Sophie Christie, Telegraph; Microsoft v MikeRoweSoft and Iceland v Iceland: Five of the strangest trademark disputes
"Poundland is in the middle of a legal dispute with US food giant Mondelēz over the trademarking of the Toblerone chocolate bar.
The budget retailer has claimed that Toblerone is no longer distinctive enough to be a valid trademark, as it attempts to defend its right to launch its own bar Twin Peaks.
The legal wrangle is one of many brand name battles over trademarks. We take a look at five of the biggest - and most surprising - below."
Saturday, August 19, 2017
Thursday, August 17, 2017
With ‘Open Access,’ the Met Museum’s Digital Operation Has a Bona Fide Hit on Its Hands; artnetnews, August 10, 2017
Sarah Cascone, artnetnews; With ‘Open Access,’ the Met Museum’s Digital Operation Has a Bona Fide Hit on Its Hands
"In February, New York’s Metropolitan Museum of Art announced that it was pursuing a new Open Access policy—releasing high-resolution imagery of all its public-domain works (over 375,000 in total). Six months later, the new initiative has had a major impact on sites such as Wikimedia and Creative Commons, and the museum is continuing to branch out. This week, the Met announced a partnership with Google’s data analytics platform, BigQuery.
“During what is just the dawn of this new initiative, the responses so far have been incredible,” wrote Loic Tallon, the museum’s chief digital officer, in a blog post.
The numbers speak for themselves. According to Tallon, the Met’s website has seen a 64 percent increase in image downloads since Open Access was implemented, as well as a 17 percent bump in traffic to the online collection. Users who download photographs are now spending five times as long on the site."
"In February, New York’s Metropolitan Museum of Art announced that it was pursuing a new Open Access policy—releasing high-resolution imagery of all its public-domain works (over 375,000 in total). Six months later, the new initiative has had a major impact on sites such as Wikimedia and Creative Commons, and the museum is continuing to branch out. This week, the Met announced a partnership with Google’s data analytics platform, BigQuery.
“During what is just the dawn of this new initiative, the responses so far have been incredible,” wrote Loic Tallon, the museum’s chief digital officer, in a blog post.
The numbers speak for themselves. According to Tallon, the Met’s website has seen a 64 percent increase in image downloads since Open Access was implemented, as well as a 17 percent bump in traffic to the online collection. Users who download photographs are now spending five times as long on the site."
Augusta National Sues to Stop Auction of Green Jackets; New York Times, August 14, 2017
Associated Press via New York Times; Augusta National Sues to Stop Auction of Green Jackets
"Green Jacket Auctions is in "wrongful possession" of all three jackets and does not hold the legal title to any of them, the lawsuit says.
Additionally, the online sale includes silverware stamped with the trademarked Augusta National map and flag logo. Augusta National does not sell or give away the proprietary silverware, so the only way someone could get it is to steal it from the golf club, meaning the silverware listed in the sale is either stolen or counterfeit, the lawsuit says.
Green Jacket Auctions is also selling a belt buckle with the trademarked map and flag logo, an item that was never approved by, licensed by or developed on behalf of Augusta National, the lawsuit says.
Green Jacket Auctions' "marketing efforts are clearly intended to draw upon the valuable reference to the Augusta National Golf Club and the extensive secondary meaning associated with (Augusta National Inc.'s) Marks, and ability of consumers searching those trademark names to land on the offending website," the lawsuit says.
The lawsuit asks a judge to order Green Jacket Auctions not to use Augusta National trademarks and not to deceptively or unfairly compete with Augusta National. It also asks that the jackets and silverware be returned to Augusta National and the belt buckle destroyed. Augusta National also asks for damages and legal fees."
"Green Jacket Auctions is in "wrongful possession" of all three jackets and does not hold the legal title to any of them, the lawsuit says.
Additionally, the online sale includes silverware stamped with the trademarked Augusta National map and flag logo. Augusta National does not sell or give away the proprietary silverware, so the only way someone could get it is to steal it from the golf club, meaning the silverware listed in the sale is either stolen or counterfeit, the lawsuit says.
