; The Difference Between Copyrights, Trademarks and Patents
Whether you’re an inventor, a writer or an artist, you need to know what these each mean — and which you need to protect your work.
"Intellectual property theft has always been a problem, but it has never affected as many people as it does today. If you’ve taken a photo, recorded a song or written a letter, you’ve likely created a copyright. If you operate a small business, you probably qualify for trademark protection, and if you invent something, you may be able to patent it. But the same tools that make it easy to distribute your work online make it easier than ever to steal.
Intellectual property, or I.P., is everywhere, but almost nobody who is not a lawyer understands how to protect their art, business or inventions. This article is no substitute for real legal advice, but it should give you an idea of what questions you need to ask next. I.P. law is vast, so this will focus on basic terms you’ve probably heard: copyrights, trademarks and patents. Let’s get started."
Tuesday, April 21, 2020
Friday, April 17, 2020
How the ‘Greatest Rock and Roll Band in the World’ Got Its Logo; The New York Times, April 13, 2020
, The New York Times; How the ‘Greatest Rock and Roll Band in the World’ Got Its Logo
"The logo has generated an enormous amount of money for the Stones. The British public relations veteran Alan Edwards, who handled the band’s publicity in the ’80s, said the Stones “must have grossed a good billion [pounds] in concerts, record and DVD sales, merchandising and exhibitions” and also used the logo “all over advertising.” Samuel O’Toole, an intellectual property lawyer at Briffa Legal in London, estimated the figure to be “hundreds of millions of pounds.”"
"The logo has generated an enormous amount of money for the Stones. The British public relations veteran Alan Edwards, who handled the band’s publicity in the ’80s, said the Stones “must have grossed a good billion [pounds] in concerts, record and DVD sales, merchandising and exhibitions” and also used the logo “all over advertising.” Samuel O’Toole, an intellectual property lawyer at Briffa Legal in London, estimated the figure to be “hundreds of millions of pounds.”"
Wednesday, April 15, 2020
Open COVID Pledge: Removing Obstacles to Sharing IP in the Fight Against COVID-19; Creative Commons, April 7, 2020
Diane Peters, Creative Commons; Open COVID Pledge: Removing Obstacles to Sharing IP in the Fight Against COVID-19
"Creative Commons has joined forces with other legal experts and leading scientists to offer a simple way for universities, companies, and other holders of intellectual property rights to support the development of medicines, test kits, vaccines, and other scientific discoveries related to COVID-19 for the duration of the pandemic. The Open COVID Pledge grants the public free, temporary access to IP rights in support of solving the COVID-19 crisis, removing unnecessary obstacles to dissemination of the knowledge and inventions that could save lives and limit suffering."
"Creative Commons has joined forces with other legal experts and leading scientists to offer a simple way for universities, companies, and other holders of intellectual property rights to support the development of medicines, test kits, vaccines, and other scientific discoveries related to COVID-19 for the duration of the pandemic. The Open COVID Pledge grants the public free, temporary access to IP rights in support of solving the COVID-19 crisis, removing unnecessary obstacles to dissemination of the knowledge and inventions that could save lives and limit suffering."
Court Rules Photographer Gave Up Exclusive Licensing Rights by Posting on Instagram; The Hollywood Reporter, April 14, 2020
Eriq Gardner, The Hollywood Reporter; Court Rules Photographer Gave Up Exclusive Licensing Rights by Posting on Instagram
"When it comes to appropriating images found online, the situation is understandably confusing. If an individual posts something on social media, does that give someone else the right to use it in a different forum? Most lawyers would likely answer, "Not so fast," and yet on Monday came a suggestive ruling perhaps otherwise from a New York federal court."
"When it comes to appropriating images found online, the situation is understandably confusing. If an individual posts something on social media, does that give someone else the right to use it in a different forum? Most lawyers would likely answer, "Not so fast," and yet on Monday came a suggestive ruling perhaps otherwise from a New York federal court."
Tuesday, April 14, 2020
Hospital Technicians Ignore Copyright Law to Fight COVID-19; Reason, April 13, 2020
Paul Detrick, Reason; Hospital Technicians Ignore Copyright Law to Fight COVID-19
"A right-to-repair movement has been fighting to change federal copyright law—or to pass state-level laws that let people fix their own devices. But medical device companies fought back with letters to lawmakers, saying right-to-repair laws could endanger the lives of patients if devices were fixed improperly by untrained personnel."
"A right-to-repair movement has been fighting to change federal copyright law—or to pass state-level laws that let people fix their own devices. But medical device companies fought back with letters to lawmakers, saying right-to-repair laws could endanger the lives of patients if devices were fixed improperly by untrained personnel."
The Open COVID Pledge: What Is It and Is It Right for You?; The National Law Review, April 14, 2020
Theresa Rakocy, The National Law Review; The Open COVID Pledge: What Is It and Is It Right for You?
"Enter one possible solution: The Open COVID Pledge. A group of scientists, lawyers, and entrepreneurs developed the Open COVID Pledge to encourage businesses and research facilities to make their intellectual property available for use in the fight against COVID-19. The idea behind the Open COVID Pledge is to allow open sharing of intellectual property and technology to end the pandemic without the need for timely and costly licenses or royalty agreements. The initiative comes at a time when researchers and companies alike are surging ahead with ways to combat and end COVID-19. In its Press Release, the individuals behind the Open COVID Pledge explain that the license is needed because “enabling individuals and organizations across the world to work on solutions together, without impediments, is the quickest way to end this pandemic.”...
As COVID-19 continues to spread worldwide, with the number of new cases each day still increasing in most countries, research and the development of new technologies to combat and eradicate COVID-19 has blossomed. As discussed in an earlier post, countries and companies are looking for ways to contribute, with many now making available and expanding access to their intellectual property. The balance between access and protection of intellectual property, however, is delicate."
