Christopher Mele, New York Times; 'We Shall Overcome’ Is Put in Public Domain in a Copyright Settlement
"The settlement was “an enormously important achievement” because others can now use the song without paying for it or seeking permission, a lawyer for the plaintiffs, Mark C. Rifkin, said in a telephone interview on Friday night. “We’re really thrilled to be part of an effort to give this song back to the public where it belongs,” he said.
The case is the latest one to cancel the copyright of a time-honored song that many people may well assume was available for anyone to sing: A judge invalidated the copyright on “Happy Birthday to You” in 2015."
Monday, January 29, 2018
Friday, January 26, 2018
Exclusive: playwright's estate says The Shape of Water used his work without credit; Guardian, January 25, 2018
Sam Levin, Guardian; Exclusive: playwright's estate says The Shape of Water used his work without credit
"The estate of the Pulitzer-winning playwright Paul Zindel has accused the film The Shape of Water of using the late writer’s work without credit, arguing that Guillermo del Toro’s movie, which is leading in Oscar nominations, was “obviously derived” from a 1969 play.
David Zindel, son of the American playwright, told the Guardian he believes his father’s work Let Me Hear You Whisper, a play about a female janitor in a research laboratory who bonds with a captive dolphin and tries to rescue the creature, is a source of inspiration for The Shape of Water. Del Toro’s film was nominated on Tuesday for 13 Oscars, including best picture, best director and best original screenplay."
"The estate of the Pulitzer-winning playwright Paul Zindel has accused the film The Shape of Water of using the late writer’s work without credit, arguing that Guillermo del Toro’s movie, which is leading in Oscar nominations, was “obviously derived” from a 1969 play.
David Zindel, son of the American playwright, told the Guardian he believes his father’s work Let Me Hear You Whisper, a play about a female janitor in a research laboratory who bonds with a captive dolphin and tries to rescue the creature, is a source of inspiration for The Shape of Water. Del Toro’s film was nominated on Tuesday for 13 Oscars, including best picture, best director and best original screenplay."
Grumpy Cat Awarded $710,000 In Copyright Infringement Suit; NPR, January 25, 2018
Scott Neuman, NPR; Grumpy Cat Awarded $710,000 In Copyright Infringement Suit
"In the end, the jury sided with Grumpy Cat, awarding $710,000 for copyright and trademark infringement and $1 for breach of contract, Courthouse News says."
"In the end, the jury sided with Grumpy Cat, awarding $710,000 for copyright and trademark infringement and $1 for breach of contract, Courthouse News says."
What's behind the soaring cost of college textbooks; CBSNews.com, January 26, 2018
Kathy Kristof, CBSNews.com;
"Notably, a movement is growing to provide copyright-free open-access text books. But these programs have been adopted at only 6 percent of schools. Open-access course materials are peer-reviewed, easily customizable and can include textbooks, articles and even sample problems and quizzes -- just like the materials publishers often hide behind paywalls.
"With open educational resources, there are no access codes, and students never lose access to their core content," said Nicole Finkbeiner, associate director of institutional relations for OpenStax, an open-textbooks publisher based at Rice University in Texas. "This enables students to continue to use and refer to their core content as they move forward in their studies, when studying for advancement exams, and in their professional lives, without any additional costs or barriers."
U.S. Rep. Jared Polis, D-Colorado, has twice introduced legislation would create a national grant program to encourage professors to adopt open-access texts. However, the legislation stalled in the Health and Education Committee."
What's Behind the Soaring Cost of College Textbooks
"Notably, a movement is growing to provide copyright-free open-access text books. But these programs have been adopted at only 6 percent of schools. Open-access course materials are peer-reviewed, easily customizable and can include textbooks, articles and even sample problems and quizzes -- just like the materials publishers often hide behind paywalls.
"With open educational resources, there are no access codes, and students never lose access to their core content," said Nicole Finkbeiner, associate director of institutional relations for OpenStax, an open-textbooks publisher based at Rice University in Texas. "This enables students to continue to use and refer to their core content as they move forward in their studies, when studying for advancement exams, and in their professional lives, without any additional costs or barriers."
U.S. Rep. Jared Polis, D-Colorado, has twice introduced legislation would create a national grant program to encourage professors to adopt open-access texts. However, the legislation stalled in the Health and Education Committee."
Sunday, January 21, 2018
Appeals court vacates decisions that canceled Redskins trademark registrations; USA Today, January 18, 2018
Erik Brady, USA Today; Appeals court vacates decisions that canceled Redskins trademark registrations
"The U.S. Court of Appeals for the Fourth Circuit on Thursday vacated decisions that had canceled the Washington NFL team’s federal trademark registrations, officially ending a legal fight that lasted more than 25 years.
Legally speaking, the team won. Culturally speaking, Native American petitioners believe they did."
"The U.S. Court of Appeals for the Fourth Circuit on Thursday vacated decisions that had canceled the Washington NFL team’s federal trademark registrations, officially ending a legal fight that lasted more than 25 years.
Legally speaking, the team won. Culturally speaking, Native American petitioners believe they did."
Kitty Perry and the copyright lessons for seven-year-olds; BBC News, January 17, 2018
Brian Wheeler, BBC News;
"The Intellectual Property Office is leading the government's efforts to crack down on internet piracy and protect the revenues of Britain's creative industries.
Kitty Perry and the copyright lessons for seven-year-olds
"The Intellectual Property Office is leading the government's efforts to crack down on internet piracy and protect the revenues of Britain's creative industries.
The government agency is spending £20,000 of its own money on the latest Nancy campaign, which is part-funded by the UK music industry.
