Editorial Board, New York Times; Free Speech at the Supreme Court
"The Supreme Court reaffirmed core free-speech principles in two cases on Monday, both decided without dissent...
"The Patent and Trademark Office rejected the name under a provision in a 70-year-old federal law prohibiting the registration of trademarks that “disparage” any “persons, living or dead, institutions, beliefs, or national symbols.”
Writing for the majority, Justice Samuel Alito said the law violates a “bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.” That’s the right call. The First Amendment bars the government from discriminating among speakers based on their viewpoints. In this case, the Trademark Office did that by blocking only registrations for trademarks it determined to have negative connotations. The free-speech clause doesn’t apply to the government’s own speech, but registered trademarks can’t be put in that category — otherwise the government would have to argue that it endorses each of the more than two million trademarks it has already registered.
The decision is likely to help the Washington Redskins, who lost their trademark protections in 2014 after years of complaints from Native American groups. At the time, this page supported the Trademark Office’s decision, and we still regard the Redskins name as offensive. Based on this case, however, we’ve since reconsidered our underlying position."
Tuesday, June 20, 2017
Criticized Team Names Get a Legal Lift, but the Price Could Be High; New York Times, June 19, 2017
Ken Belson, New York Times; Criticized Team Names Get a Legal Lift, but the Price Could Be High
"After years of mounting disapproval involving one of the N.F.L.’s most established and lucrative brands, the Redskins cheered the ruling, which the team most likely will use to seek the restoration of trademark protections the government took away in 2014 on the grounds the nickname was offensive.
“I am THRILLED!” the team’s owner, Dan Snyder, said in a statement. “Hail to the Redskins.”...
Still, while those who have resisted name changes might see a symbolic lift from the court, they will have to weigh whether keeping their names hurts their image or even their bottom line.
“What the Supreme Court has said is you don’t have to change your name if you don’t want to, because you can protect it with a federally protected trademark,” said Josh Schiller, a lawyer at Boies Schiller Flexner in New York who specializes in sports and media law. “But culturally, it is important to consider whether the name still offends people, and whether it will build good will around the mark.”"
"After years of mounting disapproval involving one of the N.F.L.’s most established and lucrative brands, the Redskins cheered the ruling, which the team most likely will use to seek the restoration of trademark protections the government took away in 2014 on the grounds the nickname was offensive.
“I am THRILLED!” the team’s owner, Dan Snyder, said in a statement. “Hail to the Redskins.”...
Still, while those who have resisted name changes might see a symbolic lift from the court, they will have to weigh whether keeping their names hurts their image or even their bottom line.
“What the Supreme Court has said is you don’t have to change your name if you don’t want to, because you can protect it with a federally protected trademark,” said Josh Schiller, a lawyer at Boies Schiller Flexner in New York who specializes in sports and media law. “But culturally, it is important to consider whether the name still offends people, and whether it will build good will around the mark.”"
Supreme Court turns down EFF’s “Dancing Baby” fair use case; Ars Technica, June 19, 2017
Joe Mullin, Ars Technica, Supreme Court turns down EFF’s “Dancing Baby” fair use case
"The Supreme Court has decided not to take up the case of Lenz v. Universal, a ten-year-old copyright lawsuit initiated by the Electronic Frontier Foundation that helped determine the boundaries of "fair use."
"The Supreme Court has decided not to take up the case of Lenz v. Universal, a ten-year-old copyright lawsuit initiated by the Electronic Frontier Foundation that helped determine the boundaries of "fair use."
Today's order leaves standing an earlier ruling by the US Court of Appeals for the 9th Circuit. EFF called that ruling a "strong precedent," while at the same time acknowledging it did not go far enough...
Now that the 9th Circuit precedent stands, EFF will have to decide whether or not it wants to push forward with a jury trial. The damages boundaries have already been set by earlier judicial decisions, so Lenz wouldn't be able to get more than "nominal" damages. That wouldn't be much, since her video was removed for only a couple weeks and has remained up since, garnering more than 1.9 million views.
EFF Legal Director Corynne McSherry said she's disappointed the Supreme Court didn't take the case, since DMCA abuse is "well-documented and all too common."...
At the end of the day, the Lenz case is a clear demonstration that Section 512(f) of the DMCA, which allows for lawsuits and damages against copyright owners, is unlikely to ever be a powerful tool. From a user's perspective, it's hard to imagine what could be a more clear case of fair use than the Lenz video, which features less than 40 seconds of staticky-sounding background music. If copyright owners can say they satisfied the legal requirement by saying, "We considered fair use, but didn't see it," then not much can stop them from basically blowing off 512(f). Few future plaintiffs will be able to summon the legal resources that Lenz did."
Why the Supreme Court protects offensive trademarks but not Texas plates with Confederate flag; Dallas Morning News, June 19, 2017
Julieta Chiquillo, Dallas Morning News;
"When Alito struck down efforts to equate the Oregon case with the one in Texas, he highlighted three points:
Why the Supreme Court protects offensive trademarks but not Texas plates with Confederate flag
"When Alito struck down efforts to equate the Oregon case with the one in Texas, he highlighted three points:
First, license plates have long been used by states to convey messages. Second, license plates are usually identified with the state because they are considered a form of government ID, one that is manufactured by the state and generally designed by the state. Third, Texas "maintained direct control" of the messages in its plates.
"None of these factors are present in this case," Alito wrote in The Slants opinion."
Monday, June 19, 2017
The Supreme Court gives the country some necessary guidance on free speech; Washington Post, June 19, 2017
Editorial Board, Washington Post; The Supreme Court gives the country some necessary guidance on free speech
"THE UNITED STATES is engaged just now in a freewheeling debate about — freewheeling debate. Or, to put it more precisely, about how freewheeling debate should normally be. The struggle is being waged across various battlegrounds — college campuses, social media, New York theater, even the air-conditioned offices in which federal employees decide whether to protect trademarks, such as that of Washington’s National Football League franchise.
Now comes the Supreme Court with a strong statement in favor of free speech, to include speech that many find offensive. With the support of all eight justices who participated in the case (new Justice Neil M. Gorsuch being the exception), the court struck down a 71-year-old law requiring the Patent and Trademark Office to deny registration to brands that may “disparage” people or bring them “into contemp[t] or disrepute.” The ruling means that a dance-rock band may henceforth call itself “the Slants” on the same legal basis that, say, Mick Jagger’s bunch uses “the Rolling Stones” — even though many Asian Americans find the term derogatory and demeaning...
