USPTO Designates Durango, Colorado Public Library a Patent and Trademark Resource Center; Press Release, U.S. Patent and Trademark Office (USPTO), May 15, 2018

Press Release, U.S. Patent and Trademark Office (USPTO); USPTO Designates Durango, Colorado Public Library a Patent and Trademark Resource Center

"The United States Patent and Trademark Office (USPTO) today announced the grand opening of the newest Patent and Trademark Resource Center (PTRC) at the Durango Public Library in Durango, Colorado on Tuesday May 22, 2018. A free public program

(link is external), “Researching Patent and Trademark Information: Essential Information You Need to Protect Your Intellectual Property” will be presented.

The Durango Public Library will be the second PTRC in the State of Colorado. It will serve residents in southwestern Colorado and northern New Mexico. The Durango Public Library is in the Four Corners region of Colorado, which includes the Ute Mountain Ute and Southern Ute Nations. The library will support entrepreneurs throughout the region seeking patent and trademark protection for their intellectual property. USPTO-trained librarians will assist patrons using the agency’s patent and trademark databases.

PTRCs are a nationwide network of public, state, and academic libraries that provide free services, including assistance in accessing patent and trademark documents, help in using USPTO databases, and aid in identifying resources on the USPTO website. They support inventors, intellectual property attorneys and agents, business people, researchers, entrepreneurs, students, historians, and members of the public unable to visit USPTO campuses. PTRCs also host public seminars on IP topics for novice and experienced innovators.

The PTRC Program began in 1871 when federal law first provided for the distribution of printed patents to public libraries. The addition of the Durango Public Library to the PTRC network makes a total of 86 resource centers located in 48 states, the District of Columbia, and Puerto Rico.

A list of current PTRC libraries can be found on the USPTO's Web site at www.uspto.gov/ptrc."

The Blurred Lines of Copyright Law Are Limiting Musical Creativity; The Recorder, Law.com, May 14, 2018

Christopher J. Buccafusco, The Recorder, Law.com; The Blurred Lines of Copyright Law Are Limiting Musical Creativity

"The real issue, however, is that pop musicians simply may be running out of creative space. And this problem is being exacerbated by the behaviors of what we might call “legacy” interests—parties who own copyright interests in already-created songs but who won’t be making any new music.

I have argued, with my colleagues Stefan Bechold and Christopher Sprigman, that any field of creative production has a certain “innovation space.” This space represents the world of possible solutions to a given creative problem. At the beginning of a field, whether sonata form or smartphone design, the innovation space is wide open. Anyone is free to do almost anything. Over time, however, portions of the innovation space get filled by intellectual property rights. The earliest creators fill up the innovation space with their copyrights and patents, limiting the options for newcomers. Newer creators are faced with a dilemma in which they must either find a portion of the innovation space that hasn’t been claimed or pay a license fee to one of their predecessors."

Japan wants to teach kids how to patent their ideas; Nikkei Asian Review, May 14, 2018

Natsuko Segawa, Nikkei Asian Review; Japan wants to teach kids how to patent their ideas

"[The Japanese government] revised its curriculum guidelines in March 2017, calling on elementary and junior high schools to voluntarily begin intellectual property education in the 2018 academic year, which began in April.

Beginning with the 2020 school year, elementary school textbooks will devote more space to intellectual property matters. Junior high school textbooks will follow a year later.

One lesson could be on how to legally quote or sample copyrighted works. Another could be to let children think about how to improve everyday objects, say a bookend."

Copyright infringement lawsuits make Indy skyline photo worth a lot more than 1,000 words; IndyStar, May 8, 2018

Mark Alesia, IndyStar; Copyright infringement lawsuits make Indy skyline photo worth a lot more than 1,000 words

"There have been about 200 infringement cases, including two judgments of $150,000 apiece in Bell's favor. Usually, companies or their liability insurance settle the claim. Those who don't settle or don't respond will become part of his steady stream of copyright infringement lawsuits in federal court in Indianapolis. 