Green Jacket Auctions is also selling a belt buckle with the trademarked map and flag logo, an item that was never approved by, licensed by or developed on behalf of Augusta National, the lawsuit says.
Green Jacket Auctions' "marketing efforts are clearly intended to draw upon the valuable reference to the Augusta National Golf Club and the extensive secondary meaning associated with (Augusta National Inc.'s) Marks, and ability of consumers searching those trademark names to land on the offending website," the lawsuit says.
The lawsuit asks a judge to order Green Jacket Auctions not to use Augusta National trademarks and not to deceptively or unfairly compete with Augusta National. It also asks that the jackets and silverware be returned to Augusta National and the belt buckle destroyed. Augusta National also asks for damages and legal fees."
Toblerone shape not distinctive enough for trademark, Poundland claims; Guardian, August 17, 2017
Sarah Butler, Guardian; Toblerone shape not distinctive enough for trademark, Poundland claims
"Poundland has claimed Toblerone’s shape is no longer distinctive enough to be a valid trademark, in legal documents defending its right to launch a copycat bar.
Last month, the budget chain was forced to delay the launch of its Twin Peaks bar, which has two humps rather than the single peaks of Toblerone, after a legal warning from the brand’s owner, a Swiss division of Mondelēz...
Toblerone is one of Poundland’s most popular products, with 11m bars sold last year. But the retailer says it decided to bring out Twin Peaks “in response to the unfavourable reception” that greeted Toblerone’s new version with fewer chunks, launched last year."
"Poundland has claimed Toblerone’s shape is no longer distinctive enough to be a valid trademark, in legal documents defending its right to launch a copycat bar.
Last month, the budget chain was forced to delay the launch of its Twin Peaks bar, which has two humps rather than the single peaks of Toblerone, after a legal warning from the brand’s owner, a Swiss division of Mondelēz...
Toblerone is one of Poundland’s most popular products, with 11m bars sold last year. But the retailer says it decided to bring out Twin Peaks “in response to the unfavourable reception” that greeted Toblerone’s new version with fewer chunks, launched last year."
Isle of Man: Protecting Your Ideas: Intellectual Property Rights In The Isle of Man; Mondaq, August 17, 2017
Adam Kelly, Mondaq; Isle of Man: Protecting Your Ideas: Intellectual Property Rights In The Isle of Man
"Types of IP Protection
The type of protection you can get depends on what you've created.
1. Automatic Protection
Copyright and database rights: Writing and literary works, art, photography, films, TV, music, web content, sound recordings and computer programs
"Types of IP Protection
The type of protection you can get depends on what you've created.
1. Automatic Protection
Copyright and database rights: Writing and literary works, art, photography, films, TV, music, web content, sound recordings and computer programs
Design right: Shapes of manufactured objects.
These rights arise automatically and the duration of copyright depends on the subject matter.
2. Protection you have to apply for
Patents: Inventions and products, eg machines and machine parts, tools, medicines.
Registered designs: Appearance of a product including, shape, packaging, patterns, colours, decoration.
Trade marks: Product names, logos, jingles.
These types of IP can be expensive and may take time depending on complexity. However, their importance should not be overlooked."
Wednesday, August 16, 2017
App iTrump wins trademark fight against Trump Organization; BBC, August 16, 2017
BBC; App iTrump wins trademark fight against Trump Organization
"The creator of iTrump first clashed with the Trump Organization in January 2011, when the billionaire's lawyers alleged the trumpet simulator's name falsely suggested a link to the tycoon.
"The creator of iTrump first clashed with the Trump Organization in January 2011, when the billionaire's lawyers alleged the trumpet simulator's name falsely suggested a link to the tycoon.
After defeating this claim, the developer then went on the attack.
And this resulted in the company losing a key trademark of its own last week.
On 11 August, the US Trademark Trial and Appeal Board cancelled the New York-headquartered company's exclusive right to use "Trump" in relation to entertainment services, including reality TV shows.
