About the USPTO's National Trademark Expo on 10/21/16 & 10/22/16; U.S. Patent and Trademark Office (USPTO)

U.S. Patent and Trademark Office (USPTO); About the USPTO's National Trademark Expo:

"2016 National Trademark Expo

The 2016 National Trademark Expo will be held on October 21st and 22nd, 2016 at the beautiful Andrew W. Mellon Auditorium located at 1301 Constitution Ave. NW, Washington, DC 20240. The Expo is open to any owner of a federally-registered trademark. This free, family-fun, educational event includes exhibitors, kids programs, costumed characters, seminars, and more. The Andrew W. Mellon Auditorium is a very brief walk from the Federal Triangle Station of the Washington Metropolitan Area Transit Authority (WMATA) subway station and provides very convenient access."

‘The Great British Bake Off’ Changes the Way the British Bake; New York Times, 10/18/16

Melissa Clark, New York Times; ‘The Great British Bake Off’ Changes the Way the British Bake:

"Nobody expected a baking competition to become one of the top-rated shows on British television, reaching its peak audience of 15 million viewers with the Season 6 finale last year. (The most recent three seasons of the show began airing in the United States in 2014 on PBS as “The Great British Baking Show” because “Bake-Off” is a trademark of Pillsbury .)"

[Open Access Week Event at University of Pittsburgh] Open in Action: The Government, the University, and You: Presenter: Congressman Mike Doyle, Thursday, 10/27/16 4 PM - 6 PM

[Open Access Week Event at University of Pittsburgh] Open in Action: The Government, the University, and You; Presenter: Congressman Mike Doyle:

"Thursday, October 27, 2016 -

4:00pm to 6:00pm

Stream: http://pi.tt/openinaction

Event Description:

4:00 pm – Reception

4:30 pm – Keynote speech

5:15 pm – Panel conversation followed by Questions and Answers from the audience

Learn about the latest actions around the Open Access Movement in the United States, and how you can get involved. Congressman Mike Doyle will join us to discuss FASTR, the Free Access to Science and Technology Research bill that he co-sponsored, which will require Open Access to all research articles funded by major US Government departments and agencies. He will discuss the history and origin of the bill as well as its current state in Congress, including what this bill would mean for researchers at our universities, across the country, and around the world.

Following Congressman Doyle’s speech, join us for a conversation with a panel of experts on advocacy and involvement in Open Access. James Maher, Provost Emeritus and Distinguished Service Professor of Physics at the University of Pittsburgh, will join special guests including Heather Joseph (Executive Director, SPARC) and Keith Webster (Dean of Libraries, Carnegie Mellon University) to discuss the role of the University and the individual researcher in moving the Open movement forward and what the impact of open access to research will be locally and globally."

DISNEY SUES LIGHTSABER ACADEMY FOR TRADEMARK INFRINGEMENT; Comic Book Resources, 10/17/16

Jacob Hill, Comic Book Resources; DISNEY SUES LIGHTSABER ACADEMY FOR TRADEMARK INFRINGEMENT:

"According to The Hollywood Reporter, Michael Brown operated numerous businesses based on the Star Wars trademark including New York Jedi, the Lightsaber Academy and Thrills and Skills. After serving multiple cease and desist notices, Disney finally filed a complaint with the California federal court."

Tell the Copyright Office: Copyright Law Shouldn't Punish Research and Repair; Electronic Frontier Foundation (EFF), 10/11/16

Corynne McSherry, Electronic Frontier Foundation (EFF); Tell the Copyright Office: Copyright Law Shouldn't Punish Research and Repair:

"In enacting the “anti-circumvention” provisions of the DMCA, Congress ostensibly intended to stop copyright “pirates” from defeating DRM and other content access or copy restrictions on copyrighted works and to ban the “black box” devices intended for that purpose. In practice, the DMCA anti-circumvention provisions haven’t had much impact on unauthorized sharing of copyrighted content. Instead, they’ve hampered lawful creativity, innovation, competition, security, and privacy.