Catherine Davies, head of the IPO's education outreach department, which already produces teaching materials for GCSE students, admitted IP was a "complex subject" for small children and something of a challenge to make accessible and entertaining...
"A basic understanding of IP and a respect for others' IP rights is therefore a key life skill."
But some fear the IPO is being too heavy-handed in its warnings about piracy and that the message could backfire.
Jim Killock, director of the Open Rights Group campaign, said: "Some of the material seems misleading, in particular the episode explaining that downloading is the same as stealing from a shop."
How AI and copyright would work; Tech Crunch, January 9, 2018
Dave Davis, Tech Crunch;
"The real problem of self-aware AI generating original content with intent has not arrived (yet). But it may, and it is interesting to think about.
The core question about AI-generated works is: Can AI-generated works be reasonably construed as original expression, even though there’s no person behind the work doing the expressing?"
How AI and copyright would work
"The real problem of self-aware AI generating original content with intent has not arrived (yet). But it may, and it is interesting to think about.
The core question about AI-generated works is: Can AI-generated works be reasonably construed as original expression, even though there’s no person behind the work doing the expressing?"
Copyright Week 2018: Join Us in Fighting for Better Copyright Law and Policy; Electronic Frontier Foundation (EFF), January 15, 2018
Katharine Trendacosta, Electronic Frontier Foundation (EFF);
"We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of copyright law and policy, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation."
Copyright Week 2018: Join Us in Fighting for Better Copyright Law and Policy
"We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of copyright law and policy, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation."
Primary school children need to learn about intellectual property, Government agency says ; Telegraph, January 20, 2018
Camilla Turner, Telegraph;
Primary school children need to learn about intellectual property, Government agency says
"Primary school children should be taught about copyright law and intellectual property amid a rise in social media, a Government agency has said.
The Intellectual Property Office (IPO) has launched a raft of teaching resources and videos aimed at helping children aged seven to 11 learn about piracy, patents and trademarks.
Catherine Davies, head of the IPO’s education outreach department, said that children start using technology and social media at an increasingly young age, so by the time they are teenagers it is already too late to teach them about respecting copyright laws."
Every College Student's Dream: An 8 AM Class On Patents; Wired, January 20, 2018
David Kline, Wired; Every College Student's Dream: An 8 AM Class On Patents
[Kip Currier: Money quote from this Wired article making a very persuasive quantitative and qualitative argument for more Intellectual Property (IP) undergraduate courses--
"Nor is there any doubt that IP plays a pivotal role in powering today’s knowledge economy, where intangible assets such as IP represent more than 80 percent of the market value of all publicly traded companies. Indeed, intellectual-property-intensive industries now account for a surprising 38.2 percent of total US GDP, according to a recent US Department of Commerce report. That’s more than $6 trillion a year, more than the GDP of any other nation except China. IP-based industries are also responsible for 30 percent, of national employment, or roughly 40 million jobs.
Yet despite IP's enormous role in the US economy, few universities offer any sort of course on IP to undergraduates. Among the first is the University of Southern California, which last fall launched a course on the basic workings of patents, copyrights, trademarks and trade secrets. The new course, through the Greif Center for Entrepreneurial Studies within USC’s Marshall School of Business, aims to train tomorrow’s leaders in the skills they need to navigate our increasingly IP-driven economy...
[Kip Currier: Money quote from this Wired article making a very persuasive quantitative and qualitative argument for more Intellectual Property (IP) undergraduate courses--
"...IP literacy is not just for lawyers anymore."
As a related aside: Reflecting an increasing student desire and need for IP education, two out of every three terms per academic year since 2009, I've been teaching an IP elective course to graduate students at Pitt's School of Information Sciences (now the School of Computing and Information).
Additionally, in IP guest talks I've given for undergraduate students participating in Pitt's groundbreaking iSchool Inclusion Institute, it's been exciting to see first-hand many students' interest in augmenting their IP awareness...as well as more and more students creating and leveraging their own IP works!]
"Nor is there any doubt that IP plays a pivotal role in powering today’s knowledge economy, where intangible assets such as IP represent more than 80 percent of the market value of all publicly traded companies. Indeed, intellectual-property-intensive industries now account for a surprising 38.2 percent of total US GDP, according to a recent US Department of Commerce report. That’s more than $6 trillion a year, more than the GDP of any other nation except China. IP-based industries are also responsible for 30 percent, of national employment, or roughly 40 million jobs.
Yet despite IP's enormous role in the US economy, few universities offer any sort of course on IP to undergraduates. Among the first is the University of Southern California, which last fall launched a course on the basic workings of patents, copyrights, trademarks and trade secrets. The new course, through the Greif Center for Entrepreneurial Studies within USC’s Marshall School of Business, aims to train tomorrow’s leaders in the skills they need to navigate our increasingly IP-driven economy...
Put another way, just as tech literacy was once a requirement only for IT specialists but is now considered almost as essential as verbal literacy, IP literacy is not just for lawyers anymore.
All of which calls to mind that scene from the 1967 movie The Graduate, when Mr. McGuire (Walter Brooke) offers career advice to a young Benjamin Braddock (Dustin Hoffman)?
“Plastics!” he says. “There’s a great future in plastics.”
Half a century later, USC is demonstrating that intellectual property has become the new watchword for almost any career of the future."
Tuesday, January 16, 2018
Brain Power Pays Off With Japan’s Intellectual Property Exports; Bloomberg, January 15, 2018
Connor Cislo, Bloomberg; Brain Power Pays Off With Japan’s Intellectual Property Exports
"Given the importance of IP to their economies, Japan and other advanced nations such as the U.S. are trying to strengthen protections in this area.