Just in higher education, Bell has gone after Indiana University, Purdue University, the University of Indianapolis and Marian University. Even the University of Washington.

"It happened to be a professor on the University of Washington staff that used it," Bell said. "He was promoting a conference he was having in Indianapolis.""

Romance writer ignites copyright war after securing ownership of the word ‘cocky’; New York Daily News, May 10, 2018

Leonard Greene, New York Daily News; Romance writer ignites copyright war after securing ownership of the word ‘cocky’

[Kip Currier: Another "teachable moment" about confusion between copyrights and trademarks...The article writer repeatedly talks about "copyright", though this is clearly a trademark issue.

A tip-off too is when the reporter says people are petitioning the U.S. Patent and Trademark Office to cancel the copyright: the U.S. Copyright Office--as the eponymous name helpfully telegraphs--handles copyrights.]

"Faleena Hopkins, author of "Cocky Cowboy," "Cocky Soldier," "Cocky Biker" and "Cocky Brothers" insists she's not being full of herself by cornering the market on cocky.

She says she's just protecting her brand.

"I receive letters from readers who lost money thinking they bought my series," Hopkins tweeted after the cocky copyright clash. "I'm protecting them and that's what trademarks are meant for...

In the meantime, more than 20,000 people have signed a petition to the U.S. Patent and Trademark Office asking it to cancel the "cocky" copyright."

How copyright law hides work like Zora Neale Hurston’s new book from the public; The Washington Post, May 7, 2018

Ted Genoways, The Washington Post; How copyright law hides work like Zora Neale Hurston’s new book from the public

"Now, according to the Vulture introduction, the Zora Neale Hurston Trust has new representation, interested in getting unpublished works into print and monetizing those archives. That’s great, from a reader’s perspective, but it also reveals a larger problem where scholarship of literature between World War I and II is concerned. It’s mostly due to the Walt Disney Co.’s efforts to protect ownership of a certain cartoon mouse. Over the years, the company has successfully worked to extend copyright restrictions far beyond the limits ever intended by the original authors of America’s intellectual property laws. Under the original Copyright Act of 1790, a work could be protected for 14 years, renewable for another 14-year term if the work’s author was still alive. In time, the maximum copyright grew from 28 years to 56 years and then to 75 years. In 1998, Sonny Bono championed an extension that would protect works created after 1978 for 70 years after the death of the author and the copyright of works created after 1922 to as long as 120 years.


This worked out great for Disney — which, not coincidentally, was founded in 1923 — but less so for the reputations of authors who produced important work between the 1920s and 1950s. Because copyright law became such a tangle, many of these works have truly languished. Here, Hurston is the rule rather than the exception. I have a file that I’ve kept over the years of significant unpublished works by well-known writers from the era: William Faulkner, Langston Hughes, William Carlos Williams, Hart Crane, Sherwood Anderson and Weldon Kees, among others. The works aren’t really “lost,” of course, but they are tied up in a legal limbo. Because of the literary reputations of those writers, their unpublished works will eventually see the light of day — whenever their heirs decide that the royalties are spreading a little too thin and there’s money to be made from new works. But other important writers who are little-known or unknown will remain so because they don’t have easily identifiable heirs — or, worse, because self-interested, or even uninterested executors, control their estates."

10 intellectual property tips for startup companies; Pittsburgh Business Times, April 30, 2018

John Thomas and Jeremy Harrison  – Vorys, Pittsburgh Business Times; 10 intellectual property tips for startup companies

"Obtaining and securing intellectual property (IP) rights is often not a high priority with startup companies. Rather, startups commonly focus most efforts on obtaining financing, building a brand, and effective marketing strategies. 

Securing company IP, however, such as patents, trade secrets, trademarks, and copyrights, is vital since doing so creates a legal barrier to competition. Company IP can be a revenue generator through strategic licensing or IP transfer, and is often crucial in valuation for venture funding purposes. 