"Enter one possible solution: The Open COVID Pledge. A group of scientists, lawyers, and entrepreneurs developed the Open COVID Pledge to encourage businesses and research facilities to make their intellectual property available for use in the fight against COVID-19. The idea behind the Open COVID Pledge is to allow open sharing of intellectual property and technology to end the pandemic without the need for timely and costly licenses or royalty agreements. The initiative comes at a time when researchers and companies alike are surging ahead with ways to combat and end COVID-19. In its Press Release, the individuals behind the Open COVID Pledge explain that the license is needed because “enabling individuals and organizations across the world to work on solutions together, without impediments, is the quickest way to end this pandemic.”...
As COVID-19 continues to spread worldwide, with the number of new cases each day still increasing in most countries, research and the development of new technologies to combat and eradicate COVID-19 has blossomed. As discussed in an earlier post, countries and companies are looking for ways to contribute, with many now making available and expanding access to their intellectual property. The balance between access and protection of intellectual property, however, is delicate."
Monday, April 13, 2020
Putin’s Long War Against American Science; The New York Times, April 13, 2020
, The New York Times; Putin’s Long War Against American Science
A decade of health disinformation promoted by President Vladimir Putin of Russia has sown wide confusion, hurt major institutions and encouraged the spread of deadly illnesses.
"As the pandemic has swept the globe, it has been accompanied by a dangerous surge of false information — an “infodemic,” according to the World Health Organization. Analysts say that President Vladimir V. Putin of Russia has played a principal role in the spread of false information as part of his wider effort to discredit the West and destroy his enemies from within.
The House, the Senate and the nation’s intelligence agencies have typically focused on election meddling in their examinations of Mr. Putin’s long campaign. But the repercussions are wider. An investigation by The New York Times — involving scores of interviews as well as a review of scholarly papers, news reports, and Russian documents, tweets and TV shows — found that Mr. Putin has spread misinformation on issues of personal health for more than a decade.
His agents have repeatedly planted and spread the idea that viral epidemics — including flu outbreaks, Ebola and now the coronavirus — were sown by American scientists. The disinformers have also sought to undermine faith in the safety of vaccines, a triumph of public health that Mr. Putin himself promotes at home.
Moscow’s aim, experts say, is to portray American officials as downplaying the health alarms and thus posing serious threats to public safety.
“It’s all about seeding lack of trust in government institutions,” Peter Pomerantsev, author of “Nothing Is True and Everything Is Possible,” a 2014 book on Kremlin disinformation, said in an interview.
The Russian president has waged his long campaign by means of open media, secretive trolls and shadowy blogs that regularly cast American health officials as patronizing frauds. Of late, new stealth and sophistication have made his handiwork harder to see, track and fight."
A decade of health disinformation promoted by President Vladimir Putin of Russia has sown wide confusion, hurt major institutions and encouraged the spread of deadly illnesses.
"As the pandemic has swept the globe, it has been accompanied by a dangerous surge of false information — an “infodemic,” according to the World Health Organization. Analysts say that President Vladimir V. Putin of Russia has played a principal role in the spread of false information as part of his wider effort to discredit the West and destroy his enemies from within.
The House, the Senate and the nation’s intelligence agencies have typically focused on election meddling in their examinations of Mr. Putin’s long campaign. But the repercussions are wider. An investigation by The New York Times — involving scores of interviews as well as a review of scholarly papers, news reports, and Russian documents, tweets and TV shows — found that Mr. Putin has spread misinformation on issues of personal health for more than a decade.
His agents have repeatedly planted and spread the idea that viral epidemics — including flu outbreaks, Ebola and now the coronavirus — were sown by American scientists. The disinformers have also sought to undermine faith in the safety of vaccines, a triumph of public health that Mr. Putin himself promotes at home.
Moscow’s aim, experts say, is to portray American officials as downplaying the health alarms and thus posing serious threats to public safety.
“It’s all about seeding lack of trust in government institutions,” Peter Pomerantsev, author of “Nothing Is True and Everything Is Possible,” a 2014 book on Kremlin disinformation, said in an interview.
The Russian president has waged his long campaign by means of open media, secretive trolls and shadowy blogs that regularly cast American health officials as patronizing frauds. Of late, new stealth and sophistication have made his handiwork harder to see, track and fight."
Spike in coronavirus knock-offs; Tiger King trademark fiasco; new TMview and DesignView - news digest; Lexology, April 3, 2020
World Trademark Review - Jonathan Walfisz, Lexology; Spike in coronavirus knock-offs; Tiger King trademark fiasco; new TMview and DesignView - news digest
"“Every Tuesday and Friday, WTR presents a round-up of news, developments and insights from across the trademark sphere. In our latest edition, we look at how counterfeit vaping devices are resurfacing as a major issue, the first well-known trademark being registered in Tajikistan, a new CEO being unveiled at UpCounsel, AM General retreating on its Call of Duty lawsuit, and much more. Coverage this time from Trevor Little (TL), Bridget Diakun (BD), Jonathan Walfisz (JW) and Tim Lince (TJL)...
"Tiger King” sought reputational damage, in addition to murder – New Netflix documentary series ‘Tiger King’ has been the viral entertainment of the past month, and features a real treat for trademark professionals. The show follows the eccentric Joe Exotic, a self-described “gay, gun-carrying redneck with a mullet” who owned a private zoo in Oklahoma. Across seven episodes, the show looks at Exotic’s bitter, decades-long feud with animal conservationist Carole Baskin, who owns the Big Cat Rescue sanctuary and passionately wanted to put Exotic out of business for alleged mistreatment of the exotic animals in his care. The show features dozens of unbelievable moments, with one particular episode focused on a trademark dispute between the pair. While we won’t spoil the outcome, it hinges on Exotic launching his own ‘Big Cat’ entity and “boasting on Facebook that he registered the Big Cat Entertainment name to ruin its goodwill on Google”. For those that have seen the series already, The Fashion Law has an informative, fun breakdown of the case in more detail. For those that haven’t seen it, we highly recommend it for any fans of outrageous true-life stories. (TJL)"
"“Every Tuesday and Friday, WTR presents a round-up of news, developments and insights from across the trademark sphere. In our latest edition, we look at how counterfeit vaping devices are resurfacing as a major issue, the first well-known trademark being registered in Tajikistan, a new CEO being unveiled at UpCounsel, AM General retreating on its Call of Duty lawsuit, and much more. Coverage this time from Trevor Little (TL), Bridget Diakun (BD), Jonathan Walfisz (JW) and Tim Lince (TJL)...
