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Thursday, March 15, 2018
4/19/18 Mark T. Banner Award Luncheon at 33rd Annual Intellectual Property Law Conference
Harper Lee’s Estate Sues Over Broadway Version of ‘Mockingbird’; New York Times, March 14, 2018
Alexandra Alter and Michael Paulson, New York Times; Harper Lee’s Estate Sues Over Broadway Version of ‘Mockingbird’
"The move to assert more control over the play is perhaps a sign of how Ms. Carter views her role as a guardian of Ms. Lee’s legacy. In her final years, Ms. Lee went to court to protect her intellectual property, and sued a museum in her hometown, Monroeville, in 2013, arguing that it had infringed on Ms. Lee’s trademark by selling “Mockingbird” themed T-shirts and trinkets (the suit was settled in 2014).
Mr. Rudin alluded to that lawsuit in a statement that said the “estate has an unfortunate history of litigious behavior and of both filing and being the recipient of numerous lawsuits, and has been the subject of considerable controversy based on the perceptions surrounding its handling of the work of Harper Lee both before and after her death.”"
"The move to assert more control over the play is perhaps a sign of how Ms. Carter views her role as a guardian of Ms. Lee’s legacy. In her final years, Ms. Lee went to court to protect her intellectual property, and sued a museum in her hometown, Monroeville, in 2013, arguing that it had infringed on Ms. Lee’s trademark by selling “Mockingbird” themed T-shirts and trinkets (the suit was settled in 2014).
Mr. Rudin alluded to that lawsuit in a statement that said the “estate has an unfortunate history of litigious behavior and of both filing and being the recipient of numerous lawsuits, and has been the subject of considerable controversy based on the perceptions surrounding its handling of the work of Harper Lee both before and after her death.”"
Wednesday, March 7, 2018
Why the roots of patent trolling may be in the patent office; Ars Technica, March 5, 2018
Timothy B. Lee, Ars Technica; Why the roots of patent trolling may be in the patent office
"In recent years, American companies have faced a growing threat from patent assertion entities derisively called "patent trolls." These often shadowy firms make money by threatening patent lawsuits rather than creating useful products. A recent study suggests that the roots of the patent trolling problem may lie with the US Patent and Trademark office—specifically with patent examiners who fail to thoroughly vet patent applications before approving them...
"In recent years, American companies have faced a growing threat from patent assertion entities derisively called "patent trolls." These often shadowy firms make money by threatening patent lawsuits rather than creating useful products. A recent study suggests that the roots of the patent trolling problem may lie with the US Patent and Trademark office—specifically with patent examiners who fail to thoroughly vet patent applications before approving them...
The study reinforces earlier research suggesting that the country's problems with low-quality patents and rampant patent litigation is driven by inadequate scrutiny of patents by patent examiners. It suggests that giving patent examiners better training and more time to scrutinize each patent could improve patent quality and bring down frivolous patent litigation over time."
ABA Webinar: Thursday, March 8, 2018
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IBM settles legal dispute with diversity officer hired by Microsoft; IBM, March 5, 2018
Jan Wolfe, Reuters; IBM settles legal dispute with diversity officer hired by Microsoft
"International Business Machines Corp on Monday said it settled a trade secrets lawsuit it brought against its former chief diversity officer who left for a similar job at Microsoft Corp.
The settlement allows Lindsay-Rae McIntyre to begin working at Microsoft in July."
"International Business Machines Corp on Monday said it settled a trade secrets lawsuit it brought against its former chief diversity officer who left for a similar job at Microsoft Corp.
The settlement allows Lindsay-Rae McIntyre to begin working at Microsoft in July."
Tuesday, March 6, 2018
Pepe the Frog Artist Suing InfoWars for Copyright Infringement; Comic Book Resources, March 6, 2018
Kirsten Thompson, Comic Book Resources; Pepe the Frog Artist Suing InfoWars for Copyright Infringement
"The lawsuit specifically cites a poster that pictures Pepe in the company of President Donald Trump, InfoWars founder Alex Jones, Ann Coulter, Roger Stone, Matt Drudge and Milo Yiannopoulous (among others) and the text “MAGA,” which refers to Trump’s presidential campaign slogan. Furie claims that InfoWars is selling this poster in its online store, though he did not authorize such use of the character.
The complaint can be read here in its entirety."
"The lawsuit specifically cites a poster that pictures Pepe in the company of President Donald Trump, InfoWars founder Alex Jones, Ann Coulter, Roger Stone, Matt Drudge and Milo Yiannopoulous (among others) and the text “MAGA,” which refers to Trump’s presidential campaign slogan. Furie claims that InfoWars is selling this poster in its online store, though he did not authorize such use of the character.
The complaint can be read here in its entirety."
