Brendan Kiley, The Seattle Times; After a long legal struggle, Seattle band Thunderpussy is granted a U.S. trademark
"“There are a great many immoral and scandalous ideas in the world (even more than there are swearwords), and the Lanham Act covers them all,” Justice Elena Kagan wrote in the court’s opinion. “It therefore violates the First Amendment.” She also noted a lack of consistency in how the USPTO interpreted the Lanham Act, approving some trademarks and rejecting others that used the same potentially offensive language.
Kerr, Thunderpussy’s attorney, had argued the same point in his appeal to the USPTO.
“I mentioned over 40 trademark applications that had been accepted that included the word ‘pussy,’ ” he said. “Human discretion enters into the process, which is one person forming an opinion based on an internet search — but the implications for the band are enormous.”
The wheels of bureaucracy turned and, on April 4, Kerr finally received a letter from the USPTO granting Thunderpussy registered trademark number 6,021,338."
Tuesday, April 7, 2020
In a first, China knocks U.S. from top spot in global patent race; Reuters, April 7, 2020
Stephanie Nebehay, Reuters; In a first, China knocks U.S. from top spot in global patent race
"China was the biggest source of applications for international patents in the world last year, pushing the United States out of the top spot it has held since the global system was set up more than 40 years ago, the U.N. patent agency said on Tuesday.
The World Intellectual Property Organization, which oversees a system for countries to share recognition of patents, said 58,990 applications were filed from China last year, beating out the United States which filed 57,840.
China’s figure was a 200-fold increase in just 20 years, it said. The United States had filed the most applications in the world every year since the Patent Cooperation Treaty system was set up in 1978.
More than half of patent applications - 52.4 % - now come from Asia, with Japan ranking third, followed by Germany and South Korea."
"China was the biggest source of applications for international patents in the world last year, pushing the United States out of the top spot it has held since the global system was set up more than 40 years ago, the U.N. patent agency said on Tuesday.
The World Intellectual Property Organization, which oversees a system for countries to share recognition of patents, said 58,990 applications were filed from China last year, beating out the United States which filed 57,840.
China’s figure was a 200-fold increase in just 20 years, it said. The United States had filed the most applications in the world every year since the Patent Cooperation Treaty system was set up in 1978.
More than half of patent applications - 52.4 % - now come from Asia, with Japan ranking third, followed by Germany and South Korea."
COVID-19 and Trade Secrets: Is Your Business Prepared to Protect its Trade Secrets While Your Employees Work From Home?; National Law Review, March 25, 2020
Sheppard Mullin Richter & Hampton LLP., National Law Review; COVID-19 and Trade Secrets: Is Your Business Prepared to Protect its Trade Secrets While Your Employees Work From Home?
"In response to the COVID-19 outbreak, many businesses (particularly those in states or cities under “stay home” orders) have implemented a work-from-home (“WFH”) directive for employees. It is important for businesses to address the security of their trade secrets in this new environment in order to reduce the risk of misappropriation. It is also important to reduce the risk that the trade secret status of information will be lost based on a failure to take reasonable steps to protect its secrecy. This article addresses some steps your business can consider taking to protect trade secrets accessible by employees who are now working at home. Even if your business had a WFH policy before the COVID-19 outbreak, it should be re-visited in light of the current circumstances flowing from a pandemic during which all or most of your workforce may be operating on a WFH basis. For example, what was once a “no trade secrets may be taken home” policy may be impossible in the current climate.
The following are a few potential steps for consideration to protect trade secrets in the hands of employees working at home:"
"In response to the COVID-19 outbreak, many businesses (particularly those in states or cities under “stay home” orders) have implemented a work-from-home (“WFH”) directive for employees. It is important for businesses to address the security of their trade secrets in this new environment in order to reduce the risk of misappropriation. It is also important to reduce the risk that the trade secret status of information will be lost based on a failure to take reasonable steps to protect its secrecy. This article addresses some steps your business can consider taking to protect trade secrets accessible by employees who are now working at home. Even if your business had a WFH policy before the COVID-19 outbreak, it should be re-visited in light of the current circumstances flowing from a pandemic during which all or most of your workforce may be operating on a WFH basis. For example, what was once a “no trade secrets may be taken home” policy may be impossible in the current climate.
The following are a few potential steps for consideration to protect trade secrets in the hands of employees working at home:"
Harry and Meghan's Archewell trademark suggests plan for non-profit empire Application filed in US ranges from awards to clothing to a health website; The Guardian, April 7, 2020
Caroline Davies, The Guardian; Harry and Meghan's Archewell trademark suggests plan for non-profit empire
Application filed in US ranges from awards to clothing to a health website
"The Duke and Duchess of Sussex appear to be planning a wide-ranging non-profit empire, including websites, films and their own awards, according to trademark applications lodged in the US under the name of Archewell.
