Professor analyzing decades of data to determine patent value; University of Kansas, 8/30/16

University of Kansas; Professor analyzing decades of data to determine patent value:

"For more than two centuries, patents have been considered a key governmental policy tool for economic innovation. And for just as long numerous assumptions have been made about what they mean to an innovation’s value, where the most important ones are litigated and numerous other questions. A University of Kansas law professor is part of a project that is providing definitive answers to these and other patent questions for policy makers through a unique, big-data approach.

Andrew Torrance, the Earl B. Schurtz Research Professor at the University of Kansas School of Law, and colleagues have developed an approach to analyze mountains of detailed U.S. patent data from 1976 to the present day. One application of their research, commissioned by Canada's Ministry of Innovation, has been a comprehensive analysis of how patents having either Canadian inventors or owners compare with those without such connections. One of their most striking findings is that patents listing at least one Canadian inventor are more than 15 percent more valuable, on average, than other patents."

Redskins, rock band battle government in trademark fight; Washington Post, 9/19/16

Sam Hananel, Washington Post; Redskins, rock band battle government in trademark fight:

"Simon Tam has openly criticized the Washington Redskins team name as a racist slur that demeans Native Americans.

But Tam and his Asian-American rock band, The Slants, find themselves on the same side as the NFL franchise in a First Amendment legal battle over trademark protection for names that some consider offensive. The Supreme Court could decide as early as this month whether to hear the dispute involving the Portland, Oregon-area band. And if the football team has its way, the justices could hear both cases in its new term. At issue is a constitutional challenge to a law barring the U.S. Patent and Trademark Office from registering trademarks that disparage minority groups. The office denied a trademark to the Slants in 2011 after finding the name disparaged people of Asian descent.

McGregor beaten to the punch as 'IP squatter' files trademark claim; Irish Independent, 9/18/16

Simon Rowe, Irish Independent; McGregor beaten to the punch as 'IP squatter' files trademark claim:

"Tabassum Gazala Khan has gone on a spending spree since July in an apparent bid to acquire valuable commercial IP linked to the UFC star.

Ms Khan spent €3,150 applying for an EU trademark for 'Conor McGregor The Notorious' - just days after shelling out Stg£500 (€590) on three UK trademark applications for 'The Notorious Conor McGregor', 'Conor The Notorious McGregor' and 'Conor McGregor The Notorious'. She has also registered the following websites: conormcgregor thenotorious.com, conorthenotoriousmcgregor.com and thenotoriousconormcgregor.net

The EU trademark application covers 17 classes of IP, which would enable Ms Khan to cash in on McGregor's name on products including aftershave, computer games, mugs and beer.

Legal experts predict McGregor will apply immediately to have the application declared invalid on the basis of 'bad faith'."

Swatch succeeds in trademark case over Apple 'iWatch'; BBC, 9/13/16

BBC; Swatch succeeds in trademark case over Apple 'iWatch' :

"The UK's Intellectual Property Office (IPO) upheld Swatch's opposition, which was filed in March 2014...

"This decision shows the difficulty global brands can have when it comes to launching a new product around the world," said Sharon Daboul, a trademark lawyer at law firm EIP.

"Trademarks are territorial, which means that a trademark must be available for registration in every country of interest."

Not being able to secure the iWatch trademark around the world would have been a "key factor", Ms Daboul added, in Apple's decision not to use the name for its smartwatch."

Oprah Winfrey beats 'Own Your Power' trademark appeal; Reuters, 9/16/16

Jonathan Stempel, Reuters; Oprah Winfrey beats 'Own Your Power' trademark appeal:

"Oprah Winfrey, the media mogul and former talk show host, on Friday defeated an appeal in a trademark lawsuit over her use of the phrase "Own Your Power" in her namesake magazine and on television, websites and social media.

The 2nd U.S. Circuit Court of Appeals in Manhattan said the plaintiff, Simone Kelly-Brown, a motivational speaker and business coach, and her company, Own Your Power Communications Inc, did not show that Winfrey's use of "Own Your Power" confused people.

The court also said the phrase "Own Your Power" was "not distinctive" and thus lacked independent trademark protection.

Kelly-Brown registered a "design mark" for "own your power" in a stylized light-blue script with the U.S. Patent and Trademark Office in May 2008."

Revised IP/copyright policy being readied; University Times, 9/15/16

Kimberly K. Barlow, University Times; Revised IP/copyright policy being readied:

"A proposed new intellectual property and copyright policy is expected to be ready for faculty review next month.

Jennifer E. Woodward, associate vice provost for research operations, told the University Senate research committee last week that an IP/copyright policy would be in the hands of the chancellor and provost this week.

“Unless they have an issue with it, we anticipate it going very soon then through the faculty review process,” she said, adding that it’s possible that the draft policy could be on the Senate research committee’s Oct. 7 agenda.

A provost’s committee headed by Vice Provost for Research Mark Redfern (www.policyreview.pitt.edu) has been working for more than a year to revise University policies (see March 3 University Times) to help faculty work with outside partners and translate their research more effectively.

Woodward said that the draft policy covers both patent and copyright policy issues. “They’ve been woven in a way that one policy speaks appropriately to both,” she said."

Commemorating the Lanham Act’s 70th; Politico, 9/14/16

Li Zhou, Politico; Commemorating the Lanham Act’s 70th:

[Kip Currier: I attended this reception recognizing the 70th year since the signing of the 1946 Lanham Act (the U.S. federal trademark statute). In highlighting the benefits of the trademark system, the speakers raised some powerful points about the impacts of counterfeit goods--such as Sen. Chuck Grassley's example of implantable medical devices--on public health and safety. Earlier in the day, at the "American Bar Association's Intellectual Property Law 4th Annual Trademark Day: Behind the Scenes at the USPTO", a speaker raised the similarly chilling example of counterfeit ball bearings in commercial airplanes. Compelling cases for ensuring product quality and brand authenticity and identification.]

"The U.S. Chamber of Commerce’s Global Intellectual Property Center will present framed copies of the 70-year-old federal trademark law to the co-chairs of the Congressional Trademark Caucus: Sens. Chuck Grassley (R-Iowa) and Chris Coons (D-Del.), and Reps. Suzan DelBene (D-Wash.) and Randy Forbes (R-Va.)."