"Tiger King” sought reputational damage, in addition to murder – New Netflix documentary series ‘Tiger King’ has been the viral entertainment of the past month, and features a real treat for trademark professionals. The show follows the eccentric Joe Exotic, a self-described “gay, gun-carrying redneck with a mullet” who owned a private zoo in Oklahoma. Across seven episodes, the show looks at Exotic’s bitter, decades-long feud with animal conservationist Carole Baskin, who owns the Big Cat Rescue sanctuary and passionately wanted to put Exotic out of business for alleged mistreatment of the exotic animals in his care. The show features dozens of unbelievable moments, with one particular episode focused on a trademark dispute between the pair. While we won’t spoil the outcome, it hinges on Exotic launching his own ‘Big Cat’ entity and “boasting on Facebook that he registered the Big Cat Entertainment name to ruin its goodwill on Google”. For those that have seen the series already, The Fashion Law has an informative, fun breakdown of the case in more detail. For those that haven’t seen it, we highly recommend it for any fans of outrageous true-life stories. (TJL)"
Saturday, April 11, 2020
Want to livestream your religious service? Be aware of copyright law.; The Virginian-Pilot, April 11, 2020
Denise M. Watson, The Virginian-Pilot; Want to livestream your religious service? Be aware of copyright law.
"Unless religious organizations have a streaming or “synchronization” license to use the copyrighted music for livestreams and recordings, they may be violating the U.S. Copyright Act, said Jane Tucker, an attorney with Vandeventer Black, a business and litigation law firm based in Norfolk."
"Unless religious organizations have a streaming or “synchronization” license to use the copyrighted music for livestreams and recordings, they may be violating the U.S. Copyright Act, said Jane Tucker, an attorney with Vandeventer Black, a business and litigation law firm based in Norfolk."
Friday, April 10, 2020
Brands, T-shirt makers line up to trademark coronavirus pandemic; USA Today, April 7, 2020
Nick Penzenstadler, USA Today; Brands, T-shirt makers line up to trademark coronavirus pandemic
"[Josh] Gerben [a Washington intellectual property attorney who’s been tracking daily filings] pointed out that trademark office examiners are perhaps the best equipped federal employees to keep working through the pandemic since most already telework. Trademarking is a lengthy process, he said, typically taking four months for an initial examination of an application and about eight months before a trademark is finalized.
Gerben pointed out that trademark office examiners are perhaps the best equipped federal employees to keep working through the pandemic since most already telework. Trademarking is a lengthy process, he said, typically taking four months for an initial examination of an application and about eight months before a trademark is finalized.
Examiners use simple tools such as Google to determine whether a phrase is unique. To receive the protections of exclusive national rights, a mark must be both distinct and already in commercial use by the filer. That means the dozen individuals applying for “I survived COVID-19” could be denied exclusive rights, especially if startups on Etsy or other do-it-yourself websites are selling items.
Trademark holders will have to consider the business ethics of profiting from a pandemic that’s killed thousands."
"[Josh] Gerben [a Washington intellectual property attorney who’s been tracking daily filings] pointed out that trademark office examiners are perhaps the best equipped federal employees to keep working through the pandemic since most already telework. Trademarking is a lengthy process, he said, typically taking four months for an initial examination of an application and about eight months before a trademark is finalized.
Gerben pointed out that trademark office examiners are perhaps the best equipped federal employees to keep working through the pandemic since most already telework. Trademarking is a lengthy process, he said, typically taking four months for an initial examination of an application and about eight months before a trademark is finalized.
Examiners use simple tools such as Google to determine whether a phrase is unique. To receive the protections of exclusive national rights, a mark must be both distinct and already in commercial use by the filer. That means the dozen individuals applying for “I survived COVID-19” could be denied exclusive rights, especially if startups on Etsy or other do-it-yourself websites are selling items.
Trademark holders will have to consider the business ethics of profiting from a pandemic that’s killed thousands."
Thursday, April 9, 2020
Past coronavirus: an open-access future for academics; The Bowdoin Orient, April 3, 2020
Radu Stochita, The Bowdoin Orient; Past coronavirus: an open-access future for academics
"What Aaron Swartz left us is the courage to try and break the wall that exists between the public and the profit-driven industry of academic publishing. In his eyes, information was meant to be free and accessible. Progress was meant for the common good, in the benefit of everyone, not only for a selected few."
"What Aaron Swartz left us is the courage to try and break the wall that exists between the public and the profit-driven industry of academic publishing. In his eyes, information was meant to be free and accessible. Progress was meant for the common good, in the benefit of everyone, not only for a selected few."
Nature to join open-access Plan S, publisher says; Nature, April 9, 2020
; Nature to join open-access Plan S, publisher says
"After a change in the rules of the bold open-access (OA) initiative known as Plan S, publisher Springer Nature said on 8 April that many of its non-OA journals — including Nature — were now committed to joining the plan, pending discussion of further technical details.
"After a change in the rules of the bold open-access (OA) initiative known as Plan S, publisher Springer Nature said on 8 April that many of its non-OA journals — including Nature — were now committed to joining the plan, pending discussion of further technical details.
This means that Nature and other Nature-branded journals that publish original research will now look to offer an immediate OA route after January 2021 to scientists who want it, or whose funders require it, a spokesperson says. (Nature is editorially independent of its publisher, Springer Nature.)...
In simple terms, the plan means that researchers funded by agencies supporting Plan S must submit their work to OA journals, or post peer-reviewed versions of their work openly online."
Sandia Labs offers fast-track licensing approval program for access to intellectual property; KOB4, April 7, 2020
Brett Luna, KOB4; Sandia Labs offers fast-track licensing approval program for access to intellectual property
"Sandia Labs is now offering up more than a thousand pieces of its intellectual property to help fight the pandemic.
The fast-track licensing approval program, or the Rapid Technology Deployment Program, is allowing businesses and individuals to freely use some of Sandia Labs’ intellectual property without paying fees or royalties. The program gives people approval within a few days instead of a few months.