2018 National Inventors Hall of Fame Inductees announced; Dept. of Commerce Blog, March 2018
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WHAT IF ‘STAR TREK’ WERE FREE? HOW THE STORIED SCI-FI FRANCHISE COULD INSPIRE COPYRIGHT REFORM; Newsweek, March 5, 2018
Andrew Whalen, Newsweek;
"CBS and Paramount are unlikely to see things the same way. While Star Trek: Discovery press releases trumpet the “ideology and hope for the future that inspired a generation of dreamers and doers,” plans for streaming market domination depend upon exclusivity. The metaphor equating artistic expression and property has become so ingrained that companies regularly reduce their consumers to provisional licensees, subject to whatever controls the copyright holder decides upon, even long after the point of purchase.
“Star Trek stands on the shoulders of giants. It exists because they plundered some of the most interesting stories and memes of science fiction, just as all science fiction writers do, to tell their own story. And to argue that when they did it that was the legitimate progress of art and whenever anyone else does it, it's theft, is pretty self-serving and kind of obviously bullshit,” Doctorow said. “It's a ridiculous thing for a law to ban something that ancient and fundamental to how we experience art.”
Countering the monopoly exercised by copyright holders will require a broader social realignment, under which people come to understand art as a shared cultural endowment, rather than product—a mindset beyond capital."
WHAT IF ‘STAR TREK’ WERE FREE? HOW THE STORIED SCI-FI FRANCHISE COULD INSPIRE COPYRIGHT REFORM
"CBS and Paramount are unlikely to see things the same way. While Star Trek: Discovery press releases trumpet the “ideology and hope for the future that inspired a generation of dreamers and doers,” plans for streaming market domination depend upon exclusivity. The metaphor equating artistic expression and property has become so ingrained that companies regularly reduce their consumers to provisional licensees, subject to whatever controls the copyright holder decides upon, even long after the point of purchase.
“Star Trek stands on the shoulders of giants. It exists because they plundered some of the most interesting stories and memes of science fiction, just as all science fiction writers do, to tell their own story. And to argue that when they did it that was the legitimate progress of art and whenever anyone else does it, it's theft, is pretty self-serving and kind of obviously bullshit,” Doctorow said. “It's a ridiculous thing for a law to ban something that ancient and fundamental to how we experience art.”
Countering the monopoly exercised by copyright holders will require a broader social realignment, under which people come to understand art as a shared cultural endowment, rather than product—a mindset beyond capital."
Manhattan teen cartoonist prompts review of Scholastic awards’ copyright rules; amNewYork, March 5, 2018
Nicole Brown, amNewYork; Manhattan teen cartoonist prompts review of Scholastic awards’ copyright rules
"“How come the @Scholastic @artandwriting award requires kids to sign over ‘irrevocable copyright’ if they win?! And why is it hidden in the ‘Terms & Conditions’ link that no one reads? Is it weird that I think that’s wrong?” [Sasha Matthews] wrote in December...
...[T]he ability to display the work could be granted through a license, Harvard law professor Lawrence Lessig said.
“Once you enter into a license to promote the work, you have all the permissions you need,” he told amNewYork. “That’s exactly what they could have done here, but rather than entering a license, they just grabbed the copyright.”
Matthews wrote about the copyright issue for a school assignment and got it published in February on the blog Boing Boing."
"“How come the @Scholastic @artandwriting award requires kids to sign over ‘irrevocable copyright’ if they win?! And why is it hidden in the ‘Terms & Conditions’ link that no one reads? Is it weird that I think that’s wrong?” [Sasha Matthews] wrote in December...
...[T]he ability to display the work could be granted through a license, Harvard law professor Lawrence Lessig said.
“Once you enter into a license to promote the work, you have all the permissions you need,” he told amNewYork. “That’s exactly what they could have done here, but rather than entering a license, they just grabbed the copyright.”
Matthews wrote about the copyright issue for a school assignment and got it published in February on the blog Boing Boing."
Monday, March 5, 2018
Intellectual Property Enforcement and Litigation in China; American Bar Association (ABA) webinar, Thursday, March 8, 2018
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The need to protect intellectual property in China is a concern that all brand owners, innovators, content creators, and artists should take into consideration. Join IP attorney Scott Palmer as he advises companies and in-house attorneys on protecting and enforcing intellectual property, and taking advantage of recent developments in China.
Our distinguished panelist will discuss:
- Recent developments of note in the IPR space
- Establishing and perfecting your rights in China
- Selecting the best course of action—administrative, judicial, and/or criminal recourse
- Warning letters and negotiating with infringers
- Obtaining injunctions and claiming monetary damages through litigation
- Evidence issues, procedural peculiarities, and best practices for litigating IPRs in China
- Customs and border control protection
Adidas Prevails in ‘Three Stripes’ Trademark Case; Reuters via New York Times, March 1, 2018
Reuters via New York Times; Adidas Prevails in ‘Three Stripes’ Trademark Case
"A European court has sided with the German sporting goods maker Adidas on Thursday in its long-running attempt to block two trademarks for parallel stripes on shoes filed by a Belgian footwear company, saying they infringed on its own iconic three-stripe design."