As the court’s decision reminds us, constitutional and decent are not the same thing."
"THE UNITED STATES is engaged just now in a freewheeling debate about — freewheeling debate. Or, to put it more precisely, about how freewheeling debate should normally be. The struggle is being waged across various battlegrounds — college campuses, social media, New York theater, even the air-conditioned offices in which federal employees decide whether to protect trademarks, such as that of Washington’s National Football League franchise.
Now comes the Supreme Court with a strong statement in favor of free speech, to include speech that many find offensive. With the support of all eight justices who participated in the case (new Justice Neil M. Gorsuch being the exception), the court struck down a 71-year-old law requiring the Patent and Trademark Office to deny registration to brands that may “disparage” people or bring them “into contemp[t] or disrepute.” The ruling means that a dance-rock band may henceforth call itself “the Slants” on the same legal basis that, say, Mick Jagger’s bunch uses “the Rolling Stones” — even though many Asian Americans find the term derogatory and demeaning...
As the court’s decision reminds us, constitutional and decent are not the same thing."
The Slants Win Supreme Court Battle Over Band's Name In Trademark Dispute; NPR, June 19, 2017
Bill Chappell, NPR; The Slants Win Supreme Court Battle Over Band's Name In Trademark Dispute
[Kip Currier: A big 8-0 U.S. Supreme Court decision for Asian American rock band The Slants today. I met The Slants at an April 27, 2017 event, hosted by Duquesne University's School of Law and Mary Pappert School of Music, discussing conflicting aspects of U.S. trademark law (specifically, the Lanham Act's provision addressing "disparaging trademarks") and the 1st Amendment and freedom of expression. Some photos I took at that event:]
"Members of the Asian-American rock band The Slants have the right to call themselves by a disparaging name, the Supreme Court says, in a ruling that could have broad impact on how the First Amendment is applied in other trademark cases."
[Kip Currier: A big 8-0 U.S. Supreme Court decision for Asian American rock band The Slants today. I met The Slants at an April 27, 2017 event, hosted by Duquesne University's School of Law and Mary Pappert School of Music, discussing conflicting aspects of U.S. trademark law (specifically, the Lanham Act's provision addressing "disparaging trademarks") and the 1st Amendment and freedom of expression. Some photos I took at that event:]
"Members of the Asian-American rock band The Slants have the right to call themselves by a disparaging name, the Supreme Court says, in a ruling that could have broad impact on how the First Amendment is applied in other trademark cases."
Amazon has a patent to keep you from comparison shopping while you’re in its stores; Washington Post, June 16, 2017
Brian Fung, Washington Post; Amazon has a patent to keep you from comparison shopping while you’re in its stores
"Amazon was awarded a patent May 30 that could help it choke off a common issue faced by many physical stores: Customers’ use of smartphones to compare prices even as they walk around a shop. The phenomenon, often known as mobile “window shopping,” has contributed to a worrisome decline for traditional retailers.
But Amazon now has the technology to prevent that type of behavior when customers enter any of its physical stores and log onto the WiFi networks there. Titled “Physical Store Online Shopping Control,” Amazon’s patent describes a system that can identify a customer’s Internet traffic and sense when the smartphone user is trying to access a competitor’s website. (Amazon chief executive Jeffrey P. Bezos is also the owner of The Washington Post.)...
Just because a company wins a patent doesn’t necessarily mean it’ll use it. Sometimes companies file for patents to ensure they have the option to put the idea into practice later, or to keep other companies from implementing the concept. So, a system such as the kind Amazon’s envisioning might never be rolled out. And even if it is, chances are shoppers could still get around the system by staying off the in-store WiFi."
"Amazon was awarded a patent May 30 that could help it choke off a common issue faced by many physical stores: Customers’ use of smartphones to compare prices even as they walk around a shop. The phenomenon, often known as mobile “window shopping,” has contributed to a worrisome decline for traditional retailers.
But Amazon now has the technology to prevent that type of behavior when customers enter any of its physical stores and log onto the WiFi networks there. Titled “Physical Store Online Shopping Control,” Amazon’s patent describes a system that can identify a customer’s Internet traffic and sense when the smartphone user is trying to access a competitor’s website. (Amazon chief executive Jeffrey P. Bezos is also the owner of The Washington Post.)...
Just because a company wins a patent doesn’t necessarily mean it’ll use it. Sometimes companies file for patents to ensure they have the option to put the idea into practice later, or to keep other companies from implementing the concept. So, a system such as the kind Amazon’s envisioning might never be rolled out. And even if it is, chances are shoppers could still get around the system by staying off the in-store WiFi."
114-year-old Taj Palace becomes first Indian building to get trademark; The Times of India, June 19, 2017
Reeba Zachariah & Vipashana V K, The Times of India; 114-year-old Taj Palace becomes first Indian building to get trademark
"MUMBAI: The iconic Taj Mahal Palace in Mumbai has just got itself trademarked. This makes the 114-year-old building the first in the country to get such a registration. The hotel, which has been a defining structure of Mumbai's skyline, has joined the elite and small club of trademarked properties in the world which includes the Empire State Building in New York, the Eiffel Tower in Paris and Sydney Opera House.
"MUMBAI: The iconic Taj Mahal Palace in Mumbai has just got itself trademarked. This makes the 114-year-old building the first in the country to get such a registration. The hotel, which has been a defining structure of Mumbai's skyline, has joined the elite and small club of trademarked properties in the world which includes the Empire State Building in New York, the Eiffel Tower in Paris and Sydney Opera House.
Usually, logos, brand names, combination of colours, numerals and even sounds are trademarked but the registration of an architectural design has never been attempted since the Trademark Act came into force in 1999."
European court of justice rules Pirate Bay is infringing copyright; Guardian, June 15, 2017
Alex Hern, Guardian; European court of justice rules Pirate Bay is infringing copyright
"The European court of justice (ECJ) has ruled that BitTorrent site The Pirate Bay is directly infringing copyright, in a move that could lead to ISPs and governments blocking access to other torrent sites across Europe.