"We have about almost 1,600 active patents so we have made 70% of those patents available to U.S. individuals and companies free of charge through the end of the calendar year,” said Mary Monson, Senior Manager for Technology Partnership at Sandia Labs...
For more information about the program, click here."
"Sandia Labs is now offering up more than a thousand pieces of its intellectual property to help fight the pandemic.
The fast-track licensing approval program, or the Rapid Technology Deployment Program, is allowing businesses and individuals to freely use some of Sandia Labs’ intellectual property without paying fees or royalties. The program gives people approval within a few days instead of a few months.
"We have about almost 1,600 active patents so we have made 70% of those patents available to U.S. individuals and companies free of charge through the end of the calendar year,” said Mary Monson, Senior Manager for Technology Partnership at Sandia Labs...
For more information about the program, click here."
Free Access to Intellectual Property is Crucial in Mitigating The COVID-19 Pandemic; News18, April 9, 2020
Simantini Dey, News18; Free Access to Intellectual Property is Crucial in Mitigating The COVID-19 Pandemic
"Furthermore, sharing intellectual property among members of academia is also important, so that the invention of a working vaccine can be accelerated, and more can be discovered about this potent virus.
To ensure such co-operation, a group of scientists, lawyers, entrepreneurs and individuals have come together and started the 'Open COVID pledge' initiative. The organisations, institutions and universities who take the 'Open COVID Pledge' will voluntarily make the commitment of sharing their Intellectual Property related to COVID-19, thereby reducing information barrier.
So far, Intel, Mozilla and Creative Commons have publically taken the Open COVID pledge. Harvard, MIT and Stanford have also agreed to this initiative. The University of Utah (Centre for Law and Biological Sciences), and Montreal Neurological Institute-Hospital are among some of the other institutions that have endorsed the pledge.
The current global healthcare crisis has brought to sharp focus the need to review patent laws of pharmaceutical products and how it should be reframed in case of a pandemic, or epidemic in future."
"Furthermore, sharing intellectual property among members of academia is also important, so that the invention of a working vaccine can be accelerated, and more can be discovered about this potent virus.
To ensure such co-operation, a group of scientists, lawyers, entrepreneurs and individuals have come together and started the 'Open COVID pledge' initiative. The organisations, institutions and universities who take the 'Open COVID Pledge' will voluntarily make the commitment of sharing their Intellectual Property related to COVID-19, thereby reducing information barrier.
So far, Intel, Mozilla and Creative Commons have publically taken the Open COVID pledge. Harvard, MIT and Stanford have also agreed to this initiative. The University of Utah (Centre for Law and Biological Sciences), and Montreal Neurological Institute-Hospital are among some of the other institutions that have endorsed the pledge.
The current global healthcare crisis has brought to sharp focus the need to review patent laws of pharmaceutical products and how it should be reframed in case of a pandemic, or epidemic in future."
Managing Intellectual Property in a Crisis (Part 3); JDSupra, April 8, 2020
Joseph Falcon, III, JDSupra; Managing Intellectual Property in a Crisis (Part 3)
"The most common danger of ignoring intellectual property is the loss of business opportunities, because the business owner was not attentive to whether those opportunities were worth pursuing. For example, an issued patent requires maintenance fees periodically through the life of the patent. Failure to pay a maintenance fee will cause the patent to expire. The business owner must make an informed decision as to whether or not maintaining that patent is in the business’ best interests. On the other hand, the unnecessary payment of a maintenance fee may result in a lost opportunity to invest those funds in new projects or patents. It is therefore critical to maintain a portfolio of patents which is driven by the business’ needs, strategy and long-term goals."
Wednesday, April 8, 2020
US Copyright Office, USPTO Act to Assist Those Affected by COVID-19; The National Law Review, April 8, 2020
Eleanor B. Atkins, Jiaxiao Zhang, The National Law Review; US Copyright Office, USPTO Act to Assist Those Affected by COVID-19
"Pursuant to the temporary authority granted by the CARES Act, the US Copyright Office and the USPTO have announced that they are taking steps to assist those impacted by the coronavirus (COVID-19) pandemic by extending certain deadlines, provided that the filing or fee payment is accompanied by a statement attesting that the delay was due to the COVID-19 crisis."
"Pursuant to the temporary authority granted by the CARES Act, the US Copyright Office and the USPTO have announced that they are taking steps to assist those impacted by the coronavirus (COVID-19) pandemic by extending certain deadlines, provided that the filing or fee payment is accompanied by a statement attesting that the delay was due to the COVID-19 crisis."
University libraries offer online “lending” of scanned in-copyright books; Ars Technica, April 7, 2020
Timothy B. Lee, Ars Technica; University libraries offer online “lending” of scanned in-copyright books
"A consortium of university libraries called HathiTrust recently announced a solution to this problem, called the Emergency Temporary Access Service. It allows participating HathiTrust member libraries to offer their patrons digital scans of books that they can "check out" and read online.
"A consortium of university libraries called HathiTrust recently announced a solution to this problem, called the Emergency Temporary Access Service. It allows participating HathiTrust member libraries to offer their patrons digital scans of books that they can "check out" and read online.
HathiTrust has a history of pushing the boundaries of copyright. It was the defendant in a landmark 2014 ruling that established the legality of library book scanning. At the time, HathiTrust was only allowing people with print disabilities to access the full text of scanned books. Now HathiTrust is expanding access to more people—though still with significant limits...
These limits distinguish HathiTrust's service from another recently announced "emergency library." Two weeks ago, the Internet Archive announced it was offering the general public the opportunity to check out 1.4 million scanned books. During the pandemic, the Internet Archive isn't limiting the number of people who can "borrow" a book simultaneously.
Cornell University legal scholar James Grimmelmann tells Ars that the limits on the HathiTrust program will put the group in a stronger position if it is ever challenged in court. The same fair use doctrine that allows HathiTrust to scan books in the first place might also justify what the organization is doing now—though that's far from certain."
Dr. Drew apologizes for being a COVID-19 denier after copyright silliness; Ars Technica, April 6, 2020
Kate Cox, Ars Technica; Dr. Drew apologizes for being a COVID-19 denier after copyright silliness
"Bharara, a former US attorney, and Boutrous, a high-profile attorney, were among the many who replied to defend or amplify Ali.
