Counterfeits in the Digital Marketplace; Lexology, November 7, 2018

Goulston & Storrs PC - Andrew J. Ferren and Jessica Carballo, 

Lexology; Counterfeits in the Digital Marketplace

[Kip Currier: Timely article, on this Cyber Monday, and in light of my IP course's lecture last week on IP Piracy and the Dark Web. 

Anybody else noticing how so many goods fall apart or break really quickly these days?! Glazed gardening pots that crack and disintegrate in one season. Designer metal shower hooks that break off in one year. Ear and nose trimmers that conk out after one use. Clothes that fray--sometimes even after just one wash cycle in cold water. And on and on and on...

As this article makes clear, too, it's annoying when some goods aren't what they claim to be and have a built-in obsolescence of about zero. It's downright dangerous when they explode or catch fire, and when they contain arsenic, lead, and other harmful substances that kids and adults are breathing in and coming into contact with. And let's not forget impacts of counterfeit items on animals, whether farm ones or animal companions, in the form of contaminated feed.

The Trump administration and some federal agencies have made some good steps in the past couple of years in better enforcing IP rights and cracking down on counterfeit goods. The U.S. Congress also needs to take more aggressive action, with civil and criminal consequences, to rein in and hold bad actors and entities accountable and ensure public safety and health are paramount. "Caveat emptor" should not and must not exculpate disreputable sellers from facing the ramifications of their amoral actions.]

"Counterfeiting has moved beyond high-priced luxury goods to low-cost everyday items. Many of these fake products pose real dangers: face masks with arsenic; phone adapters that can electrocute you; computer chargers that fry your hardware; batteries that blow up. These counterfeits infiltrate online marketplaces, where they co-mingle with authentic products in warehouses and ship to unsuspecting consumers. With millions of goods leaving fulfillment centers every day, brand owners and consumers must wrestle with a billion dollar problem: how do you police the largest marketplace in the world?

In January of this year, the U.S. Government Accountability Office filed a report detailing the results of a federal investigation in which 47 products were purchased from five online retailers, including Amazon and Walmart.com. All of the products were advertised as new, shipped from the United States, and sold by third-party sellers with customer ratings above 90%. Nearly half were counterfeit.

How does this happen? The five websites investigated have sizable “marketplaces,” virtual storefronts that let people other than the hosting company sell merchandise. For perspective, more than half of the goods sold on Amazon are from these third-party sellers. Anyone with an ID and a credit card can open a virtual storefront; few identifying details are required to set one up, and these details are regularly falsified. Since 2014, manufacturers from China (the world’s largest maker of counterfeit goods) have been able to sell directly to consumers in the Amazon Marketplace. In fulfillment centers, where products are picked up for packaging and shipment, goods from third-party sellers and goods direct from brand owners co-mingle. The resulting product pool is a mix of authentic and counterfeit goods, all sold as the same product and often for the same price."
 

How to Crush an Outlaw Biker Club: Seize Its … Logo?; The New York Times, November 21, 2018

Serge F. Kovaleski, The New York Times; How to Crush an Outlaw Biker Club: Seize Its … Logo?

"The Mongols’ marks, like those of other biker groups, are registered with the United States Patent and Trademark Office. Clubs have aggressively protected their patches from unauthorized use.

The Hells Angels have gone after large corporations including Toys “R” Us, the Alexander McQueen fashion line, Amazon, Saks, and Walt Disney, accusing them of infringement on its death’s head logo — a skull in a winged helmet — and other club symbols.

They have usually been successful, reaching settlements that require defendants to cease using the trademarks and to recall and destroy merchandise, among other concessions."

Addressing the Crisis in Academic Publishing; Inside Higher Ed, November 5, 2018

Hans De Wit and Phillip G. Altbach and Betty Leask, Inside Higher Ed; Addressing the Crisis in Academic Publishing

[Kip Currier: Important reading and a much-needed perspective to challenge the status quo!

I just recently was expressing aspects of this article to an academic colleague: For too long the dominant view of what constitutes "an academic" has been too parochial and prescriptive.

The academy should and must expand its notions of teaching, research, and service, in order to be more truly inclusive and acknowledge diverse kinds of knowledge and humans extant in our world.]