The ruling comes after a seven-year legal battle, which has seen the site, founded in Sweden in 2003, blocked and seized, its offices raided, and its three founders fined and jailed."
"The European court of justice (ECJ) has ruled that BitTorrent site The Pirate Bay is directly infringing copyright, in a move that could lead to ISPs and governments blocking access to other torrent sites across Europe.
The ruling comes after a seven-year legal battle, which has seen the site, founded in Sweden in 2003, blocked and seized, its offices raided, and its three founders fined and jailed."
Sunday, June 18, 2017
Theft of intellectual property is a crime; St. Cloud Times, June 17, 2017
[Kip Currier: Wow...do we ever need more Intellectual Property education and awareness; lots of misconceptions and confusion out there. (Brief aside: See this story I posted a few days ago highlighting widespread confusion between copyrights and trademarks.)
This Op-Ed by Karen Cyson presents a wildly unbalanced understanding of the checks-and-balances codified within U.S. copyright law; regardless of whether one is or is not swayed by the facts of the alleged infringement. One of the biggest issues I have with this piece is that copyright law is often much more grey, more dependent on the specific facts of each particular case than Cyson makes it out to be:
No mention at all about whether the defense/doctrine of fair use might be applicable.
No acknowledgement of the increasing role of transformativeness within copyright law.
No insights into the downsides of copyright for the quilting community. No benchmarking comparisons made between the fashion industry (where there is no copyright protection for designs, at present, though various bills have been introduced over the past several years) and the quilting community.
And no distinctions between "attribution" and "infringement".
For an informative, more balanced look at the issues, read Tech Dirt's Glyn Moody (2012) post What Quilting's Legal Battles Can Teach Us About Copyright ]
"We all know copying is wrong. If someone else wrote it, designed it, sang it, filmed it, drew it or photographed it, it's wrong to copy their work. It's illegal...
Theft of intellectual property — anyone's — is a crime. You can quote me. With attribution.
This is the opinion of Karen Cyson, a child-care provider in Stearns County and coordinator of Central MN Mensa. Her column is published the third Sunday of the month."
Russia Renewed Unused Trump Trademarks in 2016; New York Times, June 18, 2017
Mike McIntire, New York Times; Russia Renewed Unused Trump Trademarks in 2016
"Beyond the questions about Russian government approvals, the trademark renewals cast doubt on Mr. Trump’s oft-stated insistence that he has no business interests in Russia. Mr. Trump has made the claims in response to investigations of possible collusion between his associates and Russia during and after the election.
In January, he wrote on Twitter, “I HAVE NOTHING TO DO WITH RUSSIA — NO DEALS, NO LOANS, NO NOTHING!” He told NBC News in May that he has “no investments in Russia, none whatsoever.” And on Thursday, he expressed frustration on Twitter over scrutiny of his “non-dealings” in Russia.
Although Mr. Trump has not managed to develop hotels in Russia despite attempts over the years, and has disclosed no active business ventures there, his intellectual property holdings are a valuable commercial interest. The extension of trademarks such as “Trump International Hotel and Tower” protects his brand in that country and preserves conditions for potential business deals."
"Beyond the questions about Russian government approvals, the trademark renewals cast doubt on Mr. Trump’s oft-stated insistence that he has no business interests in Russia. Mr. Trump has made the claims in response to investigations of possible collusion between his associates and Russia during and after the election.
In January, he wrote on Twitter, “I HAVE NOTHING TO DO WITH RUSSIA — NO DEALS, NO LOANS, NO NOTHING!” He told NBC News in May that he has “no investments in Russia, none whatsoever.” And on Thursday, he expressed frustration on Twitter over scrutiny of his “non-dealings” in Russia.
Although Mr. Trump has not managed to develop hotels in Russia despite attempts over the years, and has disclosed no active business ventures there, his intellectual property holdings are a valuable commercial interest. The extension of trademarks such as “Trump International Hotel and Tower” protects his brand in that country and preserves conditions for potential business deals."
Saturday, June 17, 2017
Types of Intellectual Property Businesses Don’t Realize They Have; Inside Counsel, June 15, 2017
Amanda Ciccatelli, Inside Counsel; Types of Intellectual Property Businesses Don’t Realize They Have
"So, how can these smaller businesses know if they have valuable IP worth protecting?
According to [Leonard] Marquez [from Wendel Rosen Black & Dean], most IP counsel can conduct what is often referred to as an IP audit. Counsel can work with management to review the company’s operations and spot issues where IP is being generated, but where the company may not have all the protocols and other measures in place that it should to protect that IP...
"So, how can these smaller businesses know if they have valuable IP worth protecting?
According to [Leonard] Marquez [from Wendel Rosen Black & Dean], most IP counsel can conduct what is often referred to as an IP audit. Counsel can work with management to review the company’s operations and spot issues where IP is being generated, but where the company may not have all the protocols and other measures in place that it should to protect that IP...
What can smaller businesses do to ensure their IP is protected?
According to Marquez, once there is a recognition of the need to protect the company’s IP, management should proactively reach out to IP counsel. Each type of IP implicates its own unique set of considerations as far as protecting that IP.
He added, “Many trade secret misappropriation cases are won or lost on that issue alone. Each category of IP being generated and handled has to be considered and the appropriate measures taken to protect that IP.”"
First Intellectual Property Business Clinic June 22, 23, St. Maarten; Daily Herald, June 16, 2017
Daily Herald; First Intellectual Property Business Clinic June 22, 23, St. Maarten:
"Foundation INFOBIZZ, Bureau for Intellectual Property (BIP) St. Maarten and the Department of Economics, Transportation and Telecommunication (ETT) will host the first Intellectual Property Business Clinic in St. Maarten at the Holland House Beach Hotel on June 22 and 23, from 8:00am to 4:00pm. The two-day clinic is supported by the European Commission through COSME. Founder of IP (Intellectual Property) Exchange Caribbean Kayanne Anderson, who is also an intellectual property specialist and lawyer, will facilitate the event.
Anderson has worked for several governments in the region assisting them in building national brands and how to best protect that. During the IP clinic, one of the key aspects that will be shared is how to best use intellectual property to scale and grow a business while building assets within the business."