The following are some tips and strategies for startups to manage company IP."

[Podcast] HOW TO PROTECT YOUR INTELLECTUAL PROPERTY | CAPE TALK RADIO; Cape Talk Radio, 2018

[Podcast] Cape Talk Radio; HOW TO PROTECT YOUR INTELLECTUAL PROPERTY | CAPE TALK RADIO

"How can creatives defend their work from intellectual property theft? Partner, Steven Yeates, talks to Cape Talk’s Mpho Molotlegi about patents, designs, copyright and trade marks – and provides practical examples for monetising your creative assets."

Blurred Lines Songwriters Have Got to Give It Up for the Gaye Family: Pharrell Williams v. Frankie Christian Gaye; The National Law Review, April 27, 2018

Jodi Benassi, The National Law Review; Blurred Lines Songwriters Have Got to Give It Up for the Gaye Family: Pharrell Williams v. Frankie Christian Gaye

"The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a district court’s judgment after a jury trial, ruling that the song “Blurred Lines” infringed Marvin Gaye’s 1970s song “Got To Give It Up.” Pharrell Williams, et al. v. Frankie Christian Gaye, et al., Case No. 15-56880 (9th Cir., Mar. 21, 2018) (Smith, J) (Nguyen, J, dissenting)...

Judge Nguyen issued a strong dissent, stating that the decision allowed the Gayes to accomplish what no one has before: copyrighting a musical style. In her view, the two works were not objectively similar as a matter of law under the extrinsic test because they differed in melody, harmony and rhythm. She believed the majority established a dangerous precedent that strikes a devastating blow to future musicians and composers everywhere."

Supreme Court Upholds Procedure That’s Said to Combat ‘Patent Trolls’; The New York Times, April 24, 2018

Adam Liptak, The New York Times; Supreme Court Upholds Procedure That’s Said to Combat ‘Patent Trolls’

"The Supreme Court on Tuesday upheld the constitutionality of a procedure that makes it easier to challenge questionable patents.

The procedure, created by Congress in 2011, resembles a trial in federal court, but is conducted by an executive-branch agency. Supporters say it helps combat “patent trolls,” or companies that obtain patents not to use them but to demand royalties and sue for damages.

Opponents say the procedure violates the Constitution by usurping the role of the federal courts, violating the separation of powers and denying patent holders the right to a jury trial.

By a 7-to-2 vote, the Supreme Court ruled that the procedure was a permissible way for the agency that administers patents to fix its mistakes."

Monkey can't sue for copyright infringement of selfies, 9th Circuit rules; The Los Angeles Times, April 23, 2018

Maura Dolan, The Los Angeles Times; Monkey can't sue for copyright infringement of selfies, 9th Circuit rules

"A federal appeals court decided unanimously Monday that animals may not sue for copyright protection.

The ruling came in the case of a monkey that took selfies with a wildlife photographer's camera. The photographer later published the photos."

What Harley Davidson’s $19.2M Throttling Of Sunfrog REALLY Means… And It’s Not The Money; Above The Law, April 23, 2018

Tom Kulik, Above The Law; What Harley Davidson’s $19.2M Throttling Of Sunfrog REALLY Means… And It’s Not The Money

When it comes to intellectual property rights, companies ignoring their impact do so at their own risk.

"The point here is that rapid growth and success makes being proactive even more essential to the business.   Rather than follow-through with significant steps to stop the printing of infringing products, something got lost in the process and Sunfrog simply couldn’t get its arms around the scope of the problem.  In effect, Sunfrog’s failure to effectively address this problem  made Sunfrog a counterfeiter — it permitted the printing of infringing designs on T-shirts sold through its website, making Sunfrog a nice profit in the process. Of course, this was never Sunfrog’s intent — it set out to create a highly successful platform for printing custom T-shirts online, and in fact, succeeded in doing so.  That said, it also underestimated the extent to which a sizable part of its business model required intellectual property oversight — an oversight that is now costing them in both monetary and reputation damages.