"You are safe from any 'copywrite' lawsuit, @yashar," Bharara tweeted. "Know your writes."
"Truth and fair use got you," Boutrous added in a tweet that quoted Pinsky's now-deleted threat.
It appears that either Pinsky or YouTube was inclined to agree. Sometime around noon Monday, give or take an hour, the YouTube video listing very quietly started working once again. Similarly, every message on Pinsky's @drdrew Twitter account relating to the video has been deleted."
Dr. Drew coronavirus supercut restored to YouTube after copyright takedown.
"Bharara, a former US attorney, and Boutrous, a high-profile attorney, were among the many who replied to defend or amplify Ali.
"You are safe from any 'copywrite' lawsuit, @yashar," Bharara tweeted. "Know your writes."
"Truth and fair use got you," Boutrous added in a tweet that quoted Pinsky's now-deleted threat.
It appears that either Pinsky or YouTube was inclined to agree. Sometime around noon Monday, give or take an hour, the YouTube video listing very quietly started working once again. Similarly, every message on Pinsky's @drdrew Twitter account relating to the video has been deleted."
Tuesday, April 7, 2020
Social distancing beer, CBD oil, and crop tops? Coronavirus-related applications pouring into U.S. trademark office.; The Philadelphia Inquirer, April 6, 2020
William Bender, The Philadelphia Inquirer; Social distancing beer, CBD oil, and crop tops? Coronavirus-related applications pouring into U.S. trademark office.
"Josh Gerben, a Washington trademark lawyer and founder of Gerben Law Firm, said he’d counted more than 120 coronavirus-related applications as of last week. More are coming in. Each application costs $275.
“I wasn’t that impressed with everybody’s, to be honest,” Gerben said. “There could be some more creativity out there.”...
Gerben said trademark applications are usually rejected once a word or phrase has become ubiquitous. On the other hand, an application such as Shelter in Paradise — a resort-hotel concept riffing on shelter-in-place directives — might have a better chance."
"Josh Gerben, a Washington trademark lawyer and founder of Gerben Law Firm, said he’d counted more than 120 coronavirus-related applications as of last week. More are coming in. Each application costs $275.
“I wasn’t that impressed with everybody’s, to be honest,” Gerben said. “There could be some more creativity out there.”...
Gerben said trademark applications are usually rejected once a word or phrase has become ubiquitous. On the other hand, an application such as Shelter in Paradise — a resort-hotel concept riffing on shelter-in-place directives — might have a better chance."
After a long legal struggle, Seattle band Thunderpussy is granted a U.S. trademark; The Seattle Times, April 5, 2020
Brendan Kiley, The Seattle Times; After a long legal struggle, Seattle band Thunderpussy is granted a U.S. trademark
"“There are a great many immoral and scandalous ideas in the world (even more than there are swearwords), and the Lanham Act covers them all,” Justice Elena Kagan wrote in the court’s opinion. “It therefore violates the First Amendment.” She also noted a lack of consistency in how the USPTO interpreted the Lanham Act, approving some trademarks and rejecting others that used the same potentially offensive language.
Kerr, Thunderpussy’s attorney, had argued the same point in his appeal to the USPTO.
“I mentioned over 40 trademark applications that had been accepted that included the word ‘pussy,’ ” he said. “Human discretion enters into the process, which is one person forming an opinion based on an internet search — but the implications for the band are enormous.”
The wheels of bureaucracy turned and, on April 4, Kerr finally received a letter from the USPTO granting Thunderpussy registered trademark number 6,021,338."
"“There are a great many immoral and scandalous ideas in the world (even more than there are swearwords), and the Lanham Act covers them all,” Justice Elena Kagan wrote in the court’s opinion. “It therefore violates the First Amendment.” She also noted a lack of consistency in how the USPTO interpreted the Lanham Act, approving some trademarks and rejecting others that used the same potentially offensive language.
Kerr, Thunderpussy’s attorney, had argued the same point in his appeal to the USPTO.
“I mentioned over 40 trademark applications that had been accepted that included the word ‘pussy,’ ” he said. “Human discretion enters into the process, which is one person forming an opinion based on an internet search — but the implications for the band are enormous.”
The wheels of bureaucracy turned and, on April 4, Kerr finally received a letter from the USPTO granting Thunderpussy registered trademark number 6,021,338."
In a first, China knocks U.S. from top spot in global patent race; Reuters, April 7, 2020
Stephanie Nebehay, Reuters; In a first, China knocks U.S. from top spot in global patent race
"China was the biggest source of applications for international patents in the world last year, pushing the United States out of the top spot it has held since the global system was set up more than 40 years ago, the U.N. patent agency said on Tuesday.
The World Intellectual Property Organization, which oversees a system for countries to share recognition of patents, said 58,990 applications were filed from China last year, beating out the United States which filed 57,840.
China’s figure was a 200-fold increase in just 20 years, it said. The United States had filed the most applications in the world every year since the Patent Cooperation Treaty system was set up in 1978.
More than half of patent applications - 52.4 % - now come from Asia, with Japan ranking third, followed by Germany and South Korea."
"China was the biggest source of applications for international patents in the world last year, pushing the United States out of the top spot it has held since the global system was set up more than 40 years ago, the U.N. patent agency said on Tuesday.
The World Intellectual Property Organization, which oversees a system for countries to share recognition of patents, said 58,990 applications were filed from China last year, beating out the United States which filed 57,840.
China’s figure was a 200-fold increase in just 20 years, it said. The United States had filed the most applications in the world every year since the Patent Cooperation Treaty system was set up in 1978.
More than half of patent applications - 52.4 % - now come from Asia, with Japan ranking third, followed by Germany and South Korea."
COVID-19 and Trade Secrets: Is Your Business Prepared to Protect its Trade Secrets While Your Employees Work From Home?; National Law Review, March 25, 2020
Sheppard Mullin Richter & Hampton LLP., National Law Review; COVID-19 and Trade Secrets: Is Your Business Prepared to Protect its Trade Secrets While Your Employees Work From Home?