In the past few years, there’s been a growing movement to reform the law. As locked-down copyrighted software shows up in more and more devices, from phones to refrigerators to tractors, more and more people are realizing how important it is to be able to break those locks, for all kinds of legitimate reasons. If you can’t tinker with it, repair it, or peek under the hood, then you don’t really own it—someone else does, and their interests will take precedence over yours.

It seems the Copyright Office has heard those concerns. As part of an ongoing study, it’s asking for comments (PDF) on whether it should recommend that Congress enact a series of permanent exemptions to the law for several important and useful activities, including security research and repair."

Abbott and Costello Heirs Lose Appeal Over Broadway Play's Use of "Who's on First" Routine; Hollywood Reporter, 10/11/16

Eriq Gardner, Hollywood Reporter; Abbott and Costello Heirs Lose Appeal Over Broadway Play's Use of "Who's on First" Routine:

"On Tuesday, the Second Circuit Court of Appeals affirmed dismissal of a copyright lawsuit brought by the heirs of William "Bud" Abbott and Lou Costello against producers of the Tony Award-nominated play Hand to God. However, the appeals court didn't accept dismissal for the same reason the lawsuit was initially thrown out. And in coming to its decision, the 2nd Circuit raises the possibility that the world- famous comedy routine "Who's on First?" is no longer under copyright."

The Man Musicians Call When Two Tunes Sound Alike; New York Times, 10/11/16

Alex Marshall, New York Times; The Man Musicians Call When Two Tunes Sound Alike:

"People often hear similarities between songs when no copying has occurred, Mr. Bennett says. That should not be a surprise. Most songwriters follow a strict set of rules — songs being three to four minutes long or having four beats to a bar — so there is actually much scope for similarity. But the truth is that many songwriters do use other people’s music for inspiration.

“Society’s become enamored by the romantic myth of creativity,” he says. “The idea that inspiration comes to us in a genius-like way from God or the spirit or whatever. Often for songwriters, that is how it feels emotionally. But, of course, every songwriter is partly a product of their influences. Allowing yourself to be influenced by a song — just not copying the melody, chords or lyrics — is perfectly fine. I mean, isn’t that what songwriting actually is?”

Mr. Oxendale agrees. “A lot of famous songs have been created using reference tracks and there’s nothing wrong with that,” he says. “There would be no Beethoven without Haydn. Who would want to have lost his music?”"

What spoons have to do with the Samsung-Apple patent lawsuit; PBSNewsHour, 10/11/16

Gretchen Frazee, PBS NewsHour; What spoons have to do with the Samsung-Apple patent lawsuit:

"The court’s task is not to determine whether Samsung infringed on Apple’s patents but to determine how much money Samsung should pay Apple for doing so.

It marks the first time in 120 years that the the court has reviewed a design patent case. (The Supreme Court has reviewed patents based on function, but not appearance.) And the last design patent cases reviewed by the high court dealt in saddles, rugs and spoons.

In fact, one particular case involving 19th-century spoons, Gorham v. White, was cited multiple times by lawyers before the Supreme Court on Tuesday."

Apple-Samsung iPhone patent feud leaves U.S. top court struggling; Reuters, 10/11/16

Andrew Chung, Reuters; Apple-Samsung iPhone patent feud leaves U.S. top court struggling:

"The fierce, big-money patent fight between Apple and Samsung left the U.S. Supreme Court groping for a solution on Tuesday, as the justices puzzled over how to discern the value of individual design elements in a complex product like an iPhone.

The eight justices heard arguments in Samsung's bid to pare back $399 million of $548 million it paid Apple in December following a 2012 jury verdict finding that it infringed Apple's iPhone patents and copied its distinctive appearance in making the Galaxy and other competing devices.

The $399 million penalty stemmed specifically from Samsung's violation of three Apple patents on the design of the iPhone's rounded-corner front face, bezel and colorful grid of icons that represent programs and applications."

