Enter the enterprising folks from Any-Kind-A-Wear, who offered a Cosplay Repair Service:

A bit of duct tape...a well-placed safety pin and a dab-dab from a hot glue gun...maybe a spit and polish...and you're lookin' great and ready to save the world again.

...Or just hang out with your SuperFriends at your friendly neighborhood Con.

Trump Cautious on China Inquiry Over Intellectual Property Theft; New York Times, August 12, 2017

Glenn Thrush and Alan Rappeport, New York Times; Trump Cautious on China Inquiry Over Intellectual Property Theft

"Mr. Trump will return to Washington from his working vacation at his Bedminster, N.J., golf resort on Monday to sign an executive memo asking the United States Trade Representative to determine whether to investigate state-backed theft by China of intellectual property from American technology and defense companies.

The request for an investigation will focus on Beijing’s practices of coercing American companies doing business in China to partner with local firms, which require them to turn over proprietary technological secrets as part of what American officials described as a coordinated effort to steal intellectual property.

Mr. Trump’s trade advisers, speaking to reporters on a conference call early Saturday, did not say why the administration decided to add the intermediate step of requesting an investigation, rather than starting one immediately. This month, people familiar with Mr. Trump’s deliberations suggested that the administration was prepared to immediately begin an inquiry into Chinese theft under the 1974 Trade Act."

Trump to China: Trade probe is coming Monday; CNN Money, August 12, 2017

Jeremy Diamond, CNN Money; Trump to China: Trade probe is coming Monday

"Trump told President Xi Jinping that he plans to direct U.S. Trade Representative Robert Lighthizer on Monday to begin the probe into alleged Chinese violations of U.S. intellectual property rights, the official said.

The move could lay the groundwork for Trump to impose tariffs against Chinese imports, which would mark a significant escalation in his efforts to reshape the trade relationship between the world's two largest economies."

Mercedes-Benz patents exterior airbags for pedestrians; AL.com, August 11, 2017

William Thornton, AL.com; Mercedes-Benz patents exterior airbags for pedestrians

"A new filing through the U.S. Patent and Trademark Office reveals that Mercedes-Benz has developed an exterior airbag for pedestrians...

The Drive speculates that this technology is similar to some employed by Volvo but left undeveloped. In addition, companies apply for patents to protect intellectual property that might never be used."

Mayo prevails in patent case, but legal fight isn't over; Star Tribune, August 10, 2017

Joe Carlson, Star Tribune; Mayo prevails in patent case, but legal fight isn't over

"Mayo Clinic has successfully invalidated the patent on a method of diagnosing a rare autoimmune disorder, handing the Minnesota health system a legal victory against one of the largest private lab companies in the U.S."

The Copyright Office belongs in the Library of Congress; ALA District Dispatch, August 9, 2017

Alan Inouye, ALA District Dispatch; The Copyright Office belongs in the Library of Congress

"In “Lessons From History: The Copyright Office Belongs in the Library of Congress,” a new report from the American Library Association (ALA), Google Policy Fellow Alisa Holahan compellingly documents that Congress repeatedly has considered the best locus for the U.S. Copyright Office (CO) and consistently reaffirmed that the Library of Congress (Library) is its most effective and efficient home.

Prompted by persistent legislative and other proposals to remove the CO from the Library in both the current and most recent Congresses, Holahan’s analysis comprehensively reviews the history of the locus of copyright activities from 1870 to the present day. In addition to providing a longer historical perspective, the Report finds that Congress has examined this issue at roughly 20-year intervals, declining to separate the CO and Library each time."

Can You Change Two Words To A Song And Claim A New Copyright?; Above The Law, August 10, 2017

Krista L. Cox, Above The Law; 

Can You Change Two Words To A Song And Claim A New Copyright?

"In order to be copyrightable as a derivative work, the new work must “add new original copyrightable authorship.” We will (shall?) see whether these small changes were big enough to warrant copyright protection. And if a court indeed finds that it is, well, I guess that means it’s time for me to start marketing “Ringing Bells.”"

