Bleeding Cool; Kitty Pryde Owns the Trademark on the X-Men
"The X-Men own their own trademark, at least as far as it goes to
creating superhero teams known as the X-Men. Which does suggest they
could have sued the likes of X-Force, X-Factor, or other knock-off teams
if they had wanted. Also…
…it looks like the trademark was registered by Charles Xavier and passed
to Kitty when he died. Now that he is back as X — will he want the
trademark back too? Registration Wars coming to a summer event near you
soon…"
Wednesday, July 4, 2018
Monday, July 2, 2018
WIPO Marrakesh Treaty On Copyright Exceptions For Blind Readers Clears US Senate; Intellectual Property Watch, June 29, 2018
Intellectual Property Watch; WIPO Marrakesh Treaty On Copyright Exceptions For Blind Readers Clears US Senate
"The World Intellectual Property Organization Marrakesh Treaty on copyright exceptions enabling international access to published works by blind and print-disabled readers was ratified this week by the United States Senate, putting it one step closer to final ratification in the country.
The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print-Disabled was agreed in 2013.
On 28 June, the full US Senate ratified treaty and passed implementing legislation to amend Title 17 accordingly, the Marrakesh Treaty Implementation Act (S. 2559).
The implementing legislation now goes to the US House of Representatives, and then on to the President, according to the bill summary. The US will then have to prepare and deposit its instrument of ratification to WIPO."
"The World Intellectual Property Organization Marrakesh Treaty on copyright exceptions enabling international access to published works by blind and print-disabled readers was ratified this week by the United States Senate, putting it one step closer to final ratification in the country.
The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print-Disabled was agreed in 2013.
On 28 June, the full US Senate ratified treaty and passed implementing legislation to amend Title 17 accordingly, the Marrakesh Treaty Implementation Act (S. 2559).
The implementing legislation now goes to the US House of Representatives, and then on to the President, according to the bill summary. The US will then have to prepare and deposit its instrument of ratification to WIPO."
A trademark can protect that clever slogan; Houston Chronicle, July 2, 2018
Jacqueline Taylor, Houston Chronicle; A trademark can protect that clever slogan
"Q: I’ve come up with a catchy and distinctive slogan for my new small business, and I’d like to make sure no one else uses it. Would a trademark legally protect it?
A: Good timing on your question. The UH Bauer College Small Business Development Center is offering a special workshop on “Protecting Your Business With Trademarks” from 9:30 a.m. to 12:30 p.m. on July 17. It will provide the answer and walk you through the process. You’ll learn how a strong trademark can not only protect your brand but also help customers find your business.
The workshop will be led by Anne Cullotta of the Culotta Law Firm. Register for the $29 class, which will be held at the SBDC’s Midtown office on Fannin Street, at sbdc.uh.edu.
The U.S. Patent and Trademark Office website, uspto.gov, also is a helpful resource. Find a detailed explanation of the trademark process; an explanation of the difference between patent, trademark and copyright protection; and the difference between registering a domain name, business name and trademark. The information will help you determine if trademark protection is what you’re looking for and what the process entails.
You should be aware that there’s a difference between what’s known as a “common law” trademark and a federally registered trademark."
"Q: I’ve come up with a catchy and distinctive slogan for my new small business, and I’d like to make sure no one else uses it. Would a trademark legally protect it?
A: Good timing on your question. The UH Bauer College Small Business Development Center is offering a special workshop on “Protecting Your Business With Trademarks” from 9:30 a.m. to 12:30 p.m. on July 17. It will provide the answer and walk you through the process. You’ll learn how a strong trademark can not only protect your brand but also help customers find your business.
The workshop will be led by Anne Cullotta of the Culotta Law Firm. Register for the $29 class, which will be held at the SBDC’s Midtown office on Fannin Street, at sbdc.uh.edu.
The U.S. Patent and Trademark Office website, uspto.gov, also is a helpful resource. Find a detailed explanation of the trademark process; an explanation of the difference between patent, trademark and copyright protection; and the difference between registering a domain name, business name and trademark. The information will help you determine if trademark protection is what you’re looking for and what the process entails.
You should be aware that there’s a difference between what’s known as a “common law” trademark and a federally registered trademark."