The ruling followed earlier victories by San Francisco-based Tom Scharfeld, in which he prevented the Trump Organization from owning the exclusive right to use "Trump" in connection with computer games, golf-related mobile apps and music streaming."
"My Lawyer Wasn't Sure Who To Sue"; Pearls Before Swine, August 16, 2017
Stephan Pastis, Pearls Before Swine, Go Comics; "My Lawyer Wasn't Sure Who To Sue"
Tuesday, August 15, 2017
If an AI creates a work of art, who owns the rights to it?; Quartz, August 15, 2017
Robert Hart, Quartz; If an AI creates a work of art, who owns the rights to it?
"Without developing some form of framework recognizing AIs as legal persons, just as monkeys are not, we cannot award an AI copyright. “And we’re a long way from that moment, if we’ll ever get there,” Bridy says. The most likely near-term solution would be to award copyright to the owners of the AI itself, which would be similar to how employers automatically own the work their employees produce."
"Without developing some form of framework recognizing AIs as legal persons, just as monkeys are not, we cannot award an AI copyright. “And we’re a long way from that moment, if we’ll ever get there,” Bridy says. The most likely near-term solution would be to award copyright to the owners of the AI itself, which would be similar to how employers automatically own the work their employees produce."
Niwot-based Crocs may lose claim to iconic clog following patent ruling; Daily Camera, August 14, 2017
Shay Castle, Daily Camera; Niwot-based Crocs may lose claim to iconic clog following patent ruling
"The USPTO ruled Crocs patent D517789 invalid, Footwear News first reported. A similar design was published more than one year before Crocs' application, the agency found.
Crocs has been involved in litigation over alleged ripoffs for more than a decade. The company sued 11 other shoemakers in 2006. Most were dismissed. USA Dawgs, added to the suit in 2012, celebrated the most recent decision by federal authorities...
Patent 789 has been ruled invalid twice before. The current ruling is considered final, but Crocs can appeal to the Federal Circuit courts if attempts to overturn the ruling through the PTAB are unsuccessful."
"The USPTO ruled Crocs patent D517789 invalid, Footwear News first reported. A similar design was published more than one year before Crocs' application, the agency found.
Crocs has been involved in litigation over alleged ripoffs for more than a decade. The company sued 11 other shoemakers in 2006. Most were dismissed. USA Dawgs, added to the suit in 2012, celebrated the most recent decision by federal authorities...
Patent 789 has been ruled invalid twice before. The current ruling is considered final, but Crocs can appeal to the Federal Circuit courts if attempts to overturn the ruling through the PTAB are unsuccessful."
Costco made $3.7 million selling ‘Tiffany’ rings. Now it must pay $19 million to the real Tiffany.; Washington Post, August 15, 2017
Travis M. Andrews, Washington Post; Costco made $3.7 million selling ‘Tiffany’ rings. Now it must pay $19 million to the real Tiffany.
"Instead, Costco argued that “Tiffany” is a commonly used, generic term to describe a particular type of ring setting.
Tiffany was founded in 1837 and quickly became one of the world’s leading jewelers. One of its early achievements was inventing a new type of ring setting in 1886. In an attempt to show more of the gem, it set the stone in a metal claw extending from the ring’s band. Before this, diamonds were set in a full shallow cup of metal, obscuring most of the stone, according to Forbes.
The setting was extremely successful and immediately attracted imitators. By now, as Forbes wrote, “the term ‘Tiffany setting’ has reached Kleenex status — it’s now used colloquially throughout the jewelry industry to describe any multi-pronged solitaire setting, Tiffany or no.”
Swain wrote Costco “provided credible evidence” of the practice of using the terms “Tiffany setting” and “Tiffany style” generically throughout the jewelry industry.
The problem is Costco only used the word “Tiffany” when describing the rings in its signage, suggesting they were made by the jeweler rather than an imitation of its famous design."
"Instead, Costco argued that “Tiffany” is a commonly used, generic term to describe a particular type of ring setting.
Tiffany was founded in 1837 and quickly became one of the world’s leading jewelers. One of its early achievements was inventing a new type of ring setting in 1886. In an attempt to show more of the gem, it set the stone in a metal claw extending from the ring’s band. Before this, diamonds were set in a full shallow cup of metal, obscuring most of the stone, according to Forbes.