The government and the courts are finally getting fed up with patent trolls — and stupid patents; Los Angeles Times, 10/11/16

Michael Hiltzik, Los Angeles Times; The government and the courts are finally getting fed up with patent trolls — and stupid patents:

"Almost nobody disputes that America’s patent system is a mess, or that it’s been that way for an unconscionably long time.

Overworked and misguided patent examiners issue patents for manifestly undeserving claims. An entire industry of patent trolls has sprung up to assemble patent rights and exploit them, not to make products or develop services, but to harass other businesses into paying them off to avoid costlier litigation.

Efforts to reform patenting tend to run into resistance from big businesses, such as the pharmaceutical industry, that long ago figured out how to game the process and are disinclined to give up their advantage. As a result, a system that was written into the U.S. Constitution to encourage invention and innovation has been turned into a “dead weight … on the nation’s economy.”"

Among Pressing Campaign Issues, Don’t Forget About Copyright; Variety, 10/7/16

Ruth Vitale, Variety; Among Pressing Campaign Issues, Don’t Forget About Copyright:

"Last week, CreativeFuture and Copyright Alliance partnered to send an Open Letter to Political Candidates reminding them that copyright drives creativity and innovation.

Over 35,000 signatures from individuals in film, television, music, book publishing, and photography signed the letter. Why is this important? Because it shows that we all understand the need to keep our creative industries healthy, but I don’t believe we say this enough to our political leaders...

The same candidates that come to the creative community also visit the tech communities. As we know, there are strong voices in the tech communities whose view of copyright is the polar opposite of ours – not everyone, but a lot of them. And you can bet your lunch money that when people in the tech community go to campaign events, they take every opportunity to talk about their issues, often, to our detriment. Sure, they talk about other issues, but they make damn certain that candidates come away with a clear understanding of their positions on copyright.

We need to start asking our politicians the important questions that pertain to our livelihoods. Whether you host fundraisers for our leaders or simply attend and donate – we must ask our leaders in Washington, “What do you intend to do to protect my rights as a creative?”"

Hamilton Producers Sue Over Copyright; Playbill, 10/8/16

Adam Hetrick, Playbill; Hamilton Producers Sue Over Copyright:

"Online t-shirt companies SunFrog and GearLaunch are being sued by the producers of Hamilton over copyright infringement. The show’s producers state that the companies have been selling bootleg t-shirts that utilize the show’s logo, according to TMZ.com."

WVU library offers patent, trademark resources; West Virginia Record, 10/7/16

Taryn Phaneuf, West Virginia Record; WVU library offers patent, trademark resources:

"The only official Patent & Trademark Resource Center in the state has been offering its services for nearly 25 years. Recently, it’s become a tool used more frequently by WVU students building businesses involving intellectual property, Marian Armour-Gemmen, the patent and trademark librarian at Evansdale Library, told The West Virginia Record...

The U.S. Patent & Trademark Office has a network of official resource centers all over the country at public, state and academic libraries. It is designed to assist the public, and library staff are trained in using USPTO search tools to find the patent and trademark information. The records have changed over the years — from hard paper copies to microfiche to DVDs to online databases — but the premise is the same, Armour-Gemmen said.

“It’s really important to find a similar patent to your invention,” she said. “No invention stands alone. We don’t live in a vacuum — we’re influenced by somebody. It’s important to find ones that are similar to your invention so you can show how yours is novel.”

The centers are an important resource because of the value of intellectual property. The stakes are high for an inventor or business owner looking to protect their ideas or to avoid infringing on someone else’s — a mistake that can cost a lot of money."

Improving the Trademark Register; Director's Forum: A Blog from USPTO's Leadership, 10/5/16

Guest Blog from Commissioner for Trademarks Mary Boney Denison, Director's Forum: A Blog from USPTO's Leadership; Improving the Trademark Register:

"When selecting a mark for a new product or service, a business will search the USPTO database of registered marks to determine whether a particular mark is available. Registered trademarks that are not actually in use in commerce unnecessarily block someone else from registering the mark.

To ensure the accuracy of our trademark registry, in 2012, the USPTO launched a pilot program to gather data on whether registered marks were actually being used on the products and services listed on their registrations.