"Given the importance of IP to their economies, Japan and other advanced nations such as the U.S. are trying to strengthen protections in this area.
Japan nearly saw its preferred IP protection regime realized in the Trans-Pacific Partnership, until President Donald Trump’s decision to pull the U.S. out of the agreement threw the pact's future into doubt.
The remaining 11 TPP members have suspended multiple IP-related provisions from the original agreement. Meanwhile, another large trade deal championed by China, the Regional Comprehensive Economic Partnership, doesn’t address IP to the satisfaction of Japanese businesses."
Monday, January 15, 2018
Parsing the patents: CMU seeking clear answers on AI in workforce; Pittsburgh Post-Gazette, January 15, 2018
Daniel Moore, Pittsburgh Post-Gazette; Parsing the patents: CMU seeking clear answers on AI in workforce
"...[T]here has been sparse research into what local governments and foundations can do to cushion the blow of technology: Precisely where, how and in what professions will some of the biggest disruptors — driven by artificial intelligence — roll out first?
"...[T]here has been sparse research into what local governments and foundations can do to cushion the blow of technology: Precisely where, how and in what professions will some of the biggest disruptors — driven by artificial intelligence — roll out first?
“The advantage of our approach is you can see in a very granular way, where these inventions are emerging,” said Lee Branstetter, a CMU professor of economics and public policy leading the new study that is relying in part of patent filings. “And how this is all changing over time.”
The research is one of two projects awarded a total of $550,000 from the Heinz Endowments, which is marking the launch of its Future of Work initiative...
Put together, patents can be used to visualize where artificial intelligence is making gains. The idea is to display artificial intelligence shifts on a map that shows different regions and industries."
Monday, August 28, 2017
Jack Kirby’s 100 Coolest Comic Book Creations; Comic Book Resources, August 28, 2017
Brian Cronin, Comic Book Resources; Jack Kirby’s 100 Coolest Comic Book Creations
"Today would have been the 100th birthday of legendary comic book artist Jack Kirby. Comic book fans and creators from all over the world are spending today sharing their favorite memories on social media about the comic book icon. When we were thinking of ways to celebrate his tremendous impact on the world of comic books, we realized that one of the easiest ways to visualize Kirby’s impact was just to list 100 of his coolest comic book creations. So that’s just what we’re going to do. We’re going to alphabetically list 100 amazingly awesome comic book creations by Jack “The King” Kirby and we’re combing characters as much as possible, so this could easily be waaaaaaay over 100 (the X-Men, for instance, are just one entry when they could easily be six between Professor X, Cyclops, Jean Grey, Beast, Angel and Iceman). Enjoy!"
"Today would have been the 100th birthday of legendary comic book artist Jack Kirby. Comic book fans and creators from all over the world are spending today sharing their favorite memories on social media about the comic book icon. When we were thinking of ways to celebrate his tremendous impact on the world of comic books, we realized that one of the easiest ways to visualize Kirby’s impact was just to list 100 of his coolest comic book creations. So that’s just what we’re going to do. We’re going to alphabetically list 100 amazingly awesome comic book creations by Jack “The King” Kirby and we’re combing characters as much as possible, so this could easily be waaaaaaay over 100 (the X-Men, for instance, are just one entry when they could easily be six between Professor X, Cyclops, Jean Grey, Beast, Angel and Iceman). Enjoy!"
Friday, August 25, 2017
United States: Even Bambi Is A Trade Secret: Eastern District Of Texas Finds That Lineage And Genetic Information Of Deer Are Trade Secrets, Grants Preliminary Injunction; Mondaq, August 22, 2017
Michael D. Weil and Tierra Piens, Mondaq; United States: Even Bambi Is A Trade Secret: Eastern District Of Texas Finds That Lineage And Genetic Information Of Deer Are Trade Secrets, Grants Preliminary Injunction
"Earlier this year, the North American Deer Registry (NADR) filed a complaint in the Eastern District of Texas alleging trade secrets misappropriation under the Defend Trade Secrets Act (DTSA) and the Oklahoma Uniform Trade Secrets Act. Specifically, NADR alleged that its vendor, DNA Solutions (DNAS), retained NADR's trade secret information, the contents of the database, after the conclusion of their contractual relationship.
NADR hired DNAS to process the genetic information of various deer, perform genetic matching services, and host a database that eventually contained information on 230,000 deer. The contractual agreement contained a "Return of Information" provision that required DNAS to return "all NADR and NADR member Information, Biological Materials, Genetic Information and Genotype Data" at the conclusion of their contractual relationship. The contract expired on January 1, 2017. Per the contract, DNAS returned the information regarding the deer in NADR's registry, but DNAS admittedly retained a duplicate of the information."
"Earlier this year, the North American Deer Registry (NADR) filed a complaint in the Eastern District of Texas alleging trade secrets misappropriation under the Defend Trade Secrets Act (DTSA) and the Oklahoma Uniform Trade Secrets Act. Specifically, NADR alleged that its vendor, DNA Solutions (DNAS), retained NADR's trade secret information, the contents of the database, after the conclusion of their contractual relationship.
NADR hired DNAS to process the genetic information of various deer, perform genetic matching services, and host a database that eventually contained information on 230,000 deer. The contractual agreement contained a "Return of Information" provision that required DNAS to return "all NADR and NADR member Information, Biological Materials, Genetic Information and Genotype Data" at the conclusion of their contractual relationship. The contract expired on January 1, 2017. Per the contract, DNAS returned the information regarding the deer in NADR's registry, but DNAS admittedly retained a duplicate of the information."