The setting was extremely successful and immediately attracted imitators. By now, as Forbes wrote, “the term ‘Tiffany setting’ has reached Kleenex status — it’s now used colloquially throughout the jewelry industry to describe any multi-pronged solitaire setting, Tiffany or no.”
Swain wrote Costco “provided credible evidence” of the practice of using the terms “Tiffany setting” and “Tiffany style” generically throughout the jewelry industry.
The problem is Costco only used the word “Tiffany” when describing the rings in its signage, suggesting they were made by the jeweler rather than an imitation of its famous design."
China’s Intellectual Property Theft Must Stop; New York Times, August 15, 2017
Dennis C. Blair and Keith Alexander, New York Times; China’s Intellectual Property Theft Must Stop
"Perhaps most concerning, China has targeted the American defense industrial base. Chinese spies have gone after private defense contractors and subcontractors, national laboratories, public research universities, think tanks and the American government itself. Chinese agents have gone after the United States’ most significant weapons, such as the F-35 Lightning, the Aegis Combat System and the Patriot missile system; illegally exported unmanned underwater vehicles and thermal-imaging cameras; and stolen documents related to the B-52 bomber, the Delta IV rocket, the F-15 fighter and even the Space Shuttle.
President Trump’s action on Monday acknowledges the broad scope of the challenge. Central to Chinese cybersecurity law is the “secure and controllable” standard, which, in the name of protecting software and data, forces companies operating in China to disclose critical intellectual property to the government and requires that they store data locally. Even before this Chinese legislation, some three-quarters of Chinese imported software was pirated. Now, despite the law, American companies may be even more vulnerable."
"Perhaps most concerning, China has targeted the American defense industrial base. Chinese spies have gone after private defense contractors and subcontractors, national laboratories, public research universities, think tanks and the American government itself. Chinese agents have gone after the United States’ most significant weapons, such as the F-35 Lightning, the Aegis Combat System and the Patriot missile system; illegally exported unmanned underwater vehicles and thermal-imaging cameras; and stolen documents related to the B-52 bomber, the Delta IV rocket, the F-15 fighter and even the Space Shuttle.
President Trump’s action on Monday acknowledges the broad scope of the challenge. Central to Chinese cybersecurity law is the “secure and controllable” standard, which, in the name of protecting software and data, forces companies operating in China to disclose critical intellectual property to the government and requires that they store data locally. Even before this Chinese legislation, some three-quarters of Chinese imported software was pirated. Now, despite the law, American companies may be even more vulnerable."
Trump administration goes after China over intellectual property, advanced technology; Washington Post, August 14, 2017
Ana Swanson, Washington Post; Trump administration goes after China over intellectual property, advanced technology
"President Trump signed an executive memorandum Monday afternoon that will likely trigger an President Trump signed an executive memorandum Monday afternoon that will likely trigger an investigation into China’s alleged theft of U.S. intellectual property, a measure that could eventually result in a wide range of penalties as the administration seeks a new way to deal with what it calls Chinese violations of the rules of international trade.
“The theft of intellectual property by foreign countries costs our nation millions of jobs and billions and billions of dollars each and every year,” Trump said, as he signed the memo surrounded by trade advisers and company executives. “For too long, this wealth has been drained from our country while Washington has done nothing... But Washington will turn a blind eye no longer.”
Officials said the memorandum would direct their top trade negotiator, U.S. Trade Representative Robert E. Lighthizer, to determine whether to launch an investigation. The inquiry would give the president broad authority to retaliate if it finds that China is compromising U.S. intellectual property. U.S. intellectual property, a measure that could eventually result in a wide range of penalties as the administration seeks a new way to deal with what it calls Chinese violations of the rules of international trade."
"President Trump signed an executive memorandum Monday afternoon that will likely trigger an President Trump signed an executive memorandum Monday afternoon that will likely trigger an investigation into China’s alleged theft of U.S. intellectual property, a measure that could eventually result in a wide range of penalties as the administration seeks a new way to deal with what it calls Chinese violations of the rules of international trade.