Thursday, June 15, 2017
Patent office has received 32 trademark requests for 'covfefe'; The Hill, June 15, 2017
Harper Neidig, The Hill; Patent office has received 32 trademark requests for 'covfefe'
"The U.S. Patent and Trademark Office (USPTO) has received more than 30 trademark requests containing the word “covfefe,” a term President Trump included in a cryptic tweet last month.
"The U.S. Patent and Trademark Office (USPTO) has received more than 30 trademark requests containing the word “covfefe,” a term President Trump included in a cryptic tweet last month.
The 32 trademark requests include two hashtag versions of the word, two companies seeking to claim the phrase “Covfefe Coffee” and 25 attempts to trademark the word alone."
Gene Simmons of Kiss tries to copyright 'devil horns' hand gesture; Associated Press via CTV News, June 15, 2017
Associated Press via CTV News; Gene Simmons of Kiss tries to copyright 'devil horns' hand gesture
[Kip Currier: Intellectual Property confusion--The headline should switch "copyright" (wrong!) with "trademark" (right!).
Curiously, the article says that Simmons applied to the U.S. Patent and Trademark Office (the correct place to apply for the kind of Intellectual Property for which Simmons is seeking protection), rather than the U.S. Copyright Office; the USPTO mention should have been an indicator that this is not a copyrightable work.
"Entertainment purposes" indicates the type of trademark class for which Simmons is seeking protection.
"Use in commerce" is also a requirement for federal trademark registration, not copyright registration.]
"Gene Simmons of Kiss is trying to copyright the devil horns gesture.
[Kip Currier: Intellectual Property confusion--The headline should switch "copyright" (wrong!) with "trademark" (right!).
Curiously, the article says that Simmons applied to the U.S. Patent and Trademark Office (the correct place to apply for the kind of Intellectual Property for which Simmons is seeking protection), rather than the U.S. Copyright Office; the USPTO mention should have been an indicator that this is not a copyrightable work.
"Entertainment purposes" indicates the type of trademark class for which Simmons is seeking protection.
"Use in commerce" is also a requirement for federal trademark registration, not copyright registration.]
"Gene Simmons of Kiss is trying to copyright the devil horns gesture.
The Hollywood Reporter reports Simmons has applied to the U.S. Patent and Trademark Office for protection of the gesture for entertainment purposes. He claims he first used it in commerce in 1974."
Wednesday, June 14, 2017
National Geographic Traveler Used My Photo for a Cover and Never Paid Me; PetaPixel, June 12, 2017
Mustafa Turgut, PetaPixel; National Geographic Traveler Used My Photo for a Cover and Never Paid Me
"After a couple of months of receiving no payment, I emailed them again asking them when they would be paying for the use of my photo on their cover.
They never responded to my email, and they have not responded to any contact attempt since then.
Frustrated, I began emailing the global National Geographic headquarters with my story. Although I have tried contacting headquarters over and over, I have yet to receive a single response.
I then began posting on National Geographic social media pages in 2013, but all of my posts were deleted shortly after I wrote them."
"After a couple of months of receiving no payment, I emailed them again asking them when they would be paying for the use of my photo on their cover.
They never responded to my email, and they have not responded to any contact attempt since then.
Frustrated, I began emailing the global National Geographic headquarters with my story. Although I have tried contacting headquarters over and over, I have yet to receive a single response.
I then began posting on National Geographic social media pages in 2013, but all of my posts were deleted shortly after I wrote them."
Fresno man arrested for allegedly uploading 'Deadpool' movie illegally; abc30.com, June 14, 2017
abc30.com; Fresno man arrested for allegedly uploading 'Deadpool' movie illegally
"A Fresno man accused of giving millions a free peek to the movie 'Deadpool' is now facing possible prison time.
Federal authorities arrested and charged Trevon Maurice Franklin with a federal crime Tuesday. The 2016 blockbuster movie not only grossed millions at the box office, the film was also a hit on Facebook...
"A Fresno man accused of giving millions a free peek to the movie 'Deadpool' is now facing possible prison time.
Federal authorities arrested and charged Trevon Maurice Franklin with a federal crime Tuesday. The 2016 blockbuster movie not only grossed millions at the box office, the film was also a hit on Facebook...
"They are trying to send a message with this case," [attorney Roger Bonakdar ] said. "To the community to warn them that there are very serious consequences to something they think is innocuous."
But Bonakdar says social media cases could also be harder to prosecute.
"You can track how many clicks, but there will be a question as to who watched the whole thing," he explained. "What's the real damage?""
"You can track how many clicks, but there will be a question as to who watched the whole thing," he explained. "What's the real damage?""
Flag on Water Stations Changed Due to Copyright Infringement; KRGV.com, May 25, 2017
KRGV.com; Flag on Water Stations Changed Due to Copyright Infringement
"[T]he American Red Cross sent the non-profit group a cease and desist letter warning the group is infringing on copyright laws."
"[T]he American Red Cross sent the non-profit group a cease and desist letter warning the group is infringing on copyright laws."
The Future of Big Data and Intellectual Property; Inside Counsel, June 13, 2017
Amanda Ciccatelli, Inside Counsel; The Future of Big Data and Intellectual Property
"Simon Webster, CEO at CPA Global, recently sat down with Inside Counsel to discuss how big data tools and technologies can be used in the patent world to drastically improve patent analysis – from how behavioural analysis can reveal the likelihood of patent issuance during prosecution to international IP portfolio management.
Today, big data is important when it comes to IP because it can help better decision making. In fact, up to 85 percent of a company’s value lies in its IP portfolio and it is often a key driver in the most high-profile acquisitions and mergers. Almost every company can improve its efficiency through modern technologies to drive increased insight through big data.
“Companies used to struggle to gain the required insight from data that helped them make better strategic decisions,” he said. “With the availability of on demand computing and storage and the application of artificial intelligence to process vast volumes of data quickly, all businesses are now looking for insight that can help shape company direction.”...
He added, “The argument for IP Officers to be an integral part of the entire business planning and development process has never been stronger. Armed with insight, driven from internal and external data, analysed effectively, IP professionals can extend their reach beyond the IP department and more fully shape boardroom strategy.”"
"Simon Webster, CEO at CPA Global, recently sat down with Inside Counsel to discuss how big data tools and technologies can be used in the patent world to drastically improve patent analysis – from how behavioural analysis can reveal the likelihood of patent issuance during prosecution to international IP portfolio management.