Ultimately, the Sunfrog case is highly instructive on a number of levels, but the failure to appreciate the scope and extent of intellectual property oversight by Sunfrog is telling.  Whether your company or client is a startup or an already successful going concern, the use of intellectual property can never be taken for granted. When it comes to intellectual property rights, companies ignoring their impact do so at their own risk.  The good news is that warning signs usually present themselves at some point.  The bad news is that such signs can be ignored or otherwise under-appreciated.  That is the real point here, and a risk that your company (or client) shouldn’t take — just ask Sunfrog."

New Tattoo Copyright Infringement Case Filed By Artist Who Inked WWE Wrestler Randy Orton; Forbes, April 18, 2018

Darren Heitner, Forbes; New Tattoo Copyright Infringement Case Filed By Artist Who Inked WWE Wrestler Randy Orton

"A new lawsuit will once again test the extent that Copyright Law applies when tattoos are involved. Catherine Alexander, the tattooist who inked WWE wrestler Randy Orton, has filed a lawsuit against WWE and 2K Games (the publisher of video games such as WWE 2K) for allegedly using her designs in a commercial manner and without her consent.

Alexander makes the claim that the video games featuring Orton contain exact replications, in digital design, to multiple tattoos, including a tribal tattoo that she placed on the wrestler's upper back, and that the use constitutes copyright infringement. The lawsuit, filed in the U.S. District Court for the Southern District of Illinois, indicates that Alexander even made prior efforts to come to an agreement with the WWE."

Frida Kahlo Barbie doll banned from shop shelves in Mexico; BBC, April 20, 2018

BBC; Frida Kahlo Barbie doll banned from shop shelves in Mexico

"A court has barred sales in Mexico of a controversial Frida Kahlo Barbie doll, ruling that members of her family own the sole rights to her image.

The toy company Mattel launched a range of new Barbie dolls based on "inspiring women" - artist Frida Kahlo among them.

But some of Kahlo's relatives said the manufacturer had used the painter's image without permission."

IP-Transformative Entrepreneurs or IP Law Infringers and Scofflaws? Observations from Steel City Con 2018

IP-Transformative Entrepreneurs or IP Law Infringers and Scofflaws?

Observations from Steel City Con 2018

Kip Currier: Last weekend at Pittsburgh's Steel City Con 2018, I observed and spoke with a number of sellers/vendors. These vendors, as I see it, primarily fall into 2 different categories, in terms of what they're selling.

Category #1: Unaltered Goods.

Sellers of sold-as-is comic books, action figures, toys, games, autographed celebrity photos, etc. Items whose original form has not been materially altered (transformed) from the time they were created by the original publisher, manufacturer, or company. [Other than perhaps having been previously read (in the case of comic books) or played with (e.g. action figures, toys, and games)].

Examples:

Licensed Negan-carrying "Lucille" Bats from The Walking Dead
James "Kip" Currier (c) 2018

Lost in Space DIY plastic kit
James "Kip" Currier (c) 2018

Rainbow (or Arc-en-ciel, en francais) Batman action figures
(...Curious to know the idea/motivation behind this incarnation of The Caped Crusader!)
James "Kip" Currier (c) 2018

Seller with miscellaneous goods for sale...and 2 Jeannies
James "Kip" Currier (c) 2018

Category #2: Altered Goods (--not to be confused with recently-released Netflix Sci-Fi show Altered Carbon)

Sellers of goods that incorporate, build upon, mashup (combine), transform, and/or some would say appropriate aspects of existing Intellectual Property, such as well-known trademarked logos, designs, characters, devices, etc.

The ongoing issue for consideration-- depending on where you fall on the "fan culture", "transformativeness", "IP infringement" spectrum--is whether you think the folks in Category 2 are:

• Intellectual Property-Transformative Entrepreneurs?
• Intellectual Property Law Infringers and Scofflaws?
• Something else?

