Tuesday, May 30, 2017

Supreme Court decision allows resale of used ink cartridges despite patent holder restriction; ABA Journal, May 30, 2017

Debra Cassens Weiss, ABA Journal; Supreme Court decision allows resale of used ink cartridges despite patent holder restriction

"A patent holder that restricts the reuse or resale of its printer ink cartridges can’t invoke patent law against a remanufacturing company that violates the restriction, the U.S. Supreme Court ruled on Tuesday.

The court ruled that Lexmark International’s patent rights are exhausted with its first sale of the cartridges, despite restrictions it tried to impose."

Intellectual Property (IP) Through Stories; BananaIP.com, May 2017

BananaIP.com; Intellectual Property (IP) Through Stories

"Storytelling Based Corporate IP Training and Knowledge Development Program
“You may forget a concept or a principle, but you will never forget a well told story.”
BananaIP offers story based intellectual property training and knowledge development programs for corporates and businesses. Unlike the standard IP training programs, which are typically delivered through talks, presentations and cases, BananaIP’s IP through Stories Program teaches IP concepts and skills through creative and interactive storytelling. Program participants will learn basic and advanced concepts of IP through entertaining, educative and imaginative stories told by some of the leading experts in the field.
Over the years, BananaIP’s Team of experts and Trainers have taught more than ten thousand corporates at different levels in the organization structure from CEOs to Fresh Recruits. The IP through Stories Program takes that experience a step forward by integrating innovative IP teaching techniques with storytelling."

Sunday, May 28, 2017

The Rise and Fall of Yik Yak, the Anonymous Messaging App; New York Times, May 27, 2017

Valeriya Safronova, New York Times; The Rise and Fall of Yik Yak, the Anonymous Messaging App

"At the end of that year, Mr. Droll and Mr. Buffington laid off 60 percent of their employees, and last month, they shut down the operation, selling off intellectual property and employee contracts to Square Inc., a mobile payment company, for $1 million. A few months earlier, Hive, a college-based chat app with a similar color scheme to Yik Yak’s, popped up in the iTunes and Google Play stores, with Mr. Buffington in one of the screenshots. Whether it was an attempt at reinvention under the Yik Yak umbrella or a side project is unclear, but it is no longer available...

Morgan Hines, who will start her fourth year at Northeastern University in Boston this fall, never encountered nastiness on Yik Yak. “I thought it was funny,” she said. “It formed a lot of camaraderie between students. There would be random shout-outs to things happening on campus, like people who are attractive or being annoying in the library, or a fire alarm going off at 4 a.m.”

But Ms. Hines criticized Yik Yak’s hyper-localization. “Yik Yak was for pockets of people on campus,” she said. “If the fire alarm went off at 4 a.m., it only went off at your building, so no one else will give it a thumbs-up.”

That hyper-localization is also what made the cases of harassment particularly galling. Ms. Musick, one of the plaintiffs, said, “With Yik Yak, in the back of your mind, you know they’re not from around the world or other parts of the state, they’re right there in your classroom, in your dining hall. On a campus with 4,500 students, that’s a pretty small group of people. This isn’t some creepy guy in his mom’s basement in Indiana.”"

Swiss keep up the patent pace; swissinfo.ch, May 24, 2017

Luigi Jorio, swissinfo.ch; Swiss keep up the patent pace

"A machine for sorting gravel, a barometer that works by atmospheric humidity and a special electric writing machine: these are just a few of the patents that were filed in Switzerland over a hundred years ago and very probably reviewed by a certain Albert Einstein
external linkThe famous German physicist worked at the Swiss Federal Office of Intellectual Property in Bern from 1902 to 1909, a place he spoke of as a worldly cloister where he hatched his most beautiful ideas."

Fair Use Under the Trademark Laws; New York Law Journal, May 23, 2017

Howard Wintner, New York Law Journal; 

Fair Use Under the Trademark Laws


"The doctrine of fair use is usually associated with the copyright laws. There is, however, also a doctrine of fair use under the trademark laws. There are two branches of trademark fair use. One is descriptive fair use, which is often referred to as classic fair use. The other is nominative fair use. In classic fair use, the defendant uses the plaintiff's trademark to describe its own product or service. Nominative fair use occurs when the defendant uses the plaintiff's trademark to describe the plaintiff's product or service, even though its ultimate goal is to describe its own product or service. This article will discuss descriptive or classic fair use. The doctrine of nominative fair use is worthy of another article."

Saturday, May 27, 2017

Episode 774: Unspeakable Trademark; NPR, Planet Money, May 26, 2017

[Podcast] Jacob Goldstein, Ailsa Chang, NPR, Planet Money; 

Episode 774: Unspeakable Trademark


"Warning: This episode has explicit language, for unavoidable and soon-to-be obvious reasons...

Today on the show, a fight over a band name that turns into a fight about free speech. It goes all the way to the Supreme Court."

Hedwig Village man at center of international espionage investigation; ABC13, May 24, 2017

Miya Shay, ABC13; 

Hedwig Village man at center of international espionage investigation


"In reality, the allegations are wide ranging and shocking. Federal investigators say Shi, along with six others, tried to trade secrets from a business in the U.S. on behalf of a company in China that was engaged in manufacturing a high-performance, naval-grade product for military and civilian uses. Prosecutors allege Shi used his companies CMB-International Inc. and Deepoil.com as fronts to gather trade secrets and pay others."