The marvellous world of superhero licensing ; Lexology, June 26, 2018
Amanda Morton - Phillips Ormonde Fitzpatrick, Lexology;
The marvellous world of superhero licensing
"The manner by which each studio dealt with Quicksilver ended up being an intriguing case study in how shared IP rights in elements of a character could be similarly depicted in two separate media entities."
Friday, June 29, 2018
Elon Musk drawn into farting unicorn dispute with potter; The Guardian, June 27, 2018
Sam Levin, The Guardian; Elon Musk drawn into farting unicorn dispute with potter
[Kip Currier: Given the facts as presented in this article (and knowing that the U.S. only recognizes "moral rights" vis-a-vis the very narrow Visual Artists Right Act [VARA]), is there anyone who still doesn't think that at the very least the "decent" thing to do would have been for Elon Musk/Tesla to provide attribution (let alone some kind of compensation) when repeatedly using Tom Edwards' image? Imagine if the situation were reversed and someone was using Elon Musk's "original expressions" without attribution.]
"Edwards said he wanted to speak out in part because he often hears similar stories from artists. “I realize my farting unicorn is not as serious as whistleblowers,” he said, “but honestly, it’s all about integrity.”
He added: “I’d really like to get on Elon Musk’s good side … He’s really really interesting. But he isn’t above copyright law.""
[Kip Currier: Given the facts as presented in this article (and knowing that the U.S. only recognizes "moral rights" vis-a-vis the very narrow Visual Artists Right Act [VARA]), is there anyone who still doesn't think that at the very least the "decent" thing to do would have been for Elon Musk/Tesla to provide attribution (let alone some kind of compensation) when repeatedly using Tom Edwards' image? Imagine if the situation were reversed and someone was using Elon Musk's "original expressions" without attribution.]
"Edwards said he wanted to speak out in part because he often hears similar stories from artists. “I realize my farting unicorn is not as serious as whistleblowers,” he said, “but honestly, it’s all about integrity.”
He added: “I’d really like to get on Elon Musk’s good side … He’s really really interesting. But he isn’t above copyright law.""
Thursday, June 28, 2018
Indigenous Knowledge Databases: Is It Something To Be Concerned About?; Intellectual Property Watch, June 28, 2018
Adithi Koushik, Intellectual Property Watch; Indigenous Knowledge Databases: Is It Something To Be Concerned About?
"Almost all information today ends up in a database. It is organised and made readily accessible. While it sounds positive, for indigenous communities, it can be crucial. Databases of their knowledge, culture and genetic resources, if misused, can undermine generations of community effort and maybe even their sustainability. A panel of indigenous peoples’ representatives presented their concerns about databases this week to governments attending a World Intellectual Property Organization meeting on genetic resources.
The discussion in the Indigenous Panel at the 36th round of the Intergovernmental Committee at WIPO, held between 25th and 29th of June, centered on the collection of material for, administration and use of databases and contracts."
"Almost all information today ends up in a database. It is organised and made readily accessible. While it sounds positive, for indigenous communities, it can be crucial. Databases of their knowledge, culture and genetic resources, if misused, can undermine generations of community effort and maybe even their sustainability. A panel of indigenous peoples’ representatives presented their concerns about databases this week to governments attending a World Intellectual Property Organization meeting on genetic resources.
The discussion in the Indigenous Panel at the 36th round of the Intergovernmental Committee at WIPO, held between 25th and 29th of June, centered on the collection of material for, administration and use of databases and contracts."
Intellectual property basics for startups: trade secrets; DLA Piper via Lexology, June 27, 2018
Victoria Lee, DLA Piper via Lexology; Intellectual property basics for startups: trade secrets
"The crown jewels of a typical technology company are often found in its intellectual property portfolio. Having a good basic understanding of intellectual property protection is essential for entrepreneurs to extract value out of their company’s key assets and manage opportunities and risk arising from them. Among these key assets is the trade secret.
Our colleague Victoria Lee outlines what startups need to know about trade secrets in this article."
"The crown jewels of a typical technology company are often found in its intellectual property portfolio. Having a good basic understanding of intellectual property protection is essential for entrepreneurs to extract value out of their company’s key assets and manage opportunities and risk arising from them. Among these key assets is the trade secret.
Our colleague Victoria Lee outlines what startups need to know about trade secrets in this article."
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