Waiting to Protect Intellectual Property Could Doom Your Startup; Kellogg Insight, August 3, 2017

Mark McCareins and Pete Slawniak, Kellogg Insight; Waiting to Protect Intellectual Property Could Doom Your Startup

"Based on insights from Mark McCareins and Pete Slawniak

It pays to be certain your idea is original.  

McCareins: A prior art search needs to be done to make sure that what you’re getting patented is really and uniquely your own.  There may be a temptation not to do a comprehensive search because it's expensive, but you don’t want to find out later that someone had the same invention.  

People say, “Well I got a patent so I’m good to go,” but that’s only half the battle. Even when the U.S. Patent and Trademark Office has granted a patent, that doesn’t mean a federal court might not come in later and invalidate that patent based on another party’s complaint.  

Slawniak: When you file a patent, look around and do a search. See what other folks in the industry are doing. See what other patents are out there. Read the scholarly work around technology in your field and have some conversations with people in the industry. Your patent is a reflection of your R&D investment and your technological advantage, so it's important to know exactly where that product differentiation is. An exhaustive search will ensure you have a strong patent, and hopefully help your patent issue faster. When you have something you believe has value, it’s worth the investment of time to develop and protect it. "

Davehuman? Pirates had a hoot picking nicknames for alternate uniform; Pittsburgh Post-Gazette, August 9, 2017

STEPHEN J. NESBITT, Pittsburgh Post-Gazette; Davehuman? Pirates had a hoot picking nicknames for alternate uniform

[Kip Currier: Trademark law is the issue with the names, rather than copyright law.]

"Chad Kuhl wanted “Kuhl Whip” but that, as was the case with many players’ first choices, was scotched by the league, presumably for corporate and copyright reasons. Kuhl went instead with “Chet,” the nickname given to him by fellow starter Trevor Williams. Williams wanted to be “Ved,” a nod to the Pearl Jam lead man, but was turned down and settled for the initials “EV.”"

Ireland Opens E-Health Open Data Portal; Huff Post, August 8, 2017

Adi Gaskell, Huff Post; Ireland Opens E-Health Open Data Portal

"I’ve written extensively about the growing importance of data in healthcare in the past year, and it’s pleasing to see that changes are slowly beginning to emerge in the sector.

The latest of these comes from Ireland, where an open data portal has been launched by eHealth Ireland.  The portal aims to bring together some 300 different open data sources into one place, making it easier to find data from across the Irish Health Sector...

The data itself is open, free and reusable, and the project is a key part of the Public Service Reform agenda.  It is wrapped up in the  Open Health Data Policy, which aims to provide a framework for the accessibility and availability of open data in the Irish health system.

The project follows a number of clearly defined Open Health Data Principles that are designed to support the health service in the provision of better patient care and in the support of new innovations in the sector, all whilst ensuring that patient data is secured and governed appropriately."

Open house held for Open Data Buffalo Portal; WGRZ, August 5, 2017

WGRZ; Open house held for Open Data Buffalo Portal

""Open Data Buffalo is an initiative to open up Buffalo's data to the public, to the community, to be able to share the many, many, many pieces of information that we have in the city, to inform people in a variety of different ways about what is happening in their city," explained Buffalo Mayor Byron Brown Saturday at the event.  "It will give us the ability to educate residents, to enlighten residents, to provide information to researchers, to business people, and rank and file members of our community to engage in projects and do things that will make our city stronger.""

LeVar Burton sued in 'Reading Rainbow' copyright infringement lawsuit; Philly.com, August 9, 2017

Nick Vadala, Philly.com; LeVar Burton sued in 'Reading Rainbow' copyright infringement lawsuit

"WNED makes a number of allegations against Burton and RRKidz in the suit, including “copyright infringement, conversion, cybersquatting, violations of the Lanham Act, breach of contract, and interference with customer relations,” according to the Hollywood Reporter.

Take a look, it’s in a book — you can read the Reading Rainbow lawsuit here."

United States: The Defend Trade Secrets Act: A Q&A With Neil Mckittrick; Mondaq, August 7, 2017

James McGrew, Mondaq; United States: The Defend Trade Secrets Act: A Q&A With Neil Mckittrick

"JM: What are some policies or best practices that employers can put in place to protect their trade secrets?