You can’t trademark yellow, Cheerios; , August 25, 2017
Cody Nelson, Minnesota Public Radio; You can’t trademark yellow, Cheerios
"The Cheerios’ shade of yellow isn’t “inherently distinctive” enough to qualify for a trademark, the federal Trademark Trial and Appeal Board ruled this week.
General Mills had spent the past two years trying to trademark “the color yellow appearing as the predominant uniform background color” on Cheerios boxes, Ars Technica reports.
Turns out the Cheerios yellow is just too average. For intellectual-property regulators to deem a color trademark-able, consumers must consider it to have a certain “distinctiveness.”"
"The Cheerios’ shade of yellow isn’t “inherently distinctive” enough to qualify for a trademark, the federal Trademark Trial and Appeal Board ruled this week.
General Mills had spent the past two years trying to trademark “the color yellow appearing as the predominant uniform background color” on Cheerios boxes, Ars Technica reports.
Turns out the Cheerios yellow is just too average. For intellectual-property regulators to deem a color trademark-able, consumers must consider it to have a certain “distinctiveness.”"
New Balance wins record China trademark award; BBC, August 24, 2017
BBC; New Balance wins record China trademark award
"A Chinese court awarded the US sportswear firm more than 10 million yuan (£1.2m; $1.5m).
"A Chinese court awarded the US sportswear firm more than 10 million yuan (£1.2m; $1.5m).
Lawyers believe it to be the highest award to a foreign company in a trademark dispute in China.
The country has been tightening its laws to tackle the widespread problem of trademark abuse."
China says will tighten controls over intellectual property theft; Reuters, August 24, 2017
Reuters; China says will tighten controls over intellectual property theft
"China will tighten controls over intellectual property to provide better opportunities for foreign firms, the commerce ministry said on Friday.
The government’s crackdown on intellectual property violations will focus on trademark registration abuse and business secret theft, Wang Shouwen, a vice commerce minister told reporters at a press briefing in Beijing, adding that China’s IP protection was “not perfect” as a developing country.
U.S. President Donald Trump this month authorized an inquiry into China’s alleged theft of intellectual property -- the first direct trade measure by his administration against Beijing."
"China will tighten controls over intellectual property to provide better opportunities for foreign firms, the commerce ministry said on Friday.
The government’s crackdown on intellectual property violations will focus on trademark registration abuse and business secret theft, Wang Shouwen, a vice commerce minister told reporters at a press briefing in Beijing, adding that China’s IP protection was “not perfect” as a developing country.
U.S. President Donald Trump this month authorized an inquiry into China’s alleged theft of intellectual property -- the first direct trade measure by his administration against Beijing."
Here’s a test: What’s your copyright IQ?; AZBIGMEDIA, August 24, 2017
Andrew A. Gonzalez, AZBIGMEDIA; Here’s a test: What’s your copyright IQ?
"Dangerous myths about copyright law …
"Dangerous myths about copyright law …
MYTH: If it doesn’t have a copyright notice, it’s not copyrighted.
FALSE. In the USA, almost everything created after April 1989 is copyrighted and protected whether it has a notice or not. The default you should assume for other people’s works is that they are copyrighted and may not be copied unless you know otherwise.
MYTH: It is okay to copy as long as you give proper credit to the author/artist.
FALSE. If you copy an original writing, graphic, song, or other work without permission, you are guilty of copyright infringement. The Digital Millennium Copyright Act [DMCA] restricts access to or distribution of copyrighted material. Violators may be subject to civil and criminal penalties.
MYTH: I goofed and used someone’s graphic on my web page without realizing that it is copyrighted, but I cannot be sued as long as it was an honest mistake.
FALSE. Ignorance of the law is no excuse. Copyright law does not care about your “intent”, only that you have infringed work of another.
MYTH: It is okay to use less than 10% of someone’s work.
FALSE. Although it may be permissible to use limited portions of a work for limited purposes, there is no rule permitting a certain percentage of the work to be reproduced, distributed, performed or translated."
Will TPP-11 Nations Escape the Copyright Trap?; Electronic Frontier Foundation (EFF), August 23, 2017
Jyoti Panday, Electronic Frontier Foundation (EFF); Will TPP-11 Nations Escape the Copyright Trap?
"Latest reports confirm that the Trans-Pacific Partnership (TPP) is being revived. The agreement had been shelved following the withdrawal of the U.S. from the negotiation process. Over the past year, countries eager to keep the pact alive have continued dialogue and rallied support of less enthusiastic members to move forward with the agreement without the U.S. A revised framework is expected to be proposed for approval at the Asia-Pacific Economic Cooperation (APEC) TPP-11 Ministerial Meeting in November.
We had previously reported the remaining eleven nations (TPP-11) had launched a process to assess options and consensus on how the agreement should be brought into force. A recent statement by New Zealand's Prime Minister suggests that countries favor an approach that seeks to replicate TPP provisions with minimal number of changes."
"Latest reports confirm that the Trans-Pacific Partnership (TPP) is being revived. The agreement had been shelved following the withdrawal of the U.S. from the negotiation process. Over the past year, countries eager to keep the pact alive have continued dialogue and rallied support of less enthusiastic members to move forward with the agreement without the U.S. A revised framework is expected to be proposed for approval at the Asia-Pacific Economic Cooperation (APEC) TPP-11 Ministerial Meeting in November.
We had previously reported the remaining eleven nations (TPP-11) had launched a process to assess options and consensus on how the agreement should be brought into force. A recent statement by New Zealand's Prime Minister suggests that countries favor an approach that seeks to replicate TPP provisions with minimal number of changes."
