Patents Are A Big Part Of Why We Can’t Own Nice Things: the Supreme Court Should Fix That; Electronic Frontier Foundation (EFF), March 21, 2017

Kerry Sheehan, Electronic Frontier Foundation (EFF); 

Patents Are A Big Part Of Why We Can’t Own Nice Things: the Supreme Court Should Fix That

"Today, the Supreme Court heard arguments in a case that could allow companies to keep a dead hand of control over their products, even after you buy them.  The case, Impression Products v. Lexmark International, is on appeal from the Court of Appeals for the Federal Circuit, who last year affirmed its own precedent allowing patent holders to restrict how consumers can use the products they buy. That decision, and the precedent it relied on, departs from long established legal rules that safeguard consumers and enable innovation."

A Scholarly Sting Operation Shines a Light on ‘Predatory’ Journals; New York Times, March 22, 2017

Gina Kolata, New York Times; 

A Scholarly Sting Operation Shines a Light on ‘Predatory’ Journals

"The open-access business model spawned a shadowy world of what have been called predatory journals. They may have similar names to legitimate journals, but exist by publishing just about anything sent to them for a fee that can range from under $100 to thousands of dollars."

Public Meeting on Consumer Messaging in Connection with Online Transactions Involving Copyrighted Works from 1 p.m. - 5 p.m. ET on April 18, 2017

Copyright Alert

Consumer Messaging in Connection with Online Transactions Involving Copyrighted Works

The U.S. Department of Commerce’s Internet Policy Task Force will host a public meeting on Consumer Messaging in Connection with Online Transactions Involving Copyrighted Works from 1 p.m. - 5 p.m. ET on April 18, 2017 at the U.S. Patent and Trademark Office’s headquarters in Alexandria, Virginia. The meeting will be webcast, and members of the public will have opportunities to participate. In its January 2016 White Paper on Remix, First Sale, and Statutory Damages, the Task Force concluded that when consumers download copies of works (such as eBooks, music, and motion pictures), they do not appear to have a clear understanding of what they can legally do with those copies. It also determined that consumers may benefit from having more information about the nature of their transactions related to copyrighted works delivered online—including whether they are paying for access to content or for ownership of a copy—to instill greater confidence and enhance participation in the online marketplace.  The Task Force is therefore convening this meeting to facilitate a dialogue about ways to improve consumers’ understanding of license terms and restrictions in connection with online transactions involving copyrighted works. The goal is to explore issues and facilitate a discussion, and to determine in what ways government can be of assistance. Please note, for those attending the event in person in Alexandria, registration is required. Registration is free. The meeting will be open to members of the public to attend, space permitting, on a first-come, first-served basis. Register to attend. Visit the USPTO's event page for more details and webcast information. For non-press inquiries, please contact Linda Quigley, Attorney-Adviser, Office of Policy and International Affairs (Copyright), USPTO, at linda.quigley@uspto.gov.

Why Trademarking a Scent is Actually Really Hard; Inside Counsel, March 22, 2017

Amanda Ciccatelli, Inside Counsel; 

Why Trademarking a Scent is Actually Really Hard

"“The biggest challenge for registering scents is that they can be subjective and therefore very difficult to register,” said Marjure. “Perception of smell can be a very individual human experience.  Sometimes the smell can even cause a negative or unpleasant reaction.”"

Adidas Trademark War Means Three Stripes And You’re in Court; Bloomberg, March 15, 2017

Kim Bhasin, Bloomberg; Adidas Trademark War Means Three Stripes And You’re in Court

"Oftentimes, Whitney said, labels count on companies to back down over trademark issues, since they usually don’t think a legal war is worth the trouble.

Not this time."

One Way To Force Down Drug Prices: Have The U.S. Exercise Its Patent Rights; NPR, March 16, 2017

Alison Kodjak, NPR; 

One Way To Force Down Drug Prices: Have The U.S. Exercise Its Patent Rights

"...Trump already has a weapon he could deploy to cut the prices of at least some expensive medications.

That weapon is called "march-in rights."...

...[L]ower prices could also make drug companies less eager to invest lots of money in new medications.

That's the trade-off the government has always had to wrestle with. But it's one Trump could very well decide is worthwhile.

"Perhaps we as a country would rather have lower drug prices and a little less innovation," [Sara Fisher] Ellison [an economist at MIT] said."

Coachella Organizers Suing Urban Outfitters for Trademark Infringement; Rolling Stone, March 17, 2017

Ryan Reed, Rolling Stone; 

Coachella Organizers Suing Urban Outfitters for Trademark Infringement

"Coachella Valley Music and Arts Festival and promoters Goldenvoice are suing Urban Outfitters for trademark infringement and unfair competition, among other claims. In a complaint filed Tuesday in the U.S. Central District Court of California, the companies assert that the retail chain improperly used variations of the long-running fest's name and trademark branding design for clothes sold by Urban Outfitters' Free People line."