NM: An employer's primary goal should be to ensure that trade secrets remain "secret." For example, employees who have access to trade secrets should sign confidentiality agreements. Employers should also consider taking other reasonable steps to maintain the confidential nature of their trade secrets, such as limiting access to trade secrets to those employees who have a legitimate business reason to use that information, reminding departing employees of their confidentiality obligations, storing trade secrets only in password-protected locations and on password-protected devices, and implementing a strong password policy."

Soon, nobody will read academic journals illegally, because the studies worth reading will be free; Quartz, August 9, 2017

Akshat Rathi, Quartz; Soon, nobody will read academic journals illegally, because the studies worth reading will be free

"Now a new study has found that nearly half of all academic articles that users want to read are already freely available. These studies may or may not have been published in an open-access journal, but there is a legally free version available for a reader to download...

The finding is backed by two trends. First, academics are increasingly publishing in open-access journals. Looking at a random sample of studies published in 2015, about 45% were published in such journals. Second, studies published in open-access journals receive more citations than average. It’s not clear whether that’s to do with the quality of research or easy access, but it’s a positive sign for a more open-accessed internet."

Podcast patent ruled invalid by court; BBC, August 8, 2017

BBC; Podcast patent ruled invalid by court

"A company that charged others for uploading video and audio content on to their own websites has had its podcast patent invalidated by a US court.

The Electronic Frontiers Foundation (EFF) argued that Personal Audio LCC had "not invented anything new" when it acquired the patent in 2012.

Building up patent libraries to aggressively pursue others for payments while making few if any products of one's own is sometimes referred to as "patent trolling"."

Ted Stanley, Whose Fentanyl Lollipop Treated Chronic Pain, Dies at 77; New York Times, August 4, 2017

Sam Roberts, New York Times; Ted Stanley, Whose Fentanyl Lollipop Treated Chronic Pain, Dies at 77

"The lollipop version was invented by Dr. Stanley and Brian I. Hague in 1983 and approved by federal regulators in 1998 to treat cancer pain under the name Actiq.

Their patent was assigned to the University of Utah Research Foundation.

The product was considered a breakthrough because it could be sucked or swabbed in the mouths of patients, including children and old people, who had an aversion to vaccinations or had difficulty swallowing pills."

"Dangers of Counterfeit Solar Filter Glasses"; Global Intellectual Property Center, August 7, 2017

"GIPC President and CEO David Hirschmann will join the Lars Larson Show tonight at 5:05 p.m. EST to discuss the dangers of counterfeit solar filter glasses ahead of the August 21 eclipse. Hirschmann will also offer general tips on how to avoid counterfeit goods during the busy back-to-school shopping season. Tune into the live broadcast here. Read more on counterfeit solar filter glasses from GIPC's Kasie Brill here. Share on Twitter here."

Patent Validity Review Changes on Hold for Next PTO Director; Bloomberg BNA, August 3, 2017

Malathi Nayak, Bloomberg BNA; Patent Validity Review Changes on Hold for Next PTO Director

"Plans to change patent validity review proceedings at the Patent and Trademark Office’s Patent Trial and Appeal Board are on hold, the office’s interim director said Aug. 3.

“What direction we take with broad changes to PTAB would have to await the appointment of a permanent director,” Joseph Matal said at the quarterly meeting of the agency’s Patent Public Advisory Committee.

President Donald Trump hasn’t nominated a replacement for former Director Michelle K. Lee, who resigned in June."

For the sake of jobs and culture, copyright law must be protected; The Hill, August 2, 2017

John Singleton, The Hill; For the sake of jobs and culture, copyright law must be protected

"The American film and television industries sit at the intersection of art and commerce. Although we often like to think we are simply making art, we also need to make back the investors’ money. And, like in any business, investors want to see a potential path to that profitable return before signing a check. That was as true in 1991 as it is today. The difference is that the emergence of online piracy has had a measureable effect on the health of our industry, threatening the financial success of every single television show, indie film and summer blockbuster.

It’s easy to look at piracy in a vacuum and chalk the illegal streaming of a movie up to a mere $5 or $10 loss for Hollywood investors. Yet the aggregate cost of piracy goes far beyond that. It makes film and television companies far more risk-averse, narrowing their output to that which seems the most bankable, thereby creating a climate in which no one would be willing to take a chance on a 24-year-old with a script about inner city life.