"A European court has sided with the German sporting goods maker Adidas on Thursday in its long-running attempt to block two trademarks for parallel stripes on shoes filed by a Belgian footwear company, saying they infringed on its own iconic three-stripe design."
Are Open Data Efforts Working?; Government Technology, March 2018
Adam Stone, Government Technology; Are Open Data Efforts Working?
"Data managers say that in their fondest dreams, they’ll do more than count data sets and track clicks. They are looking for metrics that connect open data to social outcomes.
Are babies healthier because of open data? Are streets safer? That’s the holy grail of open data metrics, and data chiefs from cities large and small agree that we’re not there yet. In these still-early days of open data, there’s no algorithm that will cleanly and clearly describe the impact of open data on society at large.
“There needs to be more conversation at the national level about how to measure success, especially on the public side,” Roche said. “Maybe there needs to be a standard set of metrics across cities to let us benchmark the use of open data. It’s something we all need to be exploring.”"
"Data managers say that in their fondest dreams, they’ll do more than count data sets and track clicks. They are looking for metrics that connect open data to social outcomes.
Are babies healthier because of open data? Are streets safer? That’s the holy grail of open data metrics, and data chiefs from cities large and small agree that we’re not there yet. In these still-early days of open data, there’s no algorithm that will cleanly and clearly describe the impact of open data on society at large.
“There needs to be more conversation at the national level about how to measure success, especially on the public side,” Roche said. “Maybe there needs to be a standard set of metrics across cities to let us benchmark the use of open data. It’s something we all need to be exploring.”"
Elon Musk quits AI ethics research group; BBC, February 22, 2018
BBC; Elon Musk quits AI ethics research group
"Technology billionaire Elon Musk has quit the board of the research group he co-founded to look into the ethics of artificial intelligence.
In a blog post, OpenAI said the decision had been taken to avoid any conflict of interest as Mr Musk's electric car company, Tesla, became "more focused on AI".
He has been one of AI's most vocal critics, stressing the potential harms."
"Technology billionaire Elon Musk has quit the board of the research group he co-founded to look into the ethics of artificial intelligence.
In a blog post, OpenAI said the decision had been taken to avoid any conflict of interest as Mr Musk's electric car company, Tesla, became "more focused on AI".
He has been one of AI's most vocal critics, stressing the potential harms."
Sunday, March 4, 2018
How to Protect Your Intellectual Property; Entreprenur, March 2, 2018
Jessica Abo, Entrepreneur; How to Protect Your Intellectual Property
"If you’re just starting your business, it’s important to protect your assets. Jessica Abosat down with Scott Sisun of Sisun Law to help you understand what marks you need and how to protect them."
"If you’re just starting your business, it’s important to protect your assets. Jessica Abosat down with Scott Sisun of Sisun Law to help you understand what marks you need and how to protect them."
Forget tariffs, China's alleged intellectual property theft a bigger threat to market: Analyst; CNBC, March 2, 2018
Ingrid Angulo, CNBC; Forget tariffs, China's alleged intellectual property theft a bigger threat to market: Analyst
"Trump has said in the past that he's considering a big fine as part of the probe into China's alleged theft.
While Trump did not specify what he meant by a "fine" against China, the 1974 trade law that authorized an investigation into China's alleged theft of U.S. intellectual property allows him to impose retaliatory tariffs on Chinese goods or other trade sanctions until China changes its policies.
If the Chinese are found guilty, [chief investment strategist at ClearBridge Investments Jeffrey] Schulze fears that the nation will retaliate."
"Trump has said in the past that he's considering a big fine as part of the probe into China's alleged theft.
While Trump did not specify what he meant by a "fine" against China, the 1974 trade law that authorized an investigation into China's alleged theft of U.S. intellectual property allows him to impose retaliatory tariffs on Chinese goods or other trade sanctions until China changes its policies.
If the Chinese are found guilty, [chief investment strategist at ClearBridge Investments Jeffrey] Schulze fears that the nation will retaliate."
China has shot far ahead of the US on deep-learning patents; Quartz, March 2, 2018
Echo Huang, Quartz; China has shot far ahead of the US on deep-learning patents
"China is outdoing the US in some kinds of AI-related intellectual property, according to a report published in mid-February by US business research firm CB Insights. The number of patents with the words “artificial intelligence” and “deep learning” published in China has grown faster than those published in the US, particularly in 2017, the firm found. Publication is a step that comes after applications are filed but before a patent is granted. The firm looked at data from the European patent office.