During the pilot, in 500 randomly-selected maintenance filings we required the registrant to submit proof of use for two additional items for each class listed on the registration. Although the registrant must submit one example of use per class in a maintenance filing, typically the registration will list multiple products or services for each class.

At the conclusion of the pilot, the USPTO determined that in more than half of the trademark registrations selected, the owner was unable to verify the actual use of the mark for the goods or services queried. This was in spite of the owner having recently sworn under penalty of perjury to such ongoing use as part of the maintenance filing. We issued a report on the results and held a roundtable to discuss the results and next steps. The consensus among roundtable participants was that the results of the pilot program indicated a need for some action to improve the accuracy and integrity of the register. As a result of these findings and input from the trademark community, we are now taking a three-pronged approach to tackling the so-called “deadwood” in our searchable database of registered marks."

Dramatic twists could upend patent battle over CRISPR genome-editing method; Science, 10/5/16

Jon Cohen, Science; Dramatic twists could upend patent battle over CRISPR genome-editing method:

"The 9-month-old patent battle over CRISPR, a novel genome-editing tool that could have immense commercial value, has taken two surprising twists. Last week, attorneys for the Broad Institute in Cambridge, Massachusetts, one of the research organizations vying for CRISPR rights, submitted motions that could let it win even if it loses. And yesterday, a new player in the drama, a French biopharmaceutical company called Cellectis, may have made the whole fight moot, revealing it has just been issued patents that it says broadly cover genome-editing methods, including CRISPR.

The Broad Institute, a marriage between Harvard University and the Massachusetts Institute of Technology, holds 13 CRISPR patents that are under fire from the University of California (UC) and two co-petitioners. This past January, the U.S. Patent and Trademark Office (PTO) said it would review the patent claims in what’s known as an interference proceeding. That has triggered an epic legal battle over CRISPR intellectual property (IP) that centers on the Broad Institute’s issued patents and a patent application from UC that’s still under review."

Suboxone Creator’s Shocking Scheme to Profit Off of Heroin Addicts; Daily Beast, 10/5/16

Christopher Moraff, Daily Beast; Suboxone Creator’s Shocking Scheme to Profit Off of Heroin Addicts:

"The case against Reckitt Benckiser accuses it of “product hopping,” in which a company tweaks its product slightly, often without any actual improvements, and then applies for a new patent with the intent of keeping its market share intact. In Reckitt Benckiser’s case, the product switch was from the orange Suboxone tablets it had been successfully marketing to a new dissolvable film strip that was developed by co-defendant MonoSol RX.

The plaintiffs in the lawsuit say Reckitt Benckiser took product hopping to a nefarious new level by using “feared-based messaging” and “sham science” to illegally subvert the market for Suboxone tablets while aggressively promoting its new film variation, which was introduced in 2010 and is under patent until 2023...

Patent expiration is a conundrum faced by all drug makers and ordinarily it wouldn’t be a terribly big deal for a global monolith like Reckitt Benckiser—which generated more than $2.5 billion in revenue during the first half of 2016 through its ownership of popular brands like Lysol disinfectant, Mucinex cold medicine, and Durex condoms."

U.S. Justice Department Defends Copyright Anti-Hacking Law as "Unquestionably Constitutional"; Hollywood Reporter, 9/30/16

Eriq Gardner, Hollywood Reporter; U.S. Justice Department Defends Copyright Anti-Hacking Law as "Unquestionably Constitutional" :

"The U.S. Department of Justice is demanding an end to a lawsuit that challenges the constitutionality of a law that prevents people from getting around the access restrictions on copyrighted works such as films, television shows and songs.

In July, the Electronic Frontier Foundation led the lawsuit that argues that the anti-circumvention provision of the Digital Millennium Copyright Act (Sec. 1201) inhibits free expression in violation of the First Amendment. The law allows for a triennial review where every three years the Librarian of Congress grants exemptions. For example, in the most recent review, the government made it legal to hack a smart TV to achieve interoperability and also allowed grade school teachers to circumvent access controls on DVDs for educational purposes."