“The theft of intellectual property by foreign countries costs our nation millions of jobs and billions and billions of dollars each and every year,” Trump said, as he signed the memo surrounded by trade advisers and company executives. “For too long, this wealth has been drained from our country while Washington has done nothing... But Washington will turn a blind eye no longer.”
Officials said the memorandum would direct their top trade negotiator, U.S. Trade Representative Robert E. Lighthizer, to determine whether to launch an investigation. The inquiry would give the president broad authority to retaliate if it finds that China is compromising U.S. intellectual property. U.S. intellectual property, a measure that could eventually result in a wide range of penalties as the administration seeks a new way to deal with what it calls Chinese violations of the rules of international trade."
Monday, August 14, 2017
Do I need an overseas trademark?; Lexology, August 14, 2017
HopgoodGanim, Lexology; Do I need an overseas trademark?
"There is no such thing as an “international” registered trademark. Trademarks are registered on a jurisdiction by jurisdiction basis.
However, there are ways in which you can quickly and cost-effectively file in multiple jurisdictions at the same time, which we discuss further below.
If you are selling or promoting goods or services in another country (or indirectly, by distributors or agents), then it is advisable to apply to register a trademark in that overseas country. Otherwise, you risk losing your rights to your brand in that country or potentially infringing another’s registered trademark...
"There is no such thing as an “international” registered trademark. Trademarks are registered on a jurisdiction by jurisdiction basis.
However, there are ways in which you can quickly and cost-effectively file in multiple jurisdictions at the same time, which we discuss further below.
If you are selling or promoting goods or services in another country (or indirectly, by distributors or agents), then it is advisable to apply to register a trademark in that overseas country. Otherwise, you risk losing your rights to your brand in that country or potentially infringing another’s registered trademark...
How can I register my trademark overseas?
There are two ways a business owner can register a trademark overseas:
- apply directly for registration in the country that the business owner wishes their trademark to have effect; and
- apply pursuant to the Madrid Protocol."
Gucci sues Forever 21 for trademark infringement; CBS News, August 10, 2017
CBS News; Gucci sues Forever 21 for trademark infringement
"International fashion house Gucci has been sending its iconic stripes down the runway for more than half a century in blue-red-blue and green-red-green.
But they're not alone, reports CBS News' Dana Jacobson. Similar designs with similar stripes are being sold by Forever 21. Now Gucci is suing the fast-fashion retailer for trademark infringement.
"Gucci is really having a moment and driving a lot of sales with these stripes," said Susan Scafidi, director of the Fashion Law Institute at Fordham University.
"How can you actually trademark stripes?" Jacobson asked.
"When consumers recognize a certain striped pattern, whether it's Gucci's green, red, green, or Adidas' three-striped mark, then we give those companies recognition that those marks belong to those companies," Scafidi said."
"International fashion house Gucci has been sending its iconic stripes down the runway for more than half a century in blue-red-blue and green-red-green.
But they're not alone, reports CBS News' Dana Jacobson. Similar designs with similar stripes are being sold by Forever 21. Now Gucci is suing the fast-fashion retailer for trademark infringement.
"Gucci is really having a moment and driving a lot of sales with these stripes," said Susan Scafidi, director of the Fashion Law Institute at Fordham University.
"How can you actually trademark stripes?" Jacobson asked.
"When consumers recognize a certain striped pattern, whether it's Gucci's green, red, green, or Adidas' three-striped mark, then we give those companies recognition that those marks belong to those companies," Scafidi said."
Two Phillies had their nickname jerseys denied because of copyright issue; CSNPhilly.com, August 11, 2017
Josh Ellis, CSNPhilly.com; Two Phillies had their nickname jerseys denied because of copyright issue
[Kip Currier: Trademark law is the issue with the nicknames; not copyright law.]
"According to Matt Breen of Philly.com, two players, Zach Eflin and Hoby Milner had their nickname requests denied due to trouble with copyrights. Eflin was hoping to be known as “Led Zeflin” and Milner wanted to use the Force as “Hoby Wan Kenobi.”