And if they’re not taking those chances, then who is? Where does the next Kenneth Lonergan come from? Sofia Coppola? James Gunn? Paul Greengrass? John Singleton?"

‘We can change the meaning’: Trademarks filed for n-word after Supreme Court decision; Washington Post, August 1, 2017

Justin Wm. Moyer, Washington Post; ‘We can change the meaning’: Trademarks filed for n-word after Supreme Court decision

"Gene Quinn, founder of the intellectual property blog IP Watchdog, said trademarking epithets to limit their use was a “laudable purpose,” but difficult to achieve.

To be maintained, trademarks must be used in interstate commerce, he said, and are awarded in different classes, such as clothing, food or video games. Anyone trying to erase these words from the marketplace would simultaneously need to put them into the marketplace."

Brush Yourself Off And Try Again: An Invention Story; NPR, August 4, 2017

Joe Palca, NPR; Brush Yourself Off And Try Again: An Invention Story

"We told the story of MD Brush in 2014. At that point, it had taken seven years to go from the idea for a new toothbrush to an actual product: seven years of designs, redesigns, re-redesigns, manufacturing obstacles, marketing stumbles and website crashes. When our story aired in August 2014, a production run of 100,000 MD Brushes was underway at a factory in Vietnam.

But not long after the first shipment arrived in the U.S., they ran into the dental industrial complex. One of the big toothbrush companies filed suit against them, accusing them of patent infringement."

For Second Time, Appeals Court Hears GSU E-Reserves Case; Publishers Weekly, August 4, 2017

Andrew Albanese, Publishers Weekly; For Second Time, Appeals Court Hears GSU E-Reserves Case

"In what the plaintiff publishers’ attorney Bruce Rich called a “seemingly never-ending case,” an appeals court last week heard oral arguments in the long-running Georgia State University (GSU) e-reserves case for a second time. And judging by the court’s questions, the case could still be far from a conclusion.

In the hearing, which went for just over an hour, a three-judge panel of the 11th Circuit in Atlanta, once again pressed attorneys for the fault lines in the decade-old copyright case case, with much of the hearing focusing on whether Judge Orinda Evans correctly evaluated the fourth factor of the four factor fair use test (the effect on the market), and then properly weighted that factor in making her fair use determinations."

Canada’s intellectual property strategy must play to the country’s strengths; The Globe and Mail, August 4, 2017

Dan Breznitz and Mark Fox, The Globe and Mail; Canada’s intellectual property strategy must play to the country’s strengths

"In the last 40 years, Canada has been acting as the open-source laboratory of the world – we funded and conducted the research, that is the prior art – and foreigners gladly patented it, gaining the property rights and profits. Nowhere is this disturbing phenomena clearer then in Artificial Intelligence. It is high time that Canada defend the openness of our open science and, at the same time, achieve all three of our national IP strategy goals: 1) generate and own more, and higher quality, patents; 2) defend and expand the freedom to operate for current and future Canadian entrepreneurs and companies; 3) educate Canadians to become the world's savviest users and producers of IPR."

Dunkin’ Donuts wants to leave a doughnut-sized hole in its name; Washington Post, August 4, 2017

Andrew deGrandpre, Washington Post; Dunkin’ Donuts wants to leave a doughnut-sized hole in its name

"Today, Dunkin’ Donuts is locked in a nationwide popularity contest with Starbucks and independent coffeehouses, aggressively competing for the loyalty of an increasingly calorie-conscious customer base concerned with staying fit, not just caffeinated. Doughnuts — while delicious — connote neither.

To that end, the Massachusetts-based chain is deploying a new marketing strategy. Its first vestiges appeared this week in Pasadena, Calif., where a new Dunkin’ Donuts storefront emerged bearing a new name and slogan:

Dunkin’. Coffee and more.

Eighty-six the doughnuts! (Or, rather, “Donuts.”)

The branding experiment in Pasadena marks the start of a trial period during which the company will gauge customer response and evaluate whether to take the new name nationwide. The review is expected to stretch well into next year, the company said."