Today, big data is important when it comes to IP because it can help better decision making. In fact, up to 85 percent of a company’s value lies in its IP portfolio and it is often a key driver in the most high-profile acquisitions and mergers. Almost every company can improve its efficiency through modern technologies to drive increased insight through big data.
“Companies used to struggle to gain the required insight from data that helped them make better strategic decisions,” he said. “With the availability of on demand computing and storage and the application of artificial intelligence to process vast volumes of data quickly, all businesses are now looking for insight that can help shape company direction.”...
He added, “The argument for IP Officers to be an integral part of the entire business planning and development process has never been stronger. Armed with insight, driven from internal and external data, analysed effectively, IP professionals can extend their reach beyond the IP department and more fully shape boardroom strategy.”"
Trump Adds More Trademarks in China; New York Times, June 13, 2017
Sui-Lee wee, New York Times; Trump Adds More Trademarks in China
"President Trump is poised to add six new trademarks to his expanding portfolio in China, in sectors including veterinary services and construction, potentially renewing concerns about his possible conflicts of interest.
The latest trademarks expand Mr. Trump’s business interests in China, the world’s second-largest economy and a country he frequently blamed during the election campaign for the decline in American industrial jobs. Since taking office, he has softened that rhetoric.
He has nevertheless continued to receive approval in China for new trademarks. The country’s trademark office gave the president preliminary approval for six trademarks on June 6, according to the agency’s website.
Under Chinese law, a trademark with preliminary approval is formally registered after three months if the agency receives no objections."
"President Trump is poised to add six new trademarks to his expanding portfolio in China, in sectors including veterinary services and construction, potentially renewing concerns about his possible conflicts of interest.
The latest trademarks expand Mr. Trump’s business interests in China, the world’s second-largest economy and a country he frequently blamed during the election campaign for the decline in American industrial jobs. Since taking office, he has softened that rhetoric.
He has nevertheless continued to receive approval in China for new trademarks. The country’s trademark office gave the president preliminary approval for six trademarks on June 6, according to the agency’s website.
Under Chinese law, a trademark with preliminary approval is formally registered after three months if the agency receives no objections."
Tuesday, June 13, 2017
When a Computer Program Keeps You in Jail; New York Times, June 13, 2017
Rebecca Wexler, New York Times; When a Computer Program Keeps You in Jail
"The criminal justice system is becoming automated. At every stage — from policing and investigations to bail, evidence, sentencing and parole — computer systems play a role. Artificial intelligence deploys cops on the beat. Audio sensors generate gunshot alerts. Forensic analysts use probabilistic software programs to evaluate fingerprints, faces and DNA. Risk-assessment instruments help to determine who is incarcerated and for how long.
Technological advancement is, in theory, a welcome development. But in practice, aspects of automation are making the justice system less fair for criminal defendants.
The root of the problem is that automated criminal justice technologies are largely privately owned and sold for profit. The developers tend to view their technologies as trade secrets. As a result, they often refuse to disclose details about how their tools work, even to criminal defendants and their attorneys, even under a protective order, even in the controlled context of a criminal proceeding or parole hearing."
"The criminal justice system is becoming automated. At every stage — from policing and investigations to bail, evidence, sentencing and parole — computer systems play a role. Artificial intelligence deploys cops on the beat. Audio sensors generate gunshot alerts. Forensic analysts use probabilistic software programs to evaluate fingerprints, faces and DNA. Risk-assessment instruments help to determine who is incarcerated and for how long.
Technological advancement is, in theory, a welcome development. But in practice, aspects of automation are making the justice system less fair for criminal defendants.
The root of the problem is that automated criminal justice technologies are largely privately owned and sold for profit. The developers tend to view their technologies as trade secrets. As a result, they often refuse to disclose details about how their tools work, even to criminal defendants and their attorneys, even under a protective order, even in the controlled context of a criminal proceeding or parole hearing."
Copyright: as relevant as ever; Lexology, June 7, 2017
Rachel Sikwane, ENSafrica, Lexology; Copyright: as relevant as ever
"Copyright is a highly important area of IP law. Yet, it’s also an area that’s often ignored and misunderstood, partly because it generally doesn’t involve registration, and partly because of the uncertainties created by the digital age.
For those who have little experience or knowledge of copyright law, it’s an area of law that protects a wide range of things (referred to as “works”), including written works, artworks, musical works, sound recordings, films and computer programmes. In most countries (including South Africa), no registration is required, and the right comes into existence as soon as it is put into a material form – having a song in your mind does not give you copyright; you have to write it down or record it in some form. Even the most mundane work may enjoy copyright protection, provided that some effort went into creating it.
Copyright lasts for a very long time – in South Africa, the term is 50 years, and this runs from various dates such as the date of release or the date of death of the creator, depending on the type of work."
"Copyright is a highly important area of IP law. Yet, it’s also an area that’s often ignored and misunderstood, partly because it generally doesn’t involve registration, and partly because of the uncertainties created by the digital age.
For those who have little experience or knowledge of copyright law, it’s an area of law that protects a wide range of things (referred to as “works”), including written works, artworks, musical works, sound recordings, films and computer programmes. In most countries (including South Africa), no registration is required, and the right comes into existence as soon as it is put into a material form – having a song in your mind does not give you copyright; you have to write it down or record it in some form. Even the most mundane work may enjoy copyright protection, provided that some effort went into creating it.
Copyright lasts for a very long time – in South Africa, the term is 50 years, and this runs from various dates such as the date of release or the date of death of the creator, depending on the type of work."
Monday, June 12, 2017
A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate; BoingBoing, June 12, 2017
Cory Doctorow, BoingBoing; A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate
"Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called "Oh, The Places You'll Boldly Go," whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.
The Seuss estate argued that the book infringed its trademarks and copyrights. Now, the United States District Court for the Southern District of California court has ruled on the trademark question and found that there is no valid trademark claim thanks to "nominative fair use," and also indicated that it would be favorably disposed to fair use defenses on the copyright question.
The estate has two weeks to prove copyright damages and to amend its trademark claims."
"Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called "Oh, The Places You'll Boldly Go," whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.
