U.S. top court refuses to hear Redskins trademark appeal; Reuters, 10/3/16

Lawrence Hurley, Reuters; U.S. top court refuses to hear Redskins trademark appeal:

"The U.S. Supreme Court on Monday declined to hear an appeal by the Washington Redskins challenging a federal agency's decision to cancel the National Football League team's trademarks after finding the name disparaging to Native Americans.

While the justices refused to hear the team's appeal, the issues it raises are part of another case that the court last week agreed to hear involving the Oregon-based Asian-American rock band The Slants whose bid for trademark protection of its name was denied by the U.S. Patent and Trademark Office.

Both the band and the team have argued that a 1946 federal law barring trademarks on racial slurs violates free speech rights under the U.S. Constitution's First Amendment.

The Supreme Court opted not to hear the Redskins' appeal of a federal judge's ruling in July 2015 that upheld the Patent and Trademark Office's 2014 decision to cancel six trademarks held by the team and provided another victory for Native American activists pressing the franchise to change its name."

Tito's Tacos to change name following trademark tangle; Brattleboro Reformer, 10/3/16

Robert Audette, Brattleboro Reformer; Tito's Tacos to change name following trademark tangle:

"Victoroff requested that the Reformer "immediately remove the aforementioned infringing material from its website, immediately notify the source of the infringing content of this notice, inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to The Brattleboro Reformer News website in the future."

The Reformer has declined to take down the picture on First Amendment grounds.

In a response, Fredric D. Rutberg, the president of New England Newspapers Inc., which owns the Reformer, refused to remove the picture from the Reformer's website.

"The photo in question depicts a local food vendor whose sign identifies his business as Tito's Tacos," wrote Rutberg. "While this use of the name Tito's Tacos may indeed infringe on your client's registered trademark, it is our opinion that the photo in question does not constitute an infringement of your client's trademark. At best it is a 'fair use' of trademarked material."

"Tito's greatly respects your newspaper's First Amendment rights of free speech," Victoroff responded in an email to Rutberg, "but the use of its trademarked name in the [photo and news story] seriously dilutes and erodes its trademark. ... Every day the Tito's Tacos family must defend and protect its trademark rights from death by 1,000 cuts or risk losing its name and trademark.""

Big Week For WIPO Marrakesh Treaty On Access For Visually Impaired; Human Rights Side Under Focus; Intellectual Property Watch, 10/3/16

William New, Intellectual Property Watch; Big Week For WIPO Marrakesh Treaty On Access For Visually Impaired; Human Rights Side Under Focus:

"Prof. Laurence Helfer of Duke University Law School, one of the authors asked by the WBU to draft the implementation guide, said in an interview that the hope is the treaty “will not be seen as only an IP treaty, but also as an agreement that uses copyright to achieve human rights objectives. Marrakesh is thus one of the first treaties that is focused on the public interest side of IP law.”

Fellow guide author Prof. Molly Land, a human rights law professor at the University of Connecticut, said there is a connection between the Marrakesh Treaty and human rights treaties, such as the Committee on the Rights of Persons with Disabilities (CRPD). They are looking at how “ratifying and implementing the treaty is one way that states can fulfil their obligations under these other human rights instruments.”

“At the crossroads of human rights and IP, it’s really important to be able to see the treaty in light of both regimes,” she said. “Both in interpreting it, and also in implementation. States have commitments under both IP treaties and human rights treaties, and the guide is about how states can bring those together in implementation.”"

Libraries, Orphan Works, and the Future of Copyright; Information Today, 10/4/16

Nancy K. Herther, Information Today; Libraries, Orphan Works, and the Future of Copyright:

"Harvard Library recently released a comprehensive literature review on orphan works and copyright in “an attempt to solve the legal complexities of the orphan works problem by identifying no-risk or low-risk ways to digitize and distribute orphan works under U.S. copyright law. The project’s goal is to help clear the way for U.S. universities, libraries, archives, museums, and other cultural institutions to digitize their orphan works and make the digital copies open access.”

The review, “Digitizing Orphan Works: Legal Strategies to Reduce Risks for Open Access to Copyrighted Orphan Works,” was written by David Hansen, clinical assistant professor of law and faculty research librarian at the UNC (University of North Carolina) School of Law. Its goal is to “change the face of the orphan-works problem in the United States.”"

Library offers workshop ‘Copyright and Fair Use for Graduate Students’; University of Delaware, 9/28/16

UDaily Staff, University of Delaware; Library offers workshop ‘Copyright and Fair Use for Graduate Students’ :

"The University of Delaware Library is offering a Nov. 17 workshop on “Copyright and Fair Use for Graduate Students,” which will deal with the practical application of copyright law and its fair use provisions.

Considering copyright at the beginning of the research process will simplify the completion of the degree requirements for graduate students. Attendees will learn why and when copyright is important to scholars – researchers, writers and teachers – and these important skills:

• How to determine when permission is needed to use an excerpt or image;

• How to obtain permission; what to do when permission to use an image or excerpt cannot be obtained; and

• How to evaluate if fair use may be an appropriate defense for your use of material protected by copyright...

The workshop is available at no charge is open to University of Delaware faculty, staff and students."

Thanks to copyright law, Donald Trump Jr.’s controversial Skittles photo is now gone; Boston Globe, 9/28/16

Nicole Hernandez, Boston Globe; Thanks to copyright law, Donald Trump Jr.’s controversial Skittles photo is now gone:

"Copyrights: Even in the digital age, you must respect them.

Donald Trump Jr.’s controversial Skittles image that was tweeted last week has been taken down after a report from the copyright holder, according to a message that now replaces the photo."

Warning: This article on trademarks may include language deemed ‘scandalous, immoral or disparaging’; Washington Post, 9/30/16

Fred Barbash, Washington Post; Warning: This article on trademarks may include language deemed ‘scandalous, immoral or disparaging’ :

"It is a law called the Lanham Act that gives the federal government the power to refuse to register or to cancel trademarks deemed scandalous, immoral or disparaging — let’s call it SIOD for short.

On the basis of that law, the United States Patent and Trademark Office, for example, determined that Redskins, as in Washington Redskins, was SIOD and canceled its trademark...

The primary purpose of the 1905 Trade Mark Act, later reenacted as the Lanham Act in 1946, is twofold, as Carpenter and Murphy wrote in their law review article, “including lessening of consumer search costs and encouraging producers of goods and services ‘to invest in quality by ensuring that they, and not their competitors, reap the reputation-related rewards of that investment,’ thereby protecting consumers from deceptive practices.”...

What is SIOD?

“It is always going to be just a matter of the personal opinion of the individual parties as to whether they think it is disparaging,” said the PTO’s assistant commissioner in 1939, as he explained his own discomfort."