Trying to Trademark a Meme? OK Boomer; The New York Times, November 19, 2019

Derrick Bryson Taylor, The New York Times; Trying to Trademark a Meme? OK Boomer

"In light of the phrase’s popularity, it’s not likely that any of the applications will be approved, said Josh Gerben, a trademark lawyer and founder of Gerben Law Firm, who noticed the filing by Fox Media on Monday.

“I think they are all very likely to meet the same fate, which is the U.S.P.T.O. will issue what is called a widely used message refusal,” Mr. Gerben said in an interview on Tuesday, adding that the definition of a trademark “has to identify a single company or individual as a source of a product or service.”

Once something like a meme goes viral and is widely used by people, it cannot legally function as a trademark, he said."

Baby Yoda GIFs Are Being Pulled For Copyright Concerns; ScreenRant, November 23, 2019

Josh Plainse, ScreenRant; Baby Yoda GIFs Are Being Pulled For Copyright Concerns

"Baby Yoda GIFs from the Disney+ show The Mandalorian are being pulled from the internet, apparently due to claims of copyright infringement. Last week, the Star Wars spin-off show The Mandalorian released its first episode along with the simultaneous launch of Disney's streaming service. The show's first episode, titled “Chapter One,” ended with a character reveal which has played a huge role in the creation of viral memes and GIFs throughout the entirety of the internet, all of them containing The Mandalorian character referred to as Baby Yoda for now."

Congress Introduces AM-FM Act to Revise Copyright Law for Terrestrial Radio; Variety, November 21, 2019

Jem Aswad, Variety; Congress Introduces AM-FM Act to Revise Copyright Law for Terrestrial Radio

"Senator Marsha Blackburn and Rep. Jerrold Nadler today introduced the Ask Musicians for Music Act (AM-FM), which aims to revise existing copyright law for radio stations and musicians.

Under the current copyright system, radio stations can use sound recordings over their airwaves without paying royalties to creators who own a stake in the sound recordings. The AM-FM Act would require all radio services to pay fair-market value for the music they use...

“When music creators share their wonderful gift with the world, we hear songs that inspire and unite us. We should encourage such thriving talent and ensure the music community is properly compensated for their work,” said Senator Blackburn, who introduced the bill in the Senate. “The AM-FM Act will reward singers, songwriters and musicians for their hard work when their music is played on the radio.”

Rep. Jerrold Nadler (D-N.Y.), Chairman of the House Judiciary Committee, introduced companion legislation in the House of Representatives. “The United States is an outlier in the world for not requiring broadcast radio to pay artists when playing their music, while requiring satellite and internet radio to pay,” he said. “This is unfair to both artists and music providers. I’m proud to sponsor the Ask Musician for Music Act of 2019 which would give artists and copyright owners the right to make a choice to allow AM/FM radio to use their work for free or to seek compensation for their work. The bill would also allow them to negotiate rates with broadcasters in exchange for permission for it to be aired.”"

Lawsuit: Target's Good & Gather line infringes trademark of Georgia woman's business; USA Today, November 22, 2019

Nicquel Terry Ellis, USA Today; Lawsuit: Target's Good & Gather line infringes trademark of Georgia woman's business

"A Georgia woman has filed a federal lawsuit against Target claiming the retail giant stole her trademark when it launched its Good & Gather flagship food brand in September.

Emily Golub, founder of the Atlanta-based Garnish & Gather, said the name, logo and products sold in Target's Good & Gather line are too similar to the business name she trademarked in 2014 and could create confusion in the market."

Protect your restaurant’s intellectual property; The Miami Herald, Novermber 18, 2019

Andrew Cromer, The Miami Herald; Protect your restaurant’s intellectual property

"What if I told you that the most valuable piece of your restaurant wasn’t the dollars and cents that flow inward from customer transactions? You certainly take the appropriate precautionary measures to safeguard the money inside your restaurant, but why leave “the safe open” when it comes to arguably your most valuable asset? Of course, we’re talking about your restaurant’s intellectual property!"

Read more here: https://www.miamiherald.com/news/business/biz-columns-blogs/article237473489.html#storylink=cpy"

Supreme Court will hear Google’s appeal in massive copyright suit brought by Oracle; CNBC, November 15, 2019

Tucker Higgins, CNBC; Supreme Court will hear Google’s appeal in massive copyright suit brought by Oracle

"The Supreme Court said on Friday that it will hear a dispute between tech giants Oracle and Google in a blockbuster case that could lead to billions of dollars in fines and shape copyright law in the internet era.

The case concerns 11,500 lines of code that Google was accused of copying from Oracle’s Java programming language. Google deployed the code in Android, now the most popular mobile operating system in the world. Oracle sued Google in 2010 alleging that the use of its code in Android violated copyright law...

Underlying the legal issues in the case is a technical dispute over the nature of the code that Google used. Google has said that the code was essentially functional — akin to copying the placement of keys on a QWERTY keyboard. Oracle maintains that the code, part of Java’s application programming interface, or API, is a creative product, “like the chapter headings and topic sentences of an elaborate literary work.”

Giant Publisher Macmillan Goes To War Against Libraries; TechDirt, November 15, 2019

Mike Masnick, TechDirt; Giant Publisher Macmillan Goes To War Against Libraries

"In September, librarians around the US launched a campaign -- ebooksforall.org urging Macmillan to rethink this awful plan:

This embargo limits libraries’ ability to provide access to information for all. It particularly harms library patrons with disabilities or learning issues. One of the great things about eBooks is that they can become large-print books with only a few clicks, and most eBook readers offer fonts and line spacing that make reading easier for people who have dyslexia or other visual challenges. Because portable devices are light and easy to hold, eBooks are easier to use for some people who have physical disabilities.
Macmillan is the only major publisher restricting public libraries’ ability to purchase and lend digital content to their communities. Before the embargo took effect, we collected 160,000 signatures from readers who urged Macmillan not to go through with their plan. And we delivered these signatures in person to CEO John Sargent. Sadly, he did not listen."