The Seuss estate argued that the book infringed its trademarks and copyrights. Now, the United States District Court for the Southern District of California court has ruled on the trademark question and found that there is no valid trademark claim thanks to "nominative fair use," and also indicated that it would be favorably disposed to fair use defenses on the copyright question.
The estate has two weeks to prove copyright damages and to amend its trademark claims."
Next PTO Director must have management experience, patent savvy, and leadership skills; IPWatchdog, June 12, 2017
Judge Paul Michel, IPWatchdog; Next PTO Director must have management experience, patent savvy, and leadership skills
"All these ills can be addressed effectively by the PTO’s new Director, provided they have the necessary management experience, patent savvy, and leadership skills. Someone like me who has not run anything larger than a courthouse may lack the needed capabilities, as may someone who has run nothing larger than a litigation team or small law firm. Same for the gifted academics who provide such useful commentary on all matters patent. Same with former Capitol Hill staffers(I was once one myself). They all have their place, but it is not at the helm of America’s 13,000 person innovation agency.
Rather, we need someone from a large company who has shown leadership ability and has a proven record of successfully managing a significant part of a large organization. Of course, the person must also have experience prosecuting, licensing and litigating patents. And, a background in science or engineering. But many patent lawyers have such experiences. Few, however have the necessary management chops.
In my opinion, David Kappos embodied all these attributes to a great degree. And, he came from a long, highly successful career at IBM, where he ran a large operation that depended on using patent skills both for protecting patented inventions and defending against patent assertions by others. A company or law firm that primarily or only employs one or the other strategy is probably not the best talent pool from which to select a PTO Director, because achieving balance between owners and users is the key to success.
Finally, the person should have deep experience with the patent policy debates and the many agency reports and legislative proposals that have roiled the patent community for a decade. Today, those debates continue, unabated."
"All these ills can be addressed effectively by the PTO’s new Director, provided they have the necessary management experience, patent savvy, and leadership skills. Someone like me who has not run anything larger than a courthouse may lack the needed capabilities, as may someone who has run nothing larger than a litigation team or small law firm. Same for the gifted academics who provide such useful commentary on all matters patent. Same with former Capitol Hill staffers(I was once one myself). They all have their place, but it is not at the helm of America’s 13,000 person innovation agency.
Rather, we need someone from a large company who has shown leadership ability and has a proven record of successfully managing a significant part of a large organization. Of course, the person must also have experience prosecuting, licensing and litigating patents. And, a background in science or engineering. But many patent lawyers have such experiences. Few, however have the necessary management chops.
In my opinion, David Kappos embodied all these attributes to a great degree. And, he came from a long, highly successful career at IBM, where he ran a large operation that depended on using patent skills both for protecting patented inventions and defending against patent assertions by others. A company or law firm that primarily or only employs one or the other strategy is probably not the best talent pool from which to select a PTO Director, because achieving balance between owners and users is the key to success.
Finally, the person should have deep experience with the patent policy debates and the many agency reports and legislative proposals that have roiled the patent community for a decade. Today, those debates continue, unabated."
The Internet Is Where We Share — and Steal — the Best Ideas; New York Times, June 6, 2017
Jenna Wortham, New York Times; The Internet Is Where We Share — and Steal — the Best Ideas
"In April, a photograph of Rihanna and Lupita Nyong’o taken at a Miu Miu fashion show three years ago began recirculating online. Their friendly body language and chic clothes (Rihanna wore thigh-highs, fur and leather; Lupita a plum jacket with a jeweled collar) caught the imagination of the internet. A Twitter user named @1800SADGAL suggested that “Rihanna looks like she scams rich white men and Lupita is the computer-smart best friend that helps plan” the scams. People began talking about an “Ocean’s 11”-type film written by and starring black women. Issa Rae was nominated to write the script and Ava DuVernay to direct. All four women chimed in on Twitter, announcing their support, though what that meant seemed unclear. Like any other online frenzy, it disappeared after a few days.
But a few weeks later, Entertainment Weekly reported that the social-media fantasy was actually coming to life: Netflix beat out several bidders at Cannes to buy the concept, which could go into production as early as next year. Viewed one way, this is a tale about how the web has collapsed the distance between audience and creator. But it also raises questions about ownership in the digital age."
"In April, a photograph of Rihanna and Lupita Nyong’o taken at a Miu Miu fashion show three years ago began recirculating online. Their friendly body language and chic clothes (Rihanna wore thigh-highs, fur and leather; Lupita a plum jacket with a jeweled collar) caught the imagination of the internet. A Twitter user named @1800SADGAL suggested that “Rihanna looks like she scams rich white men and Lupita is the computer-smart best friend that helps plan” the scams. People began talking about an “Ocean’s 11”-type film written by and starring black women. Issa Rae was nominated to write the script and Ava DuVernay to direct. All four women chimed in on Twitter, announcing their support, though what that meant seemed unclear. Like any other online frenzy, it disappeared after a few days.
But a few weeks later, Entertainment Weekly reported that the social-media fantasy was actually coming to life: Netflix beat out several bidders at Cannes to buy the concept, which could go into production as early as next year. Viewed one way, this is a tale about how the web has collapsed the distance between audience and creator. But it also raises questions about ownership in the digital age."
Sunday, June 11, 2017
Disney seeks patent to block 3D-printed knockoffs; Orlando Sentinel, June 9, 2017
Paul Brinkmann, Orlando Sentinel; Disney seeks patent to block 3D-printed knockoffs
"As usual with Disney patents, it’s not clear whether the company actually wants to make the 3D scan-resist figurines, or if it’s just protecting research it has done."
"As usual with Disney patents, it’s not clear whether the company actually wants to make the 3D scan-resist figurines, or if it’s just protecting research it has done."
The problem with patents; Winnipeg Free Pres, June 10, 2017
Martin Cash, Winnipeg Free Press; The problem with patents
"The discovery that another manufacturer was using the "idle mode" feature was worrisome, but Tessier figured it would be dealt with because he had a patent with the understanding that he had a 20-year monopoly on that particular technology.
He found out fairly quickly was on his own and all the "monopoly" really meant was that he had the right to spend around $1 million in legal fees to compel others to acknowledge his market rights.
"Over the last year or so, I’ve learned an awful lot about patent protection," Tessier said. "Now I have to ask, why bother with a patent in the first place?"