Last year I wrote about and included photos of some sellers, who I'd spoken with at Steel City Con 2017:

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.

At the 2017 Steel City Con, I spoke with a seller named Jim Radeshak, who was back this year. He runs Feisty Goblin Crafts and make "Handmade Comic Book Art Items" that he sell at Conventions and on Etsy. Radeshak's business card cheekily declares that he is "Cutting up comics to make yours more valuable!" He explained that he cuts out images from comic books and free Previews of comic books. Then affixes those images to ceramic coasters, via a process of lacquer application and "baking":

Coasters made by Jim Radeshak's Feisty Goblin Crafts
James "Kip" Currier (c) 2018

More Feisty Goblin Crafts' Coasters
James "Kip" Currier (c) 2018

I also spoke briefly with Michael Fulton. He bills himself as The Wandmaker and makes "Original Hand-crafted Wands" of all shapes and sizes. The spitting image of Eddie Redmayne's Newt Scamander (J.K. Rowling's literary and cinematic protagonist in 2016's fantasy film Fantastic Beasts and Where to Find Them), the wand-and-magic-suitcase-in-hands would-be wizard dashed from behind his wands-covered vending table to conjure up a photo:

Wandmaker, Michael Fulton, as J.K. Rowling's Newt Scamander
James "Kip" Currier (c) 2018

This clever T-shirt business, called Cleveland Sleeves, "mashes up" brands, such as Star Wars characters with famous sports teams. Like this one that amalgamates the Pittsburgh Pirates baseball team with a Star Wars Stormtrooper mask:

James "Kip" Currier (c) 2018

In this photo, the Cleveland Sleeves salesperson on the left sports a T-shirt that displays Pittsburgh in the recognizable block-y font from the first Superman franchise film series:

Cleveland Sleeves T-shirts and vendors
James "Kip" Currier (c) 2018

This T-shirt that mashes up the Pittsburgh Steelers football theme with a Stormtrooper will be loved by my university-attending nephew--who is a die-hard fan of both franchises:

James "Kip" Currier (c) 2018

In a post about Steel City Con last week, I included this creative Wrestling Art example:
An artist (or artists) has taken iconic comic book covers from, say, Marvel and DC Comics and substituted and/or added in wrestling celebrities for the original comic book characters...Mick Foley standing in for Spider-Man. Becky Lynch swapping out She-Hulk:

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

Some vendors also make bespoke costume apparel and gear. Like this guy, seen talking with a Star Wars fan about special ordering some accessories:

Star Wars-themed bespoke clothing and gear
James "Kip" Currier (c) 2018

Replica "props" from diverse genres (e.g. Spy; Sci-Fi; Fantasy; Horror) are also a visible presence:

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

Other examples of goods for sale:

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

Even clothing for babies and toddlers:

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

And, finally...for that impossible-to-buy-for-person in your life who already has everything...

What about a colorful custom-made crocheted Mermaid tail?

Perfect on a cold night for snuggling--with yourself...

Or for cosplaying Daryl Hannah's Splash mermaid Madison, indulging in a summer seaside swim; albeit a soggy one.

Perhaps Plato had it right that "necessity" really is the "mother of invention".

James "Kip" Currier (c) 2018

33rd Annual ABA Intellectual Property Law Conference, April 18-20, 2018

33rd Annual ABA Intellectual Property Law Conference, Arlington, Virginia

[Kip Currier: The April 19th Conference sessions I attended were outstanding. Particularly thought-provoking was the "Ethical Issues in Emerging Technology" session, with panelists discussing legal, ethical, and policy implications of Wearable Technologies (e.g. FitBits), 3D Printers, and Autonomous Vehicles.

I'll be posting some highlights and photos from the sessions in the next few days.]