The first clear indications of how Harry and Meghan intend to rebrand themselves as non-working royals are revealed in an extensive list published on the United States Patent and Trademark Office website.
Archewell, derived from the Greek word arche, meaning “sources of action”, was the inspiration for the name of their son, Archie Mountbatten-Windsor, the couple have revealed. It replaces the Sussex Royal brand they had originally trademarked in the UK, but were banned from using by Buckingham Palace.
The application, lodged on 3 March in Beverly Hills, covers items from educational materials, clothing, stationery and a nutrition and general health website, possibly modelled on Meghan’s successful The Tig lifestyle site, which she shut down following her engagement to Harry."
Listen to Hundreds of Free Audiobooks, From Classics to Educational Texts; Smithsonian Magazine, April 6, 2020
Theresa Machemer, Smithsonian Magazine; Listen to Hundreds of Free Audiobooks, From Classics to Educational Texts
"With classrooms closed due to COVID-19, millions of students across the United States are venturing into the realm of distance learning. To support these efforts, Amazon’s audiobook service, Audible, has launched an online collection of hundreds of free audiobooks primed for both education and entertainment.
"With classrooms closed due to COVID-19, millions of students across the United States are venturing into the realm of distance learning. To support these efforts, Amazon’s audiobook service, Audible, has launched an online collection of hundreds of free audiobooks primed for both education and entertainment.
The website doesn’t require a log-in, sign-up or payment information. To peruse Audible’s selection of novels, poetry and fables—from classics to modern favorites—simply click “Start Listening.”...
The Audible Stories website states, “For as long as schools are closed, we’re open.”
This goal is similar to that of the National Emergency Library, which—controversially—makes more than a million free books available for temporary download. Normally, the archive has about 2.5 million public domain books available for download without constraint. An additional 1.4 million copyrighted books are accessible to one reader at a time for a two-week borrowing period.
The Emergency Library removes that one-at-a-time restriction until the end of June, “or the end of the U.S. national emergency, whichever is later,” according to a statement. Backlash from authors and publishers has since framed the collection as internet piracy that violates intellectual property laws, but the campaign still has its fair share of supporters.
Audible’s offerings come without any of these concerns. So, if you enjoy audiobooks, the Audible Stories platform represents a straightforward option that can be enjoyed in conjunction with audiobook downloads offered by public libraries. Apple Books is also highlighting free book options, joining Audible Stories in a growing repertoire of at-home educational content."
Monday, April 6, 2020
Online Teaching During Pandemic Raises Copyright Concerns; Bloomberg Law, April 3, 2020
Matthew Bultman, Bloomberg Law; Online Teaching During Pandemic Raises Copyright Concerns
"The sudden shift to online teaching is raising a host of copyright questions for educators...
Allaying Teacher Fears
Hoping to provide guidance, a group of copyright specialists at colleges, universities and other organizations last month wrote a statement on fair use that was signed or endorsed by more than 200 experts. It has circulated among grade school educators as well.
Making course materials available to students during the pandemic will “almost always be a fair use,” the group wrote in the statement. Showing full-length movies or television shows can be more tricky, and the group encouraged instructors to use video through licensed services whenever possible.
“One of the reasons that this statement was put together was to address and allay some of the fears that faculty, students, and librarians are facing when rapidly shifting to moving their courses online,” said Sara Benson, a copyright librarian and assistant professor at the University of Illinois.
The group also put together a list of video and other content that publishers have made available for free—called “Vendor Love In The Time Of Covid”—during the outbreak. Copyright specialists have also held informational “Virtual Copyright Office Hours” on Zoom.
“We want to make copyright the least of your concerns,” Courtney said. “Be worried about your students, their health, their welfare, because that’s most important.”"
Thursday, April 2, 2020
Managing Intellectual Property in a Crisis (Part 2); JDSupra, April 1, 2020
Joseph Falcon, III, JDSupra; Managing Intellectual Property in a Crisis (Part 2)
"(Note: This is the second of a three-part series stressing the importance of intellectual property protection in difficult economic times. You can read Part 1 here, and watch for Part 3 tomorrow.)
Maintaining intellectual property first requires identification of intellectual property your business already possesses. Intellectual property rights are classified into various categories, each protectable by different legal instruments such as patent, copyright, trademark and trade secret...
These items for patents, copyrights or trademarks are general, but each business likely will have specific questions on how they can apply to each business."
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