"In response to the COVID-19 outbreak, many businesses (particularly those in states or cities under “stay home” orders) have implemented a work-from-home (“WFH”) directive for employees. It is important for businesses to address the security of their trade secrets in this new environment in order to reduce the risk of misappropriation. It is also important to reduce the risk that the trade secret status of information will be lost based on a failure to take reasonable steps to protect its secrecy. This article addresses some steps your business can consider taking to protect trade secrets accessible by employees who are now working at home. Even if your business had a WFH policy before the COVID-19 outbreak, it should be re-visited in light of the current circumstances flowing from a pandemic during which all or most of your workforce may be operating on a WFH basis. For example, what was once a “no trade secrets may be taken home” policy may be impossible in the current climate.
The following are a few potential steps for consideration to protect trade secrets in the hands of employees working at home:"
"In response to the COVID-19 outbreak, many businesses (particularly those in states or cities under “stay home” orders) have implemented a work-from-home (“WFH”) directive for employees. It is important for businesses to address the security of their trade secrets in this new environment in order to reduce the risk of misappropriation. It is also important to reduce the risk that the trade secret status of information will be lost based on a failure to take reasonable steps to protect its secrecy. This article addresses some steps your business can consider taking to protect trade secrets accessible by employees who are now working at home. Even if your business had a WFH policy before the COVID-19 outbreak, it should be re-visited in light of the current circumstances flowing from a pandemic during which all or most of your workforce may be operating on a WFH basis. For example, what was once a “no trade secrets may be taken home” policy may be impossible in the current climate.
The following are a few potential steps for consideration to protect trade secrets in the hands of employees working at home:"
Harry and Meghan's Archewell trademark suggests plan for non-profit empire Application filed in US ranges from awards to clothing to a health website; The Guardian, April 7, 2020
Caroline Davies, The Guardian; Harry and Meghan's Archewell trademark suggests plan for non-profit empire
Application filed in US ranges from awards to clothing to a health website
"The Duke and Duchess of Sussex appear to be planning a wide-ranging non-profit empire, including websites, films and their own awards, according to trademark applications lodged in the US under the name of Archewell.
The first clear indications of how Harry and Meghan intend to rebrand themselves as non-working royals are revealed in an extensive list published on the United States Patent and Trademark Office website.
Archewell, derived from the Greek word arche, meaning “sources of action”, was the inspiration for the name of their son, Archie Mountbatten-Windsor, the couple have revealed. It replaces the Sussex Royal brand they had originally trademarked in the UK, but were banned from using by Buckingham Palace.
The application, lodged on 3 March in Beverly Hills, covers items from educational materials, clothing, stationery and a nutrition and general health website, possibly modelled on Meghan’s successful The Tig lifestyle site, which she shut down following her engagement to Harry."
Listen to Hundreds of Free Audiobooks, From Classics to Educational Texts; Smithsonian Magazine, April 6, 2020
Theresa Machemer, Smithsonian Magazine; Listen to Hundreds of Free Audiobooks, From Classics to Educational Texts
"With classrooms closed due to COVID-19, millions of students across the United States are venturing into the realm of distance learning. To support these efforts, Amazon’s audiobook service, Audible, has launched an online collection of hundreds of free audiobooks primed for both education and entertainment.
"With classrooms closed due to COVID-19, millions of students across the United States are venturing into the realm of distance learning. To support these efforts, Amazon’s audiobook service, Audible, has launched an online collection of hundreds of free audiobooks primed for both education and entertainment.
The website doesn’t require a log-in, sign-up or payment information. To peruse Audible’s selection of novels, poetry and fables—from classics to modern favorites—simply click “Start Listening.”...
The Audible Stories website states, “For as long as schools are closed, we’re open.”
This goal is similar to that of the National Emergency Library, which—controversially—makes more than a million free books available for temporary download. Normally, the archive has about 2.5 million public domain books available for download without constraint. An additional 1.4 million copyrighted books are accessible to one reader at a time for a two-week borrowing period.
The Emergency Library removes that one-at-a-time restriction until the end of June, “or the end of the U.S. national emergency, whichever is later,” according to a statement. Backlash from authors and publishers has since framed the collection as internet piracy that violates intellectual property laws, but the campaign still has its fair share of supporters.
Audible’s offerings come without any of these concerns. So, if you enjoy audiobooks, the Audible Stories platform represents a straightforward option that can be enjoyed in conjunction with audiobook downloads offered by public libraries. Apple Books is also highlighting free book options, joining Audible Stories in a growing repertoire of at-home educational content."
Monday, April 6, 2020
Online Teaching During Pandemic Raises Copyright Concerns; Bloomberg Law, April 3, 2020
Matthew Bultman, Bloomberg Law; Online Teaching During Pandemic Raises Copyright Concerns
"The sudden shift to online teaching is raising a host of copyright questions for educators...
Allaying Teacher Fears
Hoping to provide guidance, a group of copyright specialists at colleges, universities and other organizations last month wrote a statement on fair use that was signed or endorsed by more than 200 experts. It has circulated among grade school educators as well.
Making course materials available to students during the pandemic will “almost always be a fair use,” the group wrote in the statement. Showing full-length movies or television shows can be more tricky, and the group encouraged instructors to use video through licensed services whenever possible.
“One of the reasons that this statement was put together was to address and allay some of the fears that faculty, students, and librarians are facing when rapidly shifting to moving their courses online,” said Sara Benson, a copyright librarian and assistant professor at the University of Illinois.
The group also put together a list of video and other content that publishers have made available for free—called “Vendor Love In The Time Of Covid”—during the outbreak. Copyright specialists have also held informational “Virtual Copyright Office Hours” on Zoom.
“We want to make copyright the least of your concerns,” Courtney said. “Be worried about your students, their health, their welfare, because that’s most important.”"
Thursday, April 2, 2020
Managing Intellectual Property in a Crisis (Part 2); JDSupra, April 1, 2020
Joseph Falcon, III, JDSupra; Managing Intellectual Property in a Crisis (Part 2)
"(Note: This is the second of a three-part series stressing the importance of intellectual property protection in difficult economic times. You can read Part 1 here, and watch for Part 3 tomorrow.)