Here's Why Software Patents Are in Peril After the Intellectual Ventures Ruling; Fortune, 10/3/16

Jeff John Roberts, Fortune; Here's Why Software Patents Are in Peril After the Intellectual Ventures Ruling:

"Software Patents as a Threat to Free Speech

Friday’s ruling is also significant because Judge Mayer eschews the insider baseball language that typically dominates patent law, and addresses patents in the broader context of technology and government monopolies.

Pointing out that intellectual property monopolies can limit free speech, Mayer notes that copyright law has built-in First Amendment protections such as “fair use” and that patent law must include similar safeguards. He suggests that the safeguard comes in the form of a part of the Patent Act, known as “Section 101,” which says some things—including abstract ideas—simply can’t be patented in the first place."

U.S. top court refuses to hear Redskins trademark appeal; Reuters, 10/3/16

Lawrence Hurley, Reuters; U.S. top court refuses to hear Redskins trademark appeal:

"The U.S. Supreme Court on Monday declined to hear an appeal by the Washington Redskins challenging a federal agency's decision to cancel the National Football League team's trademarks after finding the name disparaging to Native Americans.

While the justices refused to hear the team's appeal, the issues it raises are part of another case that the court last week agreed to hear involving the Oregon-based Asian-American rock band The Slants whose bid for trademark protection of its name was denied by the U.S. Patent and Trademark Office.

Both the band and the team have argued that a 1946 federal law barring trademarks on racial slurs violates free speech rights under the U.S. Constitution's First Amendment.

The Supreme Court opted not to hear the Redskins' appeal of a federal judge's ruling in July 2015 that upheld the Patent and Trademark Office's 2014 decision to cancel six trademarks held by the team and provided another victory for Native American activists pressing the franchise to change its name."

Tito's Tacos to change name following trademark tangle; Brattleboro Reformer, 10/3/16

Robert Audette, Brattleboro Reformer; Tito's Tacos to change name following trademark tangle:

"Victoroff requested that the Reformer "immediately remove the aforementioned infringing material from its website, immediately notify the source of the infringing content of this notice, inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to The Brattleboro Reformer News website in the future."

The Reformer has declined to take down the picture on First Amendment grounds.

In a response, Fredric D. Rutberg, the president of New England Newspapers Inc., which owns the Reformer, refused to remove the picture from the Reformer's website.

"The photo in question depicts a local food vendor whose sign identifies his business as Tito's Tacos," wrote Rutberg. "While this use of the name Tito's Tacos may indeed infringe on your client's registered trademark, it is our opinion that the photo in question does not constitute an infringement of your client's trademark. At best it is a 'fair use' of trademarked material."

"Tito's greatly respects your newspaper's First Amendment rights of free speech," Victoroff responded in an email to Rutberg, "but the use of its trademarked name in the [photo and news story] seriously dilutes and erodes its trademark. ... Every day the Tito's Tacos family must defend and protect its trademark rights from death by 1,000 cuts or risk losing its name and trademark.""

Big Week For WIPO Marrakesh Treaty On Access For Visually Impaired; Human Rights Side Under Focus; Intellectual Property Watch, 10/3/16

William New, Intellectual Property Watch; Big Week For WIPO Marrakesh Treaty On Access For Visually Impaired; Human Rights Side Under Focus:

"Prof. Laurence Helfer of Duke University Law School, one of the authors asked by the WBU to draft the implementation guide, said in an interview that the hope is the treaty “will not be seen as only an IP treaty, but also as an agreement that uses copyright to achieve human rights objectives. Marrakesh is thus one of the first treaties that is focused on the public interest side of IP law.”

Fellow guide author Prof. Molly Land, a human rights law professor at the University of Connecticut, said there is a connection between the Marrakesh Treaty and human rights treaties, such as the Committee on the Rights of Persons with Disabilities (CRPD). They are looking at how “ratifying and implementing the treaty is one way that states can fulfil their obligations under these other human rights instruments.”