Saturday, August 19, 2017
Microsoft v MikeRoweSoft and Iceland v Iceland: Five of the strangest trademark disputes; Telegraph, August 18, 2017
Sophie Christie, Telegraph; Microsoft v MikeRoweSoft and Iceland v Iceland: Five of the strangest trademark disputes
"Poundland is in the middle of a legal dispute with US food giant Mondelēz over the trademarking of the Toblerone chocolate bar.
The budget retailer has claimed that Toblerone is no longer distinctive enough to be a valid trademark, as it attempts to defend its right to launch its own bar Twin Peaks.
The legal wrangle is one of many brand name battles over trademarks. We take a look at five of the biggest - and most surprising - below."
"Poundland is in the middle of a legal dispute with US food giant Mondelēz over the trademarking of the Toblerone chocolate bar.
The budget retailer has claimed that Toblerone is no longer distinctive enough to be a valid trademark, as it attempts to defend its right to launch its own bar Twin Peaks.
The legal wrangle is one of many brand name battles over trademarks. We take a look at five of the biggest - and most surprising - below."
Thursday, August 17, 2017
With ‘Open Access,’ the Met Museum’s Digital Operation Has a Bona Fide Hit on Its Hands; artnetnews, August 10, 2017
Sarah Cascone, artnetnews; With ‘Open Access,’ the Met Museum’s Digital Operation Has a Bona Fide Hit on Its Hands
"In February, New York’s Metropolitan Museum of Art announced that it was pursuing a new Open Access policy—releasing high-resolution imagery of all its public-domain works (over 375,000 in total). Six months later, the new initiative has had a major impact on sites such as Wikimedia and Creative Commons, and the museum is continuing to branch out. This week, the Met announced a partnership with Google’s data analytics platform, BigQuery.
“During what is just the dawn of this new initiative, the responses so far have been incredible,” wrote Loic Tallon, the museum’s chief digital officer, in a blog post.
The numbers speak for themselves. According to Tallon, the Met’s website has seen a 64 percent increase in image downloads since Open Access was implemented, as well as a 17 percent bump in traffic to the online collection. Users who download photographs are now spending five times as long on the site."
"In February, New York’s Metropolitan Museum of Art announced that it was pursuing a new Open Access policy—releasing high-resolution imagery of all its public-domain works (over 375,000 in total). Six months later, the new initiative has had a major impact on sites such as Wikimedia and Creative Commons, and the museum is continuing to branch out. This week, the Met announced a partnership with Google’s data analytics platform, BigQuery.
“During what is just the dawn of this new initiative, the responses so far have been incredible,” wrote Loic Tallon, the museum’s chief digital officer, in a blog post.
The numbers speak for themselves. According to Tallon, the Met’s website has seen a 64 percent increase in image downloads since Open Access was implemented, as well as a 17 percent bump in traffic to the online collection. Users who download photographs are now spending five times as long on the site."
Augusta National Sues to Stop Auction of Green Jackets; New York Times, August 14, 2017
Associated Press via New York Times; Augusta National Sues to Stop Auction of Green Jackets
"Green Jacket Auctions is in "wrongful possession" of all three jackets and does not hold the legal title to any of them, the lawsuit says.
Additionally, the online sale includes silverware stamped with the trademarked Augusta National map and flag logo. Augusta National does not sell or give away the proprietary silverware, so the only way someone could get it is to steal it from the golf club, meaning the silverware listed in the sale is either stolen or counterfeit, the lawsuit says.
Green Jacket Auctions is also selling a belt buckle with the trademarked map and flag logo, an item that was never approved by, licensed by or developed on behalf of Augusta National, the lawsuit says.
Green Jacket Auctions' "marketing efforts are clearly intended to draw upon the valuable reference to the Augusta National Golf Club and the extensive secondary meaning associated with (Augusta National Inc.'s) Marks, and ability of consumers searching those trademark names to land on the offending website," the lawsuit says.
The lawsuit asks a judge to order Green Jacket Auctions not to use Augusta National trademarks and not to deceptively or unfairly compete with Augusta National. It also asks that the jackets and silverware be returned to Augusta National and the belt buckle destroyed. Augusta National also asks for damages and legal fees."
"Green Jacket Auctions is in "wrongful possession" of all three jackets and does not hold the legal title to any of them, the lawsuit says.
Additionally, the online sale includes silverware stamped with the trademarked Augusta National map and flag logo. Augusta National does not sell or give away the proprietary silverware, so the only way someone could get it is to steal it from the golf club, meaning the silverware listed in the sale is either stolen or counterfeit, the lawsuit says.
Green Jacket Auctions is also selling a belt buckle with the trademarked map and flag logo, an item that was never approved by, licensed by or developed on behalf of Augusta National, the lawsuit says.
Green Jacket Auctions' "marketing efforts are clearly intended to draw upon the valuable reference to the Augusta National Golf Club and the extensive secondary meaning associated with (Augusta National Inc.'s) Marks, and ability of consumers searching those trademark names to land on the offending website," the lawsuit says.
The lawsuit asks a judge to order Green Jacket Auctions not to use Augusta National trademarks and not to deceptively or unfairly compete with Augusta National. It also asks that the jackets and silverware be returned to Augusta National and the belt buckle destroyed. Augusta National also asks for damages and legal fees."
Toblerone shape not distinctive enough for trademark, Poundland claims; Guardian, August 17, 2017
Sarah Butler, Guardian; Toblerone shape not distinctive enough for trademark, Poundland claims
"Poundland has claimed Toblerone’s shape is no longer distinctive enough to be a valid trademark, in legal documents defending its right to launch a copycat bar.