Maintaining intellectual property first requires identification of intellectual property your business already possesses. Intellectual property rights are classified into various categories, each protectable by different legal instruments such as patent, copyright, trademark and trade secret...
These items for patents, copyrights or trademarks are general, but each business likely will have specific questions on how they can apply to each business."
Managing Intellectual Property in a Crisis (Part 1); JDSupra, March 31, 2020
Joseph Falcon, III, JDSupra; Managing Intellectual Property in a Crisis (Part 1)
"Businesses are often not aware that they own intellectual property that generally provides the owner exclusionary rights, which are critical to any business that wants to commercialize their product or services in view of competition. Therefore, those companies that appropriately manage intellectual property rights create improved opportunities to protect and exploit these rights as assets, especially in an economic crisis or downturn. Developing and maintaining intellectual property, as a management strategy, has proven to be an effective tool for any company and having such a strategy may be essential for a business to gain and maintain a competitive advantage, especially in today’s economy."
Wednesday, April 1, 2020
Music Copyright Infringement Is Beginning To Make Sense Again; Forbes, April 1, 2020
Bobby Owsinski, Forbes; Music Copyright Infringement Is Beginning To Make Sense Again
"But finally there is some indication that sanity may be returning to the courtroom when it comes to music copyright infringement...
This is a feel-good story if I ever heard one, except for the mental anguish and time that the people of Burbank High School had to endure. I get it that a copyright holder is trying to protect its rights. Publishers and songwriters deserve to get paid, and I don't think anyone questions that. Suing a school over a fundraiser is not going to make you many friends, however.
"But finally there is some indication that sanity may be returning to the courtroom when it comes to music copyright infringement...
This is a feel-good story if I ever heard one, except for the mental anguish and time that the people of Burbank High School had to endure. I get it that a copyright holder is trying to protect its rights. Publishers and songwriters deserve to get paid, and I don't think anyone questions that. Suing a school over a fundraiser is not going to make you many friends, however.
The bottom line is that common sense now seems to prevail when it comes to music copyright infringement cases, and it’s about time. May it continue this way for a long time."
Copyright Alliance blasts Internet Archive’s Emergency Library launch as “vile”; ZDNet, March 31, 2020
Charlie Osborne, ZDNet; Copyright Alliance blasts Internet Archive’s Emergency Library launch as “vile”
"The Authors Guild said that COVID-19 has been used "as an excuse to push copyright law further out to the edges" which, in turn, is causing authors that are already struggling to pay the bills additional harm...
The National Emergency Library opened to help learners “displaced” by COVID-19.
"The Authors Guild said that COVID-19 has been used "as an excuse to push copyright law further out to the edges" which, in turn, is causing authors that are already struggling to pay the bills additional harm...
"Acting as a piracy site -- of which there already are too many -- the Internet Archive tramples on authors' rights by giving away their books to the world," the group says.
More criticism has come in the form of comments made by the Copyright Alliance, an organization that represents the rights of those in creative industries including authors and artists. CEO Keith Kupferschmid noted that creators are among the hardest hit at present, and while projects have been set up to help those in these industries, the executive said IA's project is making "things much worse for those that need our help.""
Who Owns the Copyright to Tattoos? A Court Issues a Landmark Ruling Over LeBron James and Other NBA Stars’ Right to License Their Body Art; artnet news, March 30, 2020
Taylor Dafoe, artnet news; Who Owns the Copyright to Tattoos? A Court Issues a Landmark Ruling Over LeBron James and Other NBA Stars’ Right to License Their Body Art
"The US district court judge came down on the side of the video game company, writing that the “tattooists necessarily granted the Players nonexclusive licenses to use the Tattoos as part of their likenesses.”...
LeBron James says he has the right to license his own likeness, and that includes his tattoos.
"The US district court judge came down on the side of the video game company, writing that the “tattooists necessarily granted the Players nonexclusive licenses to use the Tattoos as part of their likenesses.”...
The judge ultimately agreed with James when she “effectively decided that the right of the athletes to license their likeness was not enslaved by the copyright interests of those artists that had inked the athletes,” Amelia Brankov, a copyright lawyer not involved in the case, told Artnet News...
Whether or not the decision will impact future cases on body art is still to be seen, but Brankov notes that there are several other pending cases against video game publishers that pertain to tattoos.
“While other courts are not obligated to follow her reasoning, [this judge’s] decision could be a harbinger of dismissals in other cases,” Brankov says."
Tuesday, March 31, 2020
A Revolution in Science Publishing, or Business as Usual?; UNDARK, March 30, 2020
Michael Schulson, UNDARK; A Revolution in Science Publishing, or Business as Usual?
"Some advocates see corporate open-access as a pragmatic way of opening up research to the masses. But others see the new model as a corruption of the original vision — one that will continue to funnel billions of dollars into big publishing companies, marginalize scientists in lower income countries, and fail to fix deeper, systemic problems in scientific publishing.
As it stands, all trends point to an open-access future. The question now is what kind of open-access model it will be — and what that future may mean for the way new science gets evaluated, published, and shared. “We don’t know why we should accept that open access is a market,” said Dominique Babini, the open-access adviser to the Latin American Council of Social Sciences and a prominent critic of commercial open-access models. “If knowledge is a human right, why can’t we manage it as a commons, in collaborative ways managed by the academic community, not by for-profit initiatives?”"
"Some advocates see corporate open-access as a pragmatic way of opening up research to the masses. But others see the new model as a corruption of the original vision — one that will continue to funnel billions of dollars into big publishing companies, marginalize scientists in lower income countries, and fail to fix deeper, systemic problems in scientific publishing.
As it stands, all trends point to an open-access future. The question now is what kind of open-access model it will be — and what that future may mean for the way new science gets evaluated, published, and shared. “We don’t know why we should accept that open access is a market,” said Dominique Babini, the open-access adviser to the Latin American Council of Social Sciences and a prominent critic of commercial open-access models. “If knowledge is a human right, why can’t we manage it as a commons, in collaborative ways managed by the academic community, not by for-profit initiatives?”"