“At the crossroads of human rights and IP, it’s really important to be able to see the treaty in light of both regimes,” she said. “Both in interpreting it, and also in implementation. States have commitments under both IP treaties and human rights treaties, and the guide is about how states can bring those together in implementation.”"

Libraries, Orphan Works, and the Future of Copyright; Information Today, 10/4/16

Nancy K. Herther, Information Today; Libraries, Orphan Works, and the Future of Copyright:

"Harvard Library recently released a comprehensive literature review on orphan works and copyright in “an attempt to solve the legal complexities of the orphan works problem by identifying no-risk or low-risk ways to digitize and distribute orphan works under U.S. copyright law. The project’s goal is to help clear the way for U.S. universities, libraries, archives, museums, and other cultural institutions to digitize their orphan works and make the digital copies open access.”

The review, “Digitizing Orphan Works: Legal Strategies to Reduce Risks for Open Access to Copyrighted Orphan Works,” was written by David Hansen, clinical assistant professor of law and faculty research librarian at the UNC (University of North Carolina) School of Law. Its goal is to “change the face of the orphan-works problem in the United States.”"

Library offers workshop ‘Copyright and Fair Use for Graduate Students’; University of Delaware, 9/28/16

UDaily Staff, University of Delaware; Library offers workshop ‘Copyright and Fair Use for Graduate Students’ :

"The University of Delaware Library is offering a Nov. 17 workshop on “Copyright and Fair Use for Graduate Students,” which will deal with the practical application of copyright law and its fair use provisions.

Considering copyright at the beginning of the research process will simplify the completion of the degree requirements for graduate students. Attendees will learn why and when copyright is important to scholars – researchers, writers and teachers – and these important skills:

• How to determine when permission is needed to use an excerpt or image;

• How to obtain permission; what to do when permission to use an image or excerpt cannot be obtained; and

• How to evaluate if fair use may be an appropriate defense for your use of material protected by copyright...

The workshop is available at no charge is open to University of Delaware faculty, staff and students."

Thanks to copyright law, Donald Trump Jr.’s controversial Skittles photo is now gone; Boston Globe, 9/28/16

Nicole Hernandez, Boston Globe; Thanks to copyright law, Donald Trump Jr.’s controversial Skittles photo is now gone:

"Copyrights: Even in the digital age, you must respect them.

Donald Trump Jr.’s controversial Skittles image that was tweeted last week has been taken down after a report from the copyright holder, according to a message that now replaces the photo."

Warning: This article on trademarks may include language deemed ‘scandalous, immoral or disparaging’; Washington Post, 9/30/16

Fred Barbash, Washington Post; Warning: This article on trademarks may include language deemed ‘scandalous, immoral or disparaging’ :

"It is a law called the Lanham Act that gives the federal government the power to refuse to register or to cancel trademarks deemed scandalous, immoral or disparaging — let’s call it SIOD for short.

On the basis of that law, the United States Patent and Trademark Office, for example, determined that Redskins, as in Washington Redskins, was SIOD and canceled its trademark...

The primary purpose of the 1905 Trade Mark Act, later reenacted as the Lanham Act in 1946, is twofold, as Carpenter and Murphy wrote in their law review article, “including lessening of consumer search costs and encouraging producers of goods and services ‘to invest in quality by ensuring that they, and not their competitors, reap the reputation-related rewards of that investment,’ thereby protecting consumers from deceptive practices.”...

What is SIOD?

“It is always going to be just a matter of the personal opinion of the individual parties as to whether they think it is disparaging,” said the PTO’s assistant commissioner in 1939, as he explained his own discomfort."

Concept to Commercialization course for Pitt faculty and grad students; University of Pittsburgh, 1/29/16

University of Pittsburgh; Concept to Commercialization course for Pitt faculty and grad students:

"Concept to Commercialization is a course for Pitt faculty and grad students. It will help you learn how to protect your intellectual property, learn about the realities of entrepreneurship, and recognize the commercial potential of a scientific discovery."