Last month, the budget chain was forced to delay the launch of its Twin Peaks bar, which has two humps rather than the single peaks of Toblerone, after a legal warning from the brand’s owner, a Swiss division of Mondelēz...
Toblerone is one of Poundland’s most popular products, with 11m bars sold last year. But the retailer says it decided to bring out Twin Peaks “in response to the unfavourable reception” that greeted Toblerone’s new version with fewer chunks, launched last year."
"Poundland has claimed Toblerone’s shape is no longer distinctive enough to be a valid trademark, in legal documents defending its right to launch a copycat bar.
Last month, the budget chain was forced to delay the launch of its Twin Peaks bar, which has two humps rather than the single peaks of Toblerone, after a legal warning from the brand’s owner, a Swiss division of Mondelēz...
Toblerone is one of Poundland’s most popular products, with 11m bars sold last year. But the retailer says it decided to bring out Twin Peaks “in response to the unfavourable reception” that greeted Toblerone’s new version with fewer chunks, launched last year."
Isle of Man: Protecting Your Ideas: Intellectual Property Rights In The Isle of Man; Mondaq, August 17, 2017
Adam Kelly, Mondaq; Isle of Man: Protecting Your Ideas: Intellectual Property Rights In The Isle of Man
"Types of IP Protection
The type of protection you can get depends on what you've created.
1. Automatic Protection
Copyright and database rights: Writing and literary works, art, photography, films, TV, music, web content, sound recordings and computer programs
"Types of IP Protection
The type of protection you can get depends on what you've created.
1. Automatic Protection
Copyright and database rights: Writing and literary works, art, photography, films, TV, music, web content, sound recordings and computer programs
Design right: Shapes of manufactured objects.
These rights arise automatically and the duration of copyright depends on the subject matter.
2. Protection you have to apply for
Patents: Inventions and products, eg machines and machine parts, tools, medicines.
Registered designs: Appearance of a product including, shape, packaging, patterns, colours, decoration.
Trade marks: Product names, logos, jingles.
These types of IP can be expensive and may take time depending on complexity. However, their importance should not be overlooked."
Wednesday, August 16, 2017
App iTrump wins trademark fight against Trump Organization; BBC, August 16, 2017
BBC; App iTrump wins trademark fight against Trump Organization
"The creator of iTrump first clashed with the Trump Organization in January 2011, when the billionaire's lawyers alleged the trumpet simulator's name falsely suggested a link to the tycoon.
"The creator of iTrump first clashed with the Trump Organization in January 2011, when the billionaire's lawyers alleged the trumpet simulator's name falsely suggested a link to the tycoon.
After defeating this claim, the developer then went on the attack.
And this resulted in the company losing a key trademark of its own last week.
On 11 August, the US Trademark Trial and Appeal Board cancelled the New York-headquartered company's exclusive right to use "Trump" in relation to entertainment services, including reality TV shows.
The ruling followed earlier victories by San Francisco-based Tom Scharfeld, in which he prevented the Trump Organization from owning the exclusive right to use "Trump" in connection with computer games, golf-related mobile apps and music streaming."
"My Lawyer Wasn't Sure Who To Sue"; Pearls Before Swine, August 16, 2017
Stephan Pastis, Pearls Before Swine, Go Comics; "My Lawyer Wasn't Sure Who To Sue"
Tuesday, August 15, 2017
If an AI creates a work of art, who owns the rights to it?; Quartz, August 15, 2017
Robert Hart, Quartz; If an AI creates a work of art, who owns the rights to it?
"Without developing some form of framework recognizing AIs as legal persons, just as monkeys are not, we cannot award an AI copyright. “And we’re a long way from that moment, if we’ll ever get there,” Bridy says. The most likely near-term solution would be to award copyright to the owners of the AI itself, which would be similar to how employers automatically own the work their employees produce."
"Without developing some form of framework recognizing AIs as legal persons, just as monkeys are not, we cannot award an AI copyright. “And we’re a long way from that moment, if we’ll ever get there,” Bridy says. The most likely near-term solution would be to award copyright to the owners of the AI itself, which would be similar to how employers automatically own the work their employees produce."
Niwot-based Crocs may lose claim to iconic clog following patent ruling; Daily Camera, August 14, 2017
Shay Castle, Daily Camera; Niwot-based Crocs may lose claim to iconic clog following patent ruling
"The USPTO ruled Crocs patent D517789 invalid, Footwear News first reported. A similar design was published more than one year before Crocs' application, the agency found.
Crocs has been involved in litigation over alleged ripoffs for more than a decade. The company sued 11 other shoemakers in 2006. Most were dismissed. USA Dawgs, added to the suit in 2012, celebrated the most recent decision by federal authorities...
Patent 789 has been ruled invalid twice before. The current ruling is considered final, but Crocs can appeal to the Federal Circuit courts if attempts to overturn the ruling through the PTAB are unsuccessful."
"The USPTO ruled Crocs patent D517789 invalid, Footwear News first reported. A similar design was published more than one year before Crocs' application, the agency found.
Crocs has been involved in litigation over alleged ripoffs for more than a decade. The company sued 11 other shoemakers in 2006. Most were dismissed. USA Dawgs, added to the suit in 2012, celebrated the most recent decision by federal authorities...
Patent 789 has been ruled invalid twice before. The current ruling is considered final, but Crocs can appeal to the Federal Circuit courts if attempts to overturn the ruling through the PTAB are unsuccessful."
Costco made $3.7 million selling ‘Tiffany’ rings. Now it must pay $19 million to the real Tiffany.; Washington Post, August 15, 2017
Travis M. Andrews, Washington Post; Costco made $3.7 million selling ‘Tiffany’ rings. Now it must pay $19 million to the real Tiffany.