Monday, March 30, 2020
Stay Away; No Trademark For Social Distancing And Other Informational Terms; JDSupra, March 23, 2020
Weintraub Tobin and Scott Hervey, JD Supra; Stay Away; No Trademark For Social Distancing And Other Informational Terms
"The trademark examiner assigned to an application to register SOCIAL DISTANCING will likely refuse registration because it fails to function as a trademark because it merely conveys an informational message. Where a term is merely informational, the context of its use in the marketplace would cause consumers to perceive the term as merely conveying an informational message, and not a means to identify and distinguish goods/services from those of others...
"The trademark examiner assigned to an application to register SOCIAL DISTANCING will likely refuse registration because it fails to function as a trademark because it merely conveys an informational message. Where a term is merely informational, the context of its use in the marketplace would cause consumers to perceive the term as merely conveying an informational message, and not a means to identify and distinguish goods/services from those of others...
Some examples of proposed marks that have been denied registration on the grounds of being merely information or a widely used message are: ITS TACO TUESDAY for clothing, I LOVE YOU for jewelry, BLACK LIVES MATTER for a wide variety of goods and services, THINK GREEN for products advertised to be recyclable and to promote energy conservation, and DRIVE SAFELY for automobiles.
The trademark examiner would contend that the proposed mark, SOCIAL DISTANCING, merely conveys an expression of support for the ideas embodied in the message, that maintaining a certain distance between individuals is a measure people can take to slow the rapid spread of the coronavirus, as opposed to rather than an indicator of a single source of goods or services. In support of the refusal to register, the trademark examiner would introduce evidence from the CDC and other sources discussing the benefits of social distancing in slowing down the spread of coronavirus."
A Cosmic Copyright Conundrum: ‘Star Trek,’ Space Force, SCOTUS and Blackbeard’s Shipwreck: IPWatchdog, March 28, 2020
Yitzchak Besser, IPWatchdog; A Cosmic Copyright Conundrum: ‘Star Trek,’ Space Force, SCOTUS and Blackbeard’s Shipwreck
"A Cosmic Conundrum
"A Cosmic Conundrum
To unpack the result of this decision, let’s return to space. In a hypothetical scenario in which a private citizen infringed on the Star Trek copyrights, ViacomCBS could easily bring a lawsuit against them. If ViacomCBS believes that the Space Force seal infringes on its copyrights, then it can sue the U.S. government. But if a hypothetical North Carolina Space Force decided to use the Starfleet seal without permission, then ViacomCBS would be left without recourse against the state government.
To paraphrase Justice Breyer, something certainly seems “amiss” about this disparity. As he suggested in his concurrence, this case creates the potential for quite the cosmic copyright conundrum."
Sunday, March 29, 2020
Internet Archive offers 1.4 million copyrighted books for free online; Ars Technica, March 28, 2020
Timothy B. Lee, Ars Technica; Internet Archive offers 1.4 million copyrighted books for free online
Massive online library project is venturing into uncharted legal waters.
""The Internet Archive will suspend waitlists for the 1.4 million (and growing) books in our lending library by creating a National Emergency Library to serve the nation’s displaced learners," the Internet Archive wrote in a Tuesday post. "This suspension will run through June 30, 2020, or the end of the US national emergency, whichever is later."
The Tuesday announcement generated significant public interest, with almost 20,000 new users signing up on Tuesday and Wednesday. In recent days, the Open Library has been "lending" 15,000 to 20,000 books per day.
“The library system, because of our national emergency, is coming to aid those that are forced to learn at home,” said Internet Archive founder Brewster Kahle. The Internet Archive says the program will ensure students are able to get access to books they need to continue their studies from home during the coronavirus lockdown."
Friday, March 27, 2020
Over 24,000 coronavirus research papers are now available in one place; MIT Technology Review, March 16, 2020
Karen Hao, MIT Technology Review; Over 24,000 coronavirus research papers are now available in one place
"The news: Today researchers collaborating across several organizations released the Covid-19 Open Research Dataset (CORD-19), which includes over 24,000 research papers from peer-reviewed journals as well as sources like bioRxiv and medRxiv (websites where scientists can post non-peer-reviewed preprint papers). The research covers SARS-CoV-2 (the scientific name for the coronavirus), Covid-19 (the scientific name for the disease), and the coronavirus group. It represents the most extensive collection of scientific literature related to the ongoing pandemic and will continue to update in real time as more research is released."
The data set aims to accelerate scientific research that could fight the Covid-19 pandemic.
"The news: Today researchers collaborating across several organizations released the Covid-19 Open Research Dataset (CORD-19), which includes over 24,000 research papers from peer-reviewed journals as well as sources like bioRxiv and medRxiv (websites where scientists can post non-peer-reviewed preprint papers). The research covers SARS-CoV-2 (the scientific name for the coronavirus), Covid-19 (the scientific name for the disease), and the coronavirus group. It represents the most extensive collection of scientific literature related to the ongoing pandemic and will continue to update in real time as more research is released."
Wednesday, March 25, 2020
Updates Regarding COVID-19 Impacts on Trademark Operations at the USPTO; The National Law Review, March 24, 2020
Abe Jentry Shanehsaz, Faegre Drinker Biddle & Reath LLP, The National Law Review; Updates Regarding COVID-19 Impacts on Trademark Operations at the USPTO
"As we continue to watch the effects of COVID-19 on our communities, it is impossible not to be struck by the scale of school closures and shuttered businesses, as well as the swift transitions made to accommodate mass teleworking nearly overnight. We have seen various government agencies offering late fee forgiveness, deadline extensions, and a plethora of other accommodations in light of the unique challenges presented by the novel virus.
When considering how COVID-19 might impact trademarks here in the United States, there are two important things to keep in mind:..."
"As we continue to watch the effects of COVID-19 on our communities, it is impossible not to be struck by the scale of school closures and shuttered businesses, as well as the swift transitions made to accommodate mass teleworking nearly overnight. We have seen various government agencies offering late fee forgiveness, deadline extensions, and a plethora of other accommodations in light of the unique challenges presented by the novel virus.
When considering how COVID-19 might impact trademarks here in the United States, there are two important things to keep in mind:..."
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