Supreme Court Takes Up Case That Could Affect Redskins Trademark; NPR, 9/29/16

Eyder Peralta, NPR; Supreme Court Takes Up Case That Could Affect Redskins Trademark:

"The Supreme Court has decided to hear a case that might decide whether the government can deny Washington's NFL team a trademark because it has deemed the team name is offensive.

The court granted certiorari on Lee V. Tam. If you remember, The Slants, an Asian-American rock band, sued the U.S. Patent and Trademark Office because it refused to trademark their name saying it proved offensive.

In December of last year, the Court of Appeals for the Federal Circuit decided that the band's name was private speech and therefore protected by the First Amendment."

Pitt Innovation Showcase; University of Pittsburgh, 9/28/16

[Press Release] University of Pittsburgh; Pitt Innovation Showcase:

"The Pitt Innovation Showcase is your opportunity to see firsthand the exciting technologies being developed and moved toward commercialization at Pitt. It is also the opening reception for Science 2016.

Please plan on stopping by Alumni Hall on Wednesday, October 19, from 4-7 p.m. to network with Pitt Innovators, investors, entrepreneurs and members of the regional startup community.

The event begins with the Michael G. Wells Entrepreneurial Scholars Lecture that features this year a panel of leading healthcare entrepreneurs and investors who will give a behind-the-scenes look at getting a healthcare innovation from the lab to the market.

This will be followed by the announcement of the winners of the Wells Students Healthcare Competition and the Kuzneski Innovation Cup.

The Opening Reception and Innovation Showcase begin at 5 p.m. in the J.W. Connolly Ballroom, First Floor.

Come and be inspired by the Pitt faculty, students and staff who are working to make their entrepreneurial dreams a reality and make an impact on the world.

Click here to register."

Can You Trademark a Cocktail Recipe?; Daily Beast, 9/27/16

Philip Greene, Daily Beast; Can You Trademark a Cocktail Recipe? :

"One of the most stressful drinks for a bar to put on its menu is one of the simplest: the Dark ‘n Stormy®. It’s certainly not the preparation that causes anxiety—just about anybody can make a serviceable version of this refreshing rum and ginger beer highball—but the brand of rum used can cause trouble.

It’s one of the few drinks (along with the Painkiller®) whose name is actually trademarked. In this case, Gosling’s Rum controls the moniker Dark ‘n Stormy, and if you put the drink on a menu it better be made with that brand of rum. If not, you might just get a cease and desist letter.

This, naturally, raises the question: Why aren’t more bartenders trademarking cocktail names? It’s a simple query with a long answer. Even as a trademark attorney and a cocktail geek, with one foot firmly in each field (well, maybe one is perched on the rail), I find it complicated to untangle."

U.S. man held for allegedly breaching trademark of Tokyo games logo; Japan Times, 9/28/16

Japan Times; U.S. man held for allegedly breaching trademark of Tokyo games logo:

"A U.S. citizen living in southwestern Japan has been arrested for trademark infringement through unauthorized use of a 2020 Tokyo Olympics and Paralympics logo, police said Wednesday.

David Roy Uhlstein, an assistant language teacher in Kumamoto Prefecture, is suspected of having sold five items such as mugs and smartphone cases bearing the logo for the Tokyo campaign to host the Games without the organizing committee’s permission, according to the police...

Uhlstein said he did not know that authorization by the Tokyo Organizing Committee of the Olympic and Paralympic Games was necessary to use the logo, the police said.

Uhlstein printed the logo by downloading it from the internet, attaching it to plain mugs and smartphone cases, and posting the items for sale through his own online store, according to the police."

The man who created the Hamdog is now selling his US patent; CNBC, 9/28/16

Matt Clinch, CNBC; The man who created the Hamdog is now selling his US patent:

"Following a week of intense media attention, the man who created a new food that merges a hot dog and a hamburger has decided to auction off his intellectual property rights.

The Hamdog was invented in 2004 by Mark Murray, who lives in Perth, Australia. He successfully applied for patents in the U.S., but after his story went viral last week, has decided to "pass it onto an entity that has the criteria required to roll it out in America.""