His concerns are not just the fevered thoughts of a harried entrepreneur whose hard-won market share is being encroached on unfairly by a competitor with much greater resources and market heft.
It is, in fact, a long-standing gap in the dynamics of patent protection regulations that’s been well-known to patent professionals for some time.
Adrian Battison, a veteran patent agent with Ade & Company of Winnipeg, said, "It is a problem I have been worrying about for a long time. There is no question the enforcement of patents is a significant problem. You can obtain a Canadian patent for between $5,000 and $10,000 but to litigate it can cost $500,000 to $1 million. The average person with no access to sums of money simply can’t manage that kind of situation.""
"The discovery that another manufacturer was using the "idle mode" feature was worrisome, but Tessier figured it would be dealt with because he had a patent with the understanding that he had a 20-year monopoly on that particular technology.
He found out fairly quickly was on his own and all the "monopoly" really meant was that he had the right to spend around $1 million in legal fees to compel others to acknowledge his market rights.
"Over the last year or so, I’ve learned an awful lot about patent protection," Tessier said. "Now I have to ask, why bother with a patent in the first place?"
His concerns are not just the fevered thoughts of a harried entrepreneur whose hard-won market share is being encroached on unfairly by a competitor with much greater resources and market heft.
It is, in fact, a long-standing gap in the dynamics of patent protection regulations that’s been well-known to patent professionals for some time.
Adrian Battison, a veteran patent agent with Ade & Company of Winnipeg, said, "It is a problem I have been worrying about for a long time. There is no question the enforcement of patents is a significant problem. You can obtain a Canadian patent for between $5,000 and $10,000 but to litigate it can cost $500,000 to $1 million. The average person with no access to sums of money simply can’t manage that kind of situation.""
10 Intellectual Property Strategies For Technology Startups; Forbes, June 6, 2017
Richard Harroch and Neel Chatterjee, Forbes; 10 Intellectual Property Strategies For Technology Startups
"Intellectual property issues often are among the most important considerations that a technology startup will encounter. A startup will face numerous issues involving developing a product, hiring qualified employees, raising capital, and more. With all of these issues, intellectual property can feel distracting, expensive, or contrary to the goals of just getting a product to market before someone else does.
However, intellectual property is often the most valuable asset of a technology startup. Protecting intellectual property can be essential to obtaining venture capital funding or preventing competitors from unfairly competing with you.
In this article, we provide 10 critical intellectual property strategies for you to implement."
"Intellectual property issues often are among the most important considerations that a technology startup will encounter. A startup will face numerous issues involving developing a product, hiring qualified employees, raising capital, and more. With all of these issues, intellectual property can feel distracting, expensive, or contrary to the goals of just getting a product to market before someone else does.
However, intellectual property is often the most valuable asset of a technology startup. Protecting intellectual property can be essential to obtaining venture capital funding or preventing competitors from unfairly competing with you.
In this article, we provide 10 critical intellectual property strategies for you to implement."
Friday, June 9, 2017
Webinar: ABA-IPL Landslide Webinar Series: Practical Insights on Software Copyright Registration and Enforcement, June 20, 2017
ABA-IPL Landslide Webinar Series: Practical Insights on Software Copyright Registration and Enforcement
ABA-IPL Landslide® Webinar Series
Tuesday, June 20, 2017
1:00 pm - 2:30 pm EST
1.50 General CLE Credit Hours
Tuesday, June 20, 2017
1:00 pm - 2:30 pm EST
1.50 General CLE Credit Hours
While copyright law extends significant protection to computer software, creating a robust registration portfolio requires both strategy and creativity. The panel will identify and discuss key issues that arise when obtaining and enforcing copyright registrations in a world where the software to be protected and the infringers to be deterred evolve at a rapid pace. Addressing both Copyright Office guidance and noteworthy judicial decisions, the panelists will provide practical insights that transactional and litigation counsel can use in day-to-day practice.
Panelists:
- Gregory Stein, Ulmer & Berne LLP, Cleveland, OH (Moderator)
- John A Polito, Morgan, Lewis & Bockius LLP, San Francisco, CA
- Karen K Williams, SAP, San Francisco, CA
Intellectual Property 101: What Your Business Needs To Know About Copyright Law; Forbes, June 8, 2017
Art Neill, Forbes; Intellectual Property 101: What Your Business Needs To Know About Copyright Law
Co-authored with Teri Karobonik*
"Having an understanding of Intellectual Property law (IP) has become an essential skill for starting and growing a business. Many products, technologies, and creative works you make are protected by one of the four types of Intellectual Property Law: copyright, trademark, patent, and trade secret.
Unlike “real property” law, which governs physical property and land (think “real estate”), intellectual property governs the use of creative and technical works as well as brands.
Whether you’re interested in reusing content from others, or trying to protect your own content and ideas, it’s critical that you understand which types of Intellectual Property might be in play.
In the first part of this four part series, we’ll break down one of 4 main types of intellectual property, Copyright, and explain..."
Co-authored with Teri Karobonik*
"Having an understanding of Intellectual Property law (IP) has become an essential skill for starting and growing a business. Many products, technologies, and creative works you make are protected by one of the four types of Intellectual Property Law: copyright, trademark, patent, and trade secret.
Unlike “real property” law, which governs physical property and land (think “real estate”), intellectual property governs the use of creative and technical works as well as brands.
Whether you’re interested in reusing content from others, or trying to protect your own content and ideas, it’s critical that you understand which types of Intellectual Property might be in play.
In the first part of this four part series, we’ll break down one of 4 main types of intellectual property, Copyright, and explain..."
While EU Copyright Protests Mount, the Proposals Get Even Worse; Electronic Frontier Foundation (EFF), June 1, 2017
Jeremy Malcolm, Electronic Frontier Foundation (EFF); While EU Copyright Protests Mount, the Proposals Get Even Worse
"This week, EFF joined Creative Commons, Wikimedia, Mozilla, EDRi, Open Rights Group, and sixty other organizations in signing an open letter [PDF] addressed to Members of the European Parliament expressing our concerns about two key proposals for a new European "Digital Single Market" Directive on copyright.