[Kip Currier: Trademark law is the issue with the nicknames; not copyright law.]
"According to Matt Breen of Philly.com, two players, Zach Eflin and Hoby Milner had their nickname requests denied due to trouble with copyrights. Eflin was hoping to be known as “Led Zeflin” and Milner wanted to use the Force as “Hoby Wan Kenobi.”
Neither player was listed on the Phillies.com article displaying the nicknames the players on the team selected."
How Did ‘Copyright Piracy’ Language Get Into ESSA, the K-12 Law?; EdWeek Market Brief, August 11, 2017
Sean Cavanagh, EDWeek Market Brief; How Did ‘Copyright Piracy’ Language Get Into ESSA, the K-12 Law?
"The Every Student Succeeds Act is meant to accomplish many things. Hold schools accountable for more than test scores. Unleash new strategies to fix struggling schools. Offer new, more flexible funding to districts.
But language included in the sweeping, 400-page-plus law also lays out another, less expected goal: informing students and parents about “the harms of copyright piracy.”
Wording that urges school officials and parents to explain the importance of preventing the illicit use of copyrighted material is improbably found in a couple sections of the law, alongside more predictable school policy language on literacy, professional development, and student achievement.
Which raises the obvious question: How did it get in there?"
"The Every Student Succeeds Act is meant to accomplish many things. Hold schools accountable for more than test scores. Unleash new strategies to fix struggling schools. Offer new, more flexible funding to districts.
But language included in the sweeping, 400-page-plus law also lays out another, less expected goal: informing students and parents about “the harms of copyright piracy.”
Wording that urges school officials and parents to explain the importance of preventing the illicit use of copyrighted material is improbably found in a couple sections of the law, alongside more predictable school policy language on literacy, professional development, and student achievement.
Which raises the obvious question: How did it get in there?"
Sunday, August 13, 2017
Entrepreneurialism and IP at Steel City Con; Kip Currier, August 13, 2017
Kip Currier
Entrepreneurialism and IP at Steel City Con
Steel City Con (a Burgh-based pop culture convention in the vein of San Diego's famed Comic Con) has been running all weekend at the Monroeville Convention Center (13 miles from downtown Pittsburgh) and is finishing up today. I attended Saturday, August 12th (--the biggest "autograph" lines I saw were for Burt Reynolds! And it was cool to get up-close looks at three of the Brady Bunch kids, "Greg", "Bobby", and "Cindy"..."the youngest one in curls".--) and chatted with a number of very creative Western Pennsylvania entrepreneurs, showcasing and selling their self-made wares. In a variety of ways, they're using and working with (some would say infringing upon) Intellectual Property, and, in some cases, transforming Intellectual Property into new works.
Decals are a big seller at Conventions, like this X-Men decal:
Some examples of works that I observed being sold at the Con veer closer to (and step over?) the edge of infringement than others that can make stronger arguments for "transformativeness". Cristine Cordero's Heroes and Heels is a good example of the latter. Cristine told me that she uses actual comic book-clipped images to bring one-of-a-kind "custom created comic book shoes" to life...and her customers' feet.
Some have even been worn at superhero-themed weddings. ("I now pronounce you husband and..Deadpool?")
I asked each vendor with whom I spoke if they had had any requests to "cease and desist", or worse, from the companies that own the IP rights to, say, Star Wars, Harry Potter, the Suicide Squad, and the Avengers. Everyone shook their heads or said that they hadn't experienced anything like that. A few told me that any IP rights enforcement-type issues that they'd seen at conventions were relegated to films and videos, more associated with digital piracy. One seller told me he hadn't ever seen anyone roaming around the Cons enforcing IP rights. (As an IP instructor, I contrasted that with copyright enforcement examples I'm well aware of, involving licensing "sheriffs" on the lookout for copyright scofflaw musicians and cover bands. See here and here.)
