How to rethink what’s ‘top secret’ for the Internet age; Washington Post, 12/16/16

Dianne Feinstein, Washington Post; How to rethink what’s ‘top secret’ for the Internet age:

"Rooted in a paper-based era, the existing classification system has become so complex and distorted that it no longer serves its fundamental goals: sharing secrets with our allies and partners while safeguarding this information from adversaries who would do us harm...

We may never fully eliminate the tendency of reviewers to overclassify information. But by working to implement these solutions, we can begin to change the dynamic. At the heart of this issue are dedicated government employees who truly want to do the right thing, and there’s an obvious natural instinct to protect secrets. But classification should shield secrets, not bury them."

EFF to Supreme Court: Trademarks are Not Government Speech; Electronic Frontier Foundation (EFF), 12/16/16

Daniel Nazer, Electronic Frontier Foundation (EFF); EFF to Supreme Court: Trademarks are Not Government Speech:

"Today, together with the Thomas Jefferson Center for the Protection of Freedom of Expression, EFF submitted an amicus brief in Lee v. Tam. Our brief discusses an unusual but important question: are registered trademarks government expression? It is important to get the dividing line between government and private speech correct. This is because, while the government doesn’t get to control what you say, it does get to control what it says. As we argue in our brief, categorizing registered trademarks as government expression would threaten speech in many other areas.

The case involves a rock band from California called The Slants."

Trademarks Coast to Coast, Guest blog by Commissioner for Trademarks Mary Boney Denison; Director's Forum: A Blog from USPTO's Leadership, 12/8/16

Director's Forum: A Blog from USPTO's Leadership; Trademarks Coast to Coast, Guest blog by Commissioner for Trademarks Mary Boney Denison:

"USPTO regional offices support the agency’s mission of fostering innovation by serving their regions’ intellectual property (IP) communities, assisting local businesses, and educating the public about the importance of IP. Regional office staff, in addition to USPTO trademark staff from headquarters, provide the public with full access to trademark information and resources in their local communities. This year, I visited all four regional offices: Denver and Silicon Valley in the fall, and Dallas and Detroit earlier in the year. During these visits, I had the chance to meet with USPTO employees, hear from local businesses, inventors, and IP practitioners about their concerns, and hold events on the importance of trademarks."

US Finds Existing Copyright Law Suited For Software Embedded In Everyday Products; Intellectual Property Watch, 12/16/16

Intellectual Property Watch; US Finds Existing Copyright Law Suited For Software Embedded In Everyday Products:

"The United States Copyright Office has released a study that finds that existing copyright laws are sufficient to cover issues arising over software embedded in everyday consumer products. But it does call for some flexibility for consumers to tinker with their devices.

The report, which followed hearings and research in the field, is available here. The report was requested by Sens. Charles Grassley (R-Iowa) and Patrick Leahy (D-Vermont), the chair and ranking member of the Senate Judiciary Committee."

Who Will Head the Patent and Trademark Office Under Trump?; Inside Counsel, 12/15/16

Scott Graham, Inside Counsel; Who Will Head the Patent and Trademark Office Under Trump? :

"Michelle Lee’s tenure as undersecretary of commerce for intellectual property is scheduled to conclude in January. While it’s not out of the question that she could continue in the role under Trump, observers see it as unlikely because of her past association with the Silicon Valley technology community and Google Inc., where she was head of patents and patent strategy before joining the PTO. Trump has a chilly relationship with tech and—while he said little about patent policy during the campaign—he is expected to favor a candidate who supports stronger patent rights...

Harter has speculated that Vice President-elect Mike Pence could hold some sway on IP policy. As a congressman Pence was skeptical of patent reform measures, though he voted for the America Invents Act. Pence also figures to be fluent with the IP issues of pharmaceutical companies given Eli Lilly & Co.’s presence in Indianapolis."

Vegas Golden Knights' trademark request denied by U.S. patent office; Associated Press via ESPN, 12/8/16

Associated Press via ESPN; Vegas Golden Knights' trademark request denied by U.S. patent office:

"The U.S. Patent and Trademark Office has denied the Vegas Golden Knights' trademark application a little more than two weeks after the new NHL franchise unveiled its name and logo.

The office on Wednesday cited potential confusion with the team name for the College of Saint Rose in New York, which is also the Golden Knights. The Las Vegas franchise is set to take the ice next season...

The patent office said the similarities were too many to overlook.

"In this case, the marks are identical in part, sharing the same dominant wording and overall commercial impression," the office said in denying the application. "The nature of the applicant's and registrant's services is similar; both offer sports entertainment of a kind available in the same venues, broadcast on television, and are generally available to the same class of consumers. Accordingly, the examining attorney concludes that there is a likelihood of confusion between the applicant's and registrant's marks.""

Michael Jordan wins a tough copyright case in China; Associated Press via CBS News, 12/8/16

Associated Press via CBS News; Michael Jordan wins a tough copyright case in China:

[Kip Currier: This article is another example of confusion of trademark with copyright. It's clearly a trademark case from the facts: the dispute hinges on ownership rights to Michael Jordan's name, which is a trademark issue governed by trademark laws. But notice the headline "...tough copyright case..." and back-and-forth mentions of trademark and copyright.]

"Basketball legend Michael Jordan now owns his Chinese name, after China’s highest court sided with him Thursday following a years-long legal battle over a trademark dispute.

The former NBA star has fought a Chinese sportswear maker since 2012 over the name “Qiaodan,” pronounced “CHEEOW-dan,” the transliteration of “Jordan” in Mandarin.

Qiaodan Sports, a company based in southern China, had registered the trademark under which it was selling its own shoes and sportswear...

The case reflects the difficulties foreign individuals and companies face in protecting their copyrights in China, where domestic firms have long taken a cavalier attitude toward intellectual property."