"Phonebooks"; Pearls Before Swine, GoComics, 9/28/16

Stephan Pastis, Pearls Before Swine, Go Comic; "Phone Books" :

[Kip Currier: Yesterday in my IP and "Open" Movements course, I was talking about the landmark U.S. Supreme Court copyright case, Feist Publications v. Rural Telephone Service Co. (involving discussion of whether the White Pages and Yellow Pages phone books were "original" works subject to copyright protection), and checked with my students to make sure everyone knew what a "phone book" was. They did. Timely seeing this "Pearls Before Swine" comic strip today.]

STRANGER THINGS GETS BUFFY-STYLE CREDITS IN FAN VIDEO; Comic Book Resources, 9/26/16

Jacob Hill, Comic Book Resources; STRANGER THINGS GETS BUFFY-STYLE CREDITS IN FAN VIDEO:

"Considering its heavily ’80s-influenced tone, YouTuber Tony Harley decided to re-style “Stranger Things” with one of the most iconic opening sequences of the 1990s — the title sequence of “Buffy the Vampire Slayer.” It makes sense as both are stories about kids struggling against a strange supernatural threat and both star awesome ladies with three-part names. Millie Bobby Brown takes the place of Sarah Michelle Gellar as the lead-in character, while Winona Ryder gets the place of honor at the end of the credits — a place held by “Anthony Stewart Head as Giles” and later “Alyson Hannigan as Willow”."

Commemorating Five Years of the America Invents Act; USPTO Director's Forum Blog: Guest Blog by Dana Robert Colarulli, Director of the Office of Governmental Affairs, 9/26/16

USPTO Director's Forum Blog: Guest Blog by Dana Robert Colarulli, Director of the Office of Governmental Affairs; Commemorating Five Years of the America Invents Act:

"We’ve come a long way in five years. The Leahy-Smith America Invents Act (AIA), signed in 2011 by President Obama, modernized the U.S. patent system and, as a result, helped strengthen America’s competitiveness in the global economy. Together with our stakeholders, the USPTO sought to implement the act consistent with the intent of Congress to increase certainty in our nation’s intellectual property (IP) landscape and enable the brightest ideas and most ambitious endeavors in the world to come to light...

The USPTO has delivered on that promise by reducing the patent application backlog by nearly 30 percent from its high in early 2009, speeding up examination including introducing a fast track option with discounts for small entities, and leveraging the increased financial stability and fee setting authority provided by the act to reinvest user fees into increasing quality under Director Lee’s Enhanced Patent Quality Initiative.

And just this week, the USPTO and the Economics & Statistics Administration at the Department of Commerce released an updated report on the impact of IP on the U.S. economy, reiterating in quantifiable terms the importance of a well-functioning IP system."

Las Vegas NHL team files trademark applications for Silver Knights, Desert Knights and Golden Knights nicknames; IPWatchdog, 9/26/16

Steve Brachmann, IPWatchdog; Las Vegas NHL team files trademark applications for Silver Knights, Desert Knights and Golden Knights nicknames:

"A series of 12 trademark applications filed by Black Knight Sports and Entertainment, LLC, the consortium which owns the new NHL franchise, with the U.S. Patent and Trademark Office gives us a good idea of the three team nicknames which have made it to the final round of consideration. According to these trademark applications, the NHL team in Las Vegas will take one of the following names: Silver Knights, Golden Knights or Desert Knights. Interestingly, the Las Vegas franchise cannot use Knights by itself as the team will play in Canada and the Canadian rights to that name are held by the London Knights of the Ontario Hockey League...

A search of trademarks held by other NHL teams shows that the Las Vegas franchise will likely apply for many more trademark protections after a team nickname is officially announced. The Pittsburgh Penguins, the NHL’s reigning Stanley Cup Champions, have filed 64 trademark applications with the USPTO, 41 of which have resulted in registered trademarks and 40 of which are still live whether they’re registered or still in the application phase."