"We must find ways to ensure that equal respect, recognition and reward is given to excellence in teaching, research and service by institutional leaders, governments, publishers, university ranking and accreditation schemes."

Thanksgiving dinner: How to find common ground on divisive issues; CNN, November 22, 2018

Harry Enten, CNN; Thanksgiving dinner: How to find common ground on divisive issues

[Kip Currier: Whenever I see articles like this, talking about how to traverse potentially uncomfortable holiday gatherings, I remember and want to rewatch this 2015 Saturday Night Live (SNL) video "A Thanksgiving Miracle"...three years old now, but still as timely and hilarious as ever. Enjoy and--in the final words of the little girl in the spoof--"Thanks, Adele!"

It's also a brilliant example of "remix", combining copyright content from one creator (check out the song the SNL spoof repurposes--Adele's "Hello" video here, with nearly 2.5 billion views) with new content from others, in transformative ways.

The CNN article linked to this post has some good advice for navigating "whitewater rapids" issues too...]


"Here are five thorny issues that could come up on Thanksgiving Day and how you and your family could find common ground:.."

IBM Will Acquire Open-Source Software Company Red Hat In $34 Billion Deal; October 28, 2018

Laurel Wamsley, NPR; IBM Will Acquire Open-Source Software Company Red Hat In $34 Billion Deal

"In what may be the most significant tech acquisition of the year, IBM says it will acquire open-source software company Red Hat for approximately $34 billion...

"The acquisition of Red Hat is a game-changer. It changes everything about the cloud market," Ginni Rometty, IBM chairman, president and chief executive officer said in a statement. "This is the next chapter of the cloud."

Raleigh, N.C.–based Red Hat makes software for the open-source Linux operating system, an alternative to proprietary software made by Microsoft. It sells features and support on a subscription basis to its corporate customers...

Microsoft completed its $7.5 billion acquisition of open source software company GitHub just two days ago."

American Bar Association (ABA) Webinar: "Modernizing NAFTA into a 21st Century Trade Agreement: The New USMCA & IP; Thursday, November 29, 2018 12 Noon - 1 PM CT; 1 PM - 2 PM ET

[Kip Currier: In yesterday's lecture on International Intellectual Property, I was just talking a bit about the new IP developments contained within the U.S., Mexico and Canada Agreement (USMCA) that resulted from this year's Trump administration-led North American Free Trade Agreement (NAFTA) changes. So it was very timely to get notice today of this upcoming (free to ABA members) American Bar Association (ABA) webinar on Thursday, November 29, 2018.

Note that the webinar's scheduled time provided is for Central Time, so make adjustments accordingly depending on which timezone you are in.]


"Modernizing NAFTA into a 21st Century Trade Agreement:
The New USMCA & IP
Thursday, November 29, 12:00 - 1:00 PM CT
1.0 Hours CLE Credit

On September 30, 2018, United States, Mexico, and Canada reached an agreement to modernize the 24-year-old NAFTA into a 21st century, high-standard trade agreement. The new USMCA supports mutually beneficial trade leading to freer markets, fairer trade, and robust economic growth in North America. The Intellectual Property (IP) chapter of the agreement provides strong and effective protection and enforcement of IP rights critical to driving innovation, creating economic growth, and supporting American jobs.

Kira Alvarez, Section Legistlative Consultant, American Bar Association, Washington, DC 

Ron Wheeler (Moderator), SVP, Content Protection and Technology Strategy, Twentieth Century Fox, Beverly Hills, CA"

New York Bar Sues Image Comics and Forbidden Planet For $2 Million Over Dead Rabbit Trademark; Bleeding Cool, November 20, 2018

Rich Johnston, Bleeding Cool; New York Bar Sues Image Comics and Forbidden Planet For $2 Million Over Dead Rabbit Trademark

"In May of this year, Bleeding Cool pointed out that there may be a possible problem regarding the trademark of a bar in New York, Dead Rabbit, which published its own comic books/menus, and the then-upcoming comic book Dead Rabbit, by Gerry Duggan and John McCrea, published by Image Comics, and both named after an infamous New York gang."