Friday, April 20

6:30 am – 7:45 am	LGBT Diversity Run/Walk
7:30 am – 5:00 pm	Registration • Print Café • Sponsors
8:30 am – 10:00 am	Patent: Standards Essential Patent & the Internet of Things
8:30 am – 10:00 am	Trademark/Ethics: Ethical Issues in Trademark Practice
8:30 am – 10:00 am	Copyright: International Copyright Transactions
10:15 am – 11:45 am	Patent: State of Subject Matter Eligibility Law: Its Impact on the Incentive to Innovate
10:15 am – 11:45 am	Trademark: The Dark Side of Knockoffs
10:15 am – 11:45 am	Copyright: Fair Use or Not Fair Use, that is the Question
12:00 pm – 1:30 pm	Women in IP Law Luncheon
1:45 pm – 3:15 pm	Specialty: Canada: More than Just Justin Trudeau
1:45 pm – 3:15 pm	Trademark: Current State of the Dilution Doctrine - TamImpact
1:45 pm – 3:15 pm	Copyright: Music Licensing 101: Understanding the Basics
3:30 pm – 5:00 pm	Patent/Ethics: Current Trends and Ethical Implications in IP Monetization and Litigation Financing
3:30 pm – 5:00 pm	Specialty: DarkNet: Enter at Your Own Risk
3:30 pm – 5:00 pm	Specialty: Preserving Attorney Client Privilege When Your Clients Go Global

33rd Annual ABA Intellectual Property Law Conference, April 18-20, 2018

33rd Annual ABA Intellectual Property Law Conference, Arlington, Virginia

[Kip Currier: 1st full day of this year's American Bar Association Intellectual Property Law Conference. Lots of intriguing sessions to choose from...case in point, the 10:15 AM slot has two concurrent ones I want to attend--Trademark/Ethics: Ethical Issues in Emerging Technology and Copyright: Copyright Law and Policy Developments.

I'm also attending the Mark T. Banner luncheon today, featuring Simon Tam of the band The Slants and his legal team, who last year won a major federal trademark law case, Matal v. Tam (previously Lee v. Tam), involving so-called disparaging trademarks. The case presented potentially significant implications for free speech and economic interests. Tam and his band spoke as part of a very thought-provoking panel at Duquesne University last April, before the U.S. Supreme Court had announced its decision in June 2017. The Slants prevailed, in a unanimous decision.

I talked with Tam after the April 2017 panel about the case and he insisted on having his bandmates sign the band's poster I'd purchased.

It will be interesting to hear thoughts from the various parties a year later, regarding post-Matal v. Tam implications...]


Thursday, April 19

7:00 am – 5:00 pm	Registration • Print Café • Sponsors
7:15 am – 8:30 am	Conference Connections New Members • First-Time Attendees • Young Lawyers
8:30 am – 10:00 am	Patent: Impact of Heartland on District Court Litigation
8:30 am – 10:00 am	Trademark: From the Practitioners' Perspectives: Managing Discovery in Trademark Cases: TTAB vs. Federal Court
8:30 am – 10:00 am	Copyright/Social Media: #Ad Disclosures
10:15 am – 11:45 am	Patent: Ask the Office: Hot Topics with the USPTO Commissioner for Patents
10:15 am – 11:45 am	Trademark/Ethics: Ethical Issues in Emerging Technology
10:15 am – 11:45 am	Copyright: Copyright Law and Policy Developments
12:00 pm – 1:30 pm	Mark T. Banner Award Luncheon Honoring Simon Tam and his legal team during a special presentation.
1:45 pm – 3:15 pm	Patent: Coming Together: Worlds Apart
1:45 pm – 3:15 pm	Trademark: Proving a Negative: Best Practices for Prosecuting and Defending Non-Use Abandonment Proceedings in the US & Abroad
1:45 pm – 3:15 pm	Copyright: The Right of Publicity
3:30 pm – 5:00 pm	Specialty: Growing Your Start-Up IP Practice
3:30 pm – 5:00 pm	Trademark/Copyright: Fictional Characters in 3D
3:30 pm – 5:00 pm	Specialty/Ethics: Multijurisdictional Practice and the Modern Ethical IP Attorney