"Instead, Costco argued that “Tiffany” is a commonly used, generic term to describe a particular type of ring setting.
Tiffany was founded in 1837 and quickly became one of the world’s leading jewelers. One of its early achievements was inventing a new type of ring setting in 1886. In an attempt to show more of the gem, it set the stone in a metal claw extending from the ring’s band. Before this, diamonds were set in a full shallow cup of metal, obscuring most of the stone, according to Forbes.
The setting was extremely successful and immediately attracted imitators. By now, as Forbes wrote, “the term ‘Tiffany setting’ has reached Kleenex status — it’s now used colloquially throughout the jewelry industry to describe any multi-pronged solitaire setting, Tiffany or no.”
Swain wrote Costco “provided credible evidence” of the practice of using the terms “Tiffany setting” and “Tiffany style” generically throughout the jewelry industry.
The problem is Costco only used the word “Tiffany” when describing the rings in its signage, suggesting they were made by the jeweler rather than an imitation of its famous design."
"Instead, Costco argued that “Tiffany” is a commonly used, generic term to describe a particular type of ring setting.
Tiffany was founded in 1837 and quickly became one of the world’s leading jewelers. One of its early achievements was inventing a new type of ring setting in 1886. In an attempt to show more of the gem, it set the stone in a metal claw extending from the ring’s band. Before this, diamonds were set in a full shallow cup of metal, obscuring most of the stone, according to Forbes.
The setting was extremely successful and immediately attracted imitators. By now, as Forbes wrote, “the term ‘Tiffany setting’ has reached Kleenex status — it’s now used colloquially throughout the jewelry industry to describe any multi-pronged solitaire setting, Tiffany or no.”
Swain wrote Costco “provided credible evidence” of the practice of using the terms “Tiffany setting” and “Tiffany style” generically throughout the jewelry industry.
The problem is Costco only used the word “Tiffany” when describing the rings in its signage, suggesting they were made by the jeweler rather than an imitation of its famous design."
China’s Intellectual Property Theft Must Stop; New York Times, August 15, 2017
Dennis C. Blair and Keith Alexander, New York Times; China’s Intellectual Property Theft Must Stop
"Perhaps most concerning, China has targeted the American defense industrial base. Chinese spies have gone after private defense contractors and subcontractors, national laboratories, public research universities, think tanks and the American government itself. Chinese agents have gone after the United States’ most significant weapons, such as the F-35 Lightning, the Aegis Combat System and the Patriot missile system; illegally exported unmanned underwater vehicles and thermal-imaging cameras; and stolen documents related to the B-52 bomber, the Delta IV rocket, the F-15 fighter and even the Space Shuttle.
President Trump’s action on Monday acknowledges the broad scope of the challenge. Central to Chinese cybersecurity law is the “secure and controllable” standard, which, in the name of protecting software and data, forces companies operating in China to disclose critical intellectual property to the government and requires that they store data locally. Even before this Chinese legislation, some three-quarters of Chinese imported software was pirated. Now, despite the law, American companies may be even more vulnerable."
"Perhaps most concerning, China has targeted the American defense industrial base. Chinese spies have gone after private defense contractors and subcontractors, national laboratories, public research universities, think tanks and the American government itself. Chinese agents have gone after the United States’ most significant weapons, such as the F-35 Lightning, the Aegis Combat System and the Patriot missile system; illegally exported unmanned underwater vehicles and thermal-imaging cameras; and stolen documents related to the B-52 bomber, the Delta IV rocket, the F-15 fighter and even the Space Shuttle.
President Trump’s action on Monday acknowledges the broad scope of the challenge. Central to Chinese cybersecurity law is the “secure and controllable” standard, which, in the name of protecting software and data, forces companies operating in China to disclose critical intellectual property to the government and requires that they store data locally. Even before this Chinese legislation, some three-quarters of Chinese imported software was pirated. Now, despite the law, American companies may be even more vulnerable."
Trump administration goes after China over intellectual property, advanced technology; Washington Post, August 14, 2017
Ana Swanson, Washington Post; Trump administration goes after China over intellectual property, advanced technology
"President Trump signed an executive memorandum Monday afternoon that will likely trigger an President Trump signed an executive memorandum Monday afternoon that will likely trigger an investigation into China’s alleged theft of U.S. intellectual property, a measure that could eventually result in a wide range of penalties as the administration seeks a new way to deal with what it calls Chinese violations of the rules of international trade.
“The theft of intellectual property by foreign countries costs our nation millions of jobs and billions and billions of dollars each and every year,” Trump said, as he signed the memo surrounded by trade advisers and company executives. “For too long, this wealth has been drained from our country while Washington has done nothing... But Washington will turn a blind eye no longer.”
Officials said the memorandum would direct their top trade negotiator, U.S. Trade Representative Robert E. Lighthizer, to determine whether to launch an investigation. The inquiry would give the president broad authority to retaliate if it finds that China is compromising U.S. intellectual property. U.S. intellectual property, a measure that could eventually result in a wide range of penalties as the administration seeks a new way to deal with what it calls Chinese violations of the rules of international trade."
"President Trump signed an executive memorandum Monday afternoon that will likely trigger an President Trump signed an executive memorandum Monday afternoon that will likely trigger an investigation into China’s alleged theft of U.S. intellectual property, a measure that could eventually result in a wide range of penalties as the administration seeks a new way to deal with what it calls Chinese violations of the rules of international trade.
“The theft of intellectual property by foreign countries costs our nation millions of jobs and billions and billions of dollars each and every year,” Trump said, as he signed the memo surrounded by trade advisers and company executives. “For too long, this wealth has been drained from our country while Washington has done nothing... But Washington will turn a blind eye no longer.”