When it comes to deep learning—an advanced subset of machine learning, which uses algorithms to identify complex patterns in large amounts of data—China has six times more patent publications than the US, noted the report (pdf, p.7)...
...[W]hen it comes to patents using the term “machine learning,” often conflated with the term AI, China still lags behind. Searching patents for “machine learning” found the US had 882 related patent publications while China had 77 in 2017."
"China is outdoing the US in some kinds of AI-related intellectual property, according to a report published in mid-February by US business research firm CB Insights. The number of patents with the words “artificial intelligence” and “deep learning” published in China has grown faster than those published in the US, particularly in 2017, the firm found. Publication is a step that comes after applications are filed but before a patent is granted. The firm looked at data from the European patent office.
When it comes to deep learning—an advanced subset of machine learning, which uses algorithms to identify complex patterns in large amounts of data—China has six times more patent publications than the US, noted the report (pdf, p.7)...
...[W]hen it comes to patents using the term “machine learning,” often conflated with the term AI, China still lags behind. Searching patents for “machine learning” found the US had 882 related patent publications while China had 77 in 2017."
Thursday, March 1, 2018
Professor Tells UN, Governments Of Coming “Tsunami” Of Data And Artificial Intelligence; Intellectual Property Watch, February 21, 2018
William New, Intellectual Property Watch; Professor Tells UN, Governments Of Coming “Tsunami” Of Data And Artificial Intelligence
"[Prof. Shmuel (Mooly) Eden of the University of Haifa, Israel] said this fourth revolution in human history is made up of four factors. First, computing power is at levels that were unimaginable. This power is what makes artificial intelligence now possible. The smartphone in your hand has 1,000 times the components of the first rocket to the moon, he said, which led to a chorus of “wows” from the audience.
Second is big data. Every time you speak on the phone or go on the internet, someone records it, he said. The amount of data is unlimited. Eden said he would be surprised if we use 2 percent of the data we generate, but in the future “we will.”
Third is artificial intelligence (AI). No one could analyse all of that data, so AI came into play.
Fourth is robots. He noted that they don’t always look like human forms. Most robots are just software doing some function...
Eden ended by quoting a hero of his, former Israeli Prime Minister Shimon Peres, who told him: “Technology without ethics is evil. Ethics without technology is poverty. That’s why we have to combine the two.”
"[Prof. Shmuel (Mooly) Eden of the University of Haifa, Israel] said this fourth revolution in human history is made up of four factors. First, computing power is at levels that were unimaginable. This power is what makes artificial intelligence now possible. The smartphone in your hand has 1,000 times the components of the first rocket to the moon, he said, which led to a chorus of “wows” from the audience.
Second is big data. Every time you speak on the phone or go on the internet, someone records it, he said. The amount of data is unlimited. Eden said he would be surprised if we use 2 percent of the data we generate, but in the future “we will.”
Third is artificial intelligence (AI). No one could analyse all of that data, so AI came into play.
Fourth is robots. He noted that they don’t always look like human forms. Most robots are just software doing some function...
Eden ended by quoting a hero of his, former Israeli Prime Minister Shimon Peres, who told him: “Technology without ethics is evil. Ethics without technology is poverty. That’s why we have to combine the two.”
Eden challenged the governments, the UN and all others to think about how to address this rapid change and come up with ideas.
He challenged the governments, the UN and all others to think about how to address this rapid change and come up with ideas. Exponentially."
Monday, February 26, 2018
Dannon Defector to Chobani Ignites Yogurt Trade Secrets Battle; Bloomberg Business, February 21, 2018
Bloomberg Business; Dannon Defector to Chobani Ignites Yogurt Trade Secrets Battle
"Federico Muyshondt is accused of stealing details of Dannon’s business strategies, plans for future products and customer lists before resigning in January to take a position with Chobani, according to a complaint filed Wednesday in federal court in White Plains, New York.
The suit illustrates how competitive the yogurt business has become and highlights the proliferation in the corporate world of non-compete clauses in workers’ contracts that restrain them from going to work for rival employers. Just last week, International Business Machines Corp. called foul on Microsoft Corp.’s hiring of its former chief diversity officer in a case that elevated the recruiting and promotion of a diverse workforce to the level of protecting proprietary technology."
The suit illustrates how competitive the yogurt business has become and highlights the proliferation in the corporate world of non-compete clauses in workers’ contracts that restrain them from going to work for rival employers. Just last week, International Business Machines Corp. called foul on Microsoft Corp.’s hiring of its former chief diversity officer in a case that elevated the recruiting and promotion of a diverse workforce to the level of protecting proprietary technology."
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