THE STAR WARS VIDEO THAT BAFFLED YOUTUBE'S COPYRIGHT COPS; Wired, August 2, 2017

Jeremy Hsu, Wired; THE STAR WARS VIDEO THAT BAFFLED YOUTUBE'S COPYRIGHT COPS

"Still, the Auralnauts say they have few options to fight what they view as unfair claims on their content. Koonce suggested possible Content ID improvements that could prevent the same false claims from being repeatedly filed against the same video by different claimants. “People need to protect their IP, but don’t give them all the power," he says.

A smarter profit-sharing system would differentiate better between, say, a video of Queen performing “Bohemian Rhapsody” or the same song playing in the background of someone's wedding video. “What is needed is a more nuanced approach to how stuff gets monetized,” says Robert Lyons, a former digital media executive who is now a visiting lecturer at Northeastern University in Boston.

In any case, Lyons suggests that the Auralnauts video has a very good chance of being protected under fair use legal doctrine—the legal concept that allows for music and video parodies, among other exceptions to copyright infringement. “I think that a mere five seconds of the title’s music in a work that clearly is transformative and [that] poses no threat to the commercial potential of the original work would have a very strong fair use defense,” Lyons says."

To Protect Voting, Use Open-Source Software; New York Times, August 3, 2017

R. James Woolsey and Brian J. Fox, New York Times; To Protect Voting,Use Open-Source Software

"If the community of proprietary vendors, including Microsoft, would support the use of open-source model for elections, we could expedite progress toward secure voting systems.

With an election on the horizon, it’s urgent that we ensure that those who seek to make our voting systems more secure have easy access to them, and that Mr. Putin does not."

Global Intellectual Property Center (GIPC), August 2017

"U.S. Chamber Applauds Approval of White House Intellectual Property Advisor WASHINGTON, D.C. — U.S. Chamber President and CEO of the Global Intellectual Property Center David Hirschmann today applauded Senate approval of Vishal J. Amin, President Trump’s nominee for White House Intellectual Property Enforcement Coordinator (IPEC):  “The Chamber looks forward to working with Mr. Amin to ensure strong enforcement of our trade agreements; increased protections against illicit actors online; heightened security and efficiency measures at our borders and ports of entry; and support for effective voluntary agreements. “We were pleased to support Mr. Amin’s nomination for the extremely important role of White House Intellectual Property Enforcement Coordinator (IPEC). When Congress created this position as part of the PRO-IP Act of 2008, it did so with a strong bipartisan mandate to protect and promote our nation’s intellectual property assets. Intellectual property industries contribute nearly forty percent of U.S. GDP and impact nearly a third of the American workforce. Americans suffer real consequences when other countries or individuals disrespect, undermine, or infringe upon the rights of our innovators and creators. By uniting the efforts of the various executive branch agencies, the IPEC can be a tremendous force for good.” The Chamber sent a letter to Senate Judiciary Committee leadership urging “swift consideration” of Amin's nomination ahead of his confirmation hearing earlier this year. The most recent Department of Commerce data shows that intellectual property generates 38 percent of our nation’s GDP, two-thirds of all exports, and supports more than 45 million jobs in 81 different industries.  The Chamber’s Global Intellectual Property Center is working around the world to champion intellectual property (IP) rights as vital to creating jobs, saving lives, advancing global economic growth, and generating breakthrough solutions to global challenges. The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations."

Can An AI Algorithm Copyright What It Creates?; Forbes, August 2, 2017

Kalev Leetaru, Forbes; Can An AI Algorithm Copyright What It Creates?

"Today AI systems are still largely human guided, meaning that even creative algorithms like Google’s Deep Dream are still dependent on the input of a human artist to select both the training images to build the neural network and the image to manipulate. What happens, however, as deep learning algorithms become increasingly capable, eventually operating more and more without human oversight?

Imagine a future version of Deep Dream that is fully autonomous and sits by itself coming up with completely novel imagery that has never been seen by human eyes and which was not guided or suggested by any human. Who owns the rights to these images? If an art company uses such an algorithm to produce new works, can it copyright those works for itself or are the works entirely unprotectable? Or could the AI itself own those works and generate profit from them that it could use to improve itself?"