Officials said the memorandum would direct their top trade negotiator, U.S. Trade Representative Robert E. Lighthizer, to determine whether to launch an investigation. The inquiry would give the president broad authority to retaliate if it finds that China is compromising U.S. intellectual property. U.S. intellectual property, a measure that could eventually result in a wide range of penalties as the administration seeks a new way to deal with what it calls Chinese violations of the rules of international trade."
Monday, August 14, 2017
Do I need an overseas trademark?; Lexology, August 14, 2017
HopgoodGanim, Lexology; Do I need an overseas trademark?
"There is no such thing as an “international” registered trademark. Trademarks are registered on a jurisdiction by jurisdiction basis.
However, there are ways in which you can quickly and cost-effectively file in multiple jurisdictions at the same time, which we discuss further below.
If you are selling or promoting goods or services in another country (or indirectly, by distributors or agents), then it is advisable to apply to register a trademark in that overseas country. Otherwise, you risk losing your rights to your brand in that country or potentially infringing another’s registered trademark...
"There is no such thing as an “international” registered trademark. Trademarks are registered on a jurisdiction by jurisdiction basis.
However, there are ways in which you can quickly and cost-effectively file in multiple jurisdictions at the same time, which we discuss further below.
If you are selling or promoting goods or services in another country (or indirectly, by distributors or agents), then it is advisable to apply to register a trademark in that overseas country. Otherwise, you risk losing your rights to your brand in that country or potentially infringing another’s registered trademark...
How can I register my trademark overseas?
There are two ways a business owner can register a trademark overseas:
- apply directly for registration in the country that the business owner wishes their trademark to have effect; and
- apply pursuant to the Madrid Protocol."
Gucci sues Forever 21 for trademark infringement; CBS News, August 10, 2017
CBS News; Gucci sues Forever 21 for trademark infringement
"International fashion house Gucci has been sending its iconic stripes down the runway for more than half a century in blue-red-blue and green-red-green.
But they're not alone, reports CBS News' Dana Jacobson. Similar designs with similar stripes are being sold by Forever 21. Now Gucci is suing the fast-fashion retailer for trademark infringement.
"Gucci is really having a moment and driving a lot of sales with these stripes," said Susan Scafidi, director of the Fashion Law Institute at Fordham University.
"How can you actually trademark stripes?" Jacobson asked.
"When consumers recognize a certain striped pattern, whether it's Gucci's green, red, green, or Adidas' three-striped mark, then we give those companies recognition that those marks belong to those companies," Scafidi said."
"International fashion house Gucci has been sending its iconic stripes down the runway for more than half a century in blue-red-blue and green-red-green.
But they're not alone, reports CBS News' Dana Jacobson. Similar designs with similar stripes are being sold by Forever 21. Now Gucci is suing the fast-fashion retailer for trademark infringement.
"Gucci is really having a moment and driving a lot of sales with these stripes," said Susan Scafidi, director of the Fashion Law Institute at Fordham University.
"How can you actually trademark stripes?" Jacobson asked.
"When consumers recognize a certain striped pattern, whether it's Gucci's green, red, green, or Adidas' three-striped mark, then we give those companies recognition that those marks belong to those companies," Scafidi said."
Two Phillies had their nickname jerseys denied because of copyright issue; CSNPhilly.com, August 11, 2017
Josh Ellis, CSNPhilly.com; Two Phillies had their nickname jerseys denied because of copyright issue
[Kip Currier: Trademark law is the issue with the nicknames; not copyright law.]
"According to Matt Breen of Philly.com, two players, Zach Eflin and Hoby Milner had their nickname requests denied due to trouble with copyrights. Eflin was hoping to be known as “Led Zeflin” and Milner wanted to use the Force as “Hoby Wan Kenobi.”
[Kip Currier: Trademark law is the issue with the nicknames; not copyright law.]
"According to Matt Breen of Philly.com, two players, Zach Eflin and Hoby Milner had their nickname requests denied due to trouble with copyrights. Eflin was hoping to be known as “Led Zeflin” and Milner wanted to use the Force as “Hoby Wan Kenobi.”
Neither player was listed on the Phillies.com article displaying the nicknames the players on the team selected."
How Did ‘Copyright Piracy’ Language Get Into ESSA, the K-12 Law?; EdWeek Market Brief, August 11, 2017
Sean Cavanagh, EDWeek Market Brief; How Did ‘Copyright Piracy’ Language Get Into ESSA, the K-12 Law?
"The Every Student Succeeds Act is meant to accomplish many things. Hold schools accountable for more than test scores. Unleash new strategies to fix struggling schools. Offer new, more flexible funding to districts.
But language included in the sweeping, 400-page-plus law also lays out another, less expected goal: informing students and parents about “the harms of copyright piracy.”
Wording that urges school officials and parents to explain the importance of preventing the illicit use of copyrighted material is improbably found in a couple sections of the law, alongside more predictable school policy language on literacy, professional development, and student achievement.
Which raises the obvious question: How did it get in there?"
"The Every Student Succeeds Act is meant to accomplish many things. Hold schools accountable for more than test scores. Unleash new strategies to fix struggling schools. Offer new, more flexible funding to districts.
But language included in the sweeping, 400-page-plus law also lays out another, less expected goal: informing students and parents about “the harms of copyright piracy.”
Wording that urges school officials and parents to explain the importance of preventing the illicit use of copyrighted material is improbably found in a couple sections of the law, alongside more predictable school policy language on literacy, professional development, and student achievement.
Which raises the obvious question: How did it get in there?"
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