These are the "value gap" proposal to require Internet platforms to put in place automatic filters to prevent copyright-infringing content from being uploaded by users (Article 13) and the equally misguided "link tax" proposal that would give news publishers a right to compensation when snippets of the text of news articles are used to link to the original source (Article 11)."
"This week, EFF joined Creative Commons, Wikimedia, Mozilla, EDRi, Open Rights Group, and sixty other organizations in signing an open letter [PDF] addressed to Members of the European Parliament expressing our concerns about two key proposals for a new European "Digital Single Market" Directive on copyright.
These are the "value gap" proposal to require Internet platforms to put in place automatic filters to prevent copyright-infringing content from being uploaded by users (Article 13) and the equally misguided "link tax" proposal that would give news publishers a right to compensation when snippets of the text of news articles are used to link to the original source (Article 11)."
Open Data And The Fight Against Disease; HuffPost, June 8, 2017
Adi Gaskell, HuffPost; Open Data And The Fight Against Disease
"Recently the Open Data Barometer produced its fourth analysis of the state of open data around the globe. The index ranks governments on a range of factors, including the maturity of its open data initiatives, the implementation of open data programs, and the impact those programs have had.
The index, which has the United Kingdom on top of the pile, highlights the variability in open data around the world, both within the developed world but also the developing world.
Nowhere is the importance of open data as critical as in healthcare, and a recent paper from the European Commission highlights some of the benefits, and challenges, of doing so, with a number of fascinating case studies from across Europe."
"Recently the Open Data Barometer produced its fourth analysis of the state of open data around the globe. The index ranks governments on a range of factors, including the maturity of its open data initiatives, the implementation of open data programs, and the impact those programs have had.
The index, which has the United Kingdom on top of the pile, highlights the variability in open data around the world, both within the developed world but also the developing world.
Nowhere is the importance of open data as critical as in healthcare, and a recent paper from the European Commission highlights some of the benefits, and challenges, of doing so, with a number of fascinating case studies from across Europe."
Sources: Lee quit amid tensions over Patent Office funding; Politico, June 7, 2017
Nancy Scola, Politico; Sources: Lee quit amid tensions over Patent Office funding
"Intrigue continues to surround Michelle Lee's abrupt resignation Tuesday as director of the U.S. Patent and Trademark Office, with some sources saying it was triggered by the Trump administration's efforts to tap her agency's funding to pay for services at the Commerce Department."
"Intrigue continues to surround Michelle Lee's abrupt resignation Tuesday as director of the U.S. Patent and Trademark Office, with some sources saying it was triggered by the Trump administration's efforts to tap her agency's funding to pay for services at the Commerce Department."
Wednesday, June 7, 2017
The U.S. patent office has named its interim successor to Michelle Lee; Washington Post, June 7, 2017
Brian Fung, Washington Post; The U.S. patent office has named its interim successor to Michelle Lee
"The Commerce Department has tapped Joseph Matal, an associate solicitor at the U.S. Patent and Trademark office, to succeed Michelle Lee as interim director of the intellectual property agency, according to the USPTO.
Matal's appointment comes one day after Lee abruptly resigned from her position. As a temporary replacement, Matal does not need to be confirmed by the U.S. Senate.
Matal has served at the patent office for nearly five years, representing the agency in federal court."
"The Commerce Department has tapped Joseph Matal, an associate solicitor at the U.S. Patent and Trademark office, to succeed Michelle Lee as interim director of the intellectual property agency, according to the USPTO.
Matal's appointment comes one day after Lee abruptly resigned from her position. As a temporary replacement, Matal does not need to be confirmed by the U.S. Senate.
Matal has served at the patent office for nearly five years, representing the agency in federal court."
U.S. Patent and Trademark Office Head Michelle Lee Resigns; Reuters via Fortune, June 6, 2017
Reuters via Fortune; U.S. Patent and Trademark Office Head Michelle Lee Resigns
"U.S. Patent and Trademark Office Director Michelle Lee, who has won praise from technology companies for taking steps to minimize abusive patent litigation, resigned from her position on Tuesday, a spokesman for the agency has confirmed.
She joined the agency in 2012 and became interim director in 2013 before being formerly nominated as director by then-President Barack Obama in 2014."
"U.S. Patent and Trademark Office Director Michelle Lee, who has won praise from technology companies for taking steps to minimize abusive patent litigation, resigned from her position on Tuesday, a spokesman for the agency has confirmed.
She joined the agency in 2012 and became interim director in 2013 before being formerly nominated as director by then-President Barack Obama in 2014."
Copyright in Seismic Data is Confirmed; JDSupra, June 7, 2017
JDSupra; Copyright in Seismic Data is Confirmed
"In a decision last year, GSI (Geophysical Service Incorporated) sued to win control over seismic data that it claimed to own. GSI used copyright principles to argue that by creating databases of seismic data, it was the proper owner of the copyright in such data. GSI argued that Encana, by copying and using that data without the consent of GSI, was engaged in copyright infringement. That was the core of GSI’s argument in multi-party litigation, which GSI brought against Encana and about two dozen other industry players, including commercial copying companies and data resellers. The data, originally gathered and “authored” by GSI, was required to be disclosed to regulators under the regime which governs Canadian offshore petroleum resources. Seismic data is licensed to users under strict conditions, and for a fee. Copying the seismic data, by any method or in any form, is not permitted under these license agreements. However, it is customary for many in the industry to acquire copies of the data from the regulator, after the privilege period expired, and many took advantage of this method of accessing such data."
"In a decision last year, GSI (Geophysical Service Incorporated) sued to win control over seismic data that it claimed to own. GSI used copyright principles to argue that by creating databases of seismic data, it was the proper owner of the copyright in such data. GSI argued that Encana, by copying and using that data without the consent of GSI, was engaged in copyright infringement. That was the core of GSI’s argument in multi-party litigation, which GSI brought against Encana and about two dozen other industry players, including commercial copying companies and data resellers. The data, originally gathered and “authored” by GSI, was required to be disclosed to regulators under the regime which governs Canadian offshore petroleum resources. Seismic data is licensed to users under strict conditions, and for a fee. Copying the seismic data, by any method or in any form, is not permitted under these license agreements. However, it is customary for many in the industry to acquire copies of the data from the regulator, after the privilege period expired, and many took advantage of this method of accessing such data."
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