I saw some really ingenious mashups of popular TV shows and characters. This T-Shirt combines the high mortality rate trope of the Red-Shirted security officers in the orginal Star Trek series (--if Star Trek were a chess game, the Red Shirts would be your pawns), with the series name of a popular zombie apocalypse TV show you may have heard of:
"Where do you come up with these ideas", I asked their maker?
"In the middle of the night they come to me. About 4 am", she chuckled.
Another seller with GoodsandEvil.com told me that Pittsburgh-born Greg Nicotero, the special effects guru extraordinaire on The Walking Dead, had just bought up a bunch of his clever zombie-themed shirts to take back to the crew. "Pretty cool to think that these shirts may be worn by people on the set", he understandably beamed. I told him I really liked the t-shirt below, a creative homage to the Western Pennsylvania-referenced places in 1968's (copyright-free!) Night of the Living Dead film and its cinematic zombie progeny, made by Pittsburgh's own George Romero, recently deceased. I snapped up one for myself, and one for my nephew, who's a big fan of The Walking Dead--before Greg Nicotero could circle back and clean them out (for We Are Negan? Rick's Gang? Shiva???).
Bringing it back to myself...I've always loved the scene in The Fellowship of the Ring where Ian McKellen-cum-Gandalf the Wizard stares down a fiery Balrog. With just his staff and a full-throated "You Shall "Not Pass". Now I can own Gandalf's "red line" on a yellow metal sign...and daydream about where I'd like to place it.
And for any of you Games of Thrones fans out there (or, if you're not a GOT devotee but are looking for a truly unique stocking stuffer for later this year)...how about custom-made Chain Mail for your canine BFF? Not that even Valyrian chain mail would do much good, should you be unlucky enough to find a Drogon-driving, "Dracarys"-dripping Daenerys Targaryen bearing down on you on some windswept plain.
Entrepreneurialism and IP at Steel City Con
Steel City Con (a Burgh-based pop culture convention in the vein of San Diego's famed Comic Con) has been running all weekend at the Monroeville Convention Center (13 miles from downtown Pittsburgh) and is finishing up today. I attended Saturday, August 12th (--the biggest "autograph" lines I saw were for Burt Reynolds! And it was cool to get up-close looks at three of the Brady Bunch kids, "Greg", "Bobby", and "Cindy"..."the youngest one in curls".--) and chatted with a number of very creative Western Pennsylvania entrepreneurs, showcasing and selling their self-made wares. In a variety of ways, they're using and working with (some would say infringing upon) Intellectual Property, and, in some cases, transforming Intellectual Property into new works.
Decals are a big seller at Conventions, like this X-Men decal:
Some have even been worn at superhero-themed weddings. ("I now pronounce you husband and..Deadpool?")
I asked each vendor with whom I spoke if they had had any requests to "cease and desist", or worse, from the companies that own the IP rights to, say, Star Wars, Harry Potter, the Suicide Squad, and the Avengers. Everyone shook their heads or said that they hadn't experienced anything like that. A few told me that any IP rights enforcement-type issues that they'd seen at conventions were relegated to films and videos, more associated with digital piracy. One seller told me he hadn't ever seen anyone roaming around the Cons enforcing IP rights. (As an IP instructor, I contrasted that with copyright enforcement examples I'm well aware of, involving licensing "sheriffs" on the lookout for copyright scofflaw musicians and cover bands. See here and here.)
I saw some really ingenious mashups of popular TV shows and characters. This T-Shirt combines the high mortality rate trope of the Red-Shirted security officers in the orginal Star Trek series (--if Star Trek were a chess game, the Red Shirts would be your pawns), with the series name of a popular zombie apocalypse TV show you may have heard of:
"In the middle of the night they come to me. About 4 am", she chuckled.
Another seller with GoodsandEvil.com told me that Pittsburgh-born Greg Nicotero, the special effects guru extraordinaire on The Walking Dead, had just bought up a bunch of his clever zombie-themed shirts to take back to the crew. "Pretty cool to think that these shirts may be worn by people on the set", he understandably beamed. I told him I really liked the t-shirt below, a creative homage to the Western Pennsylvania-referenced places in 1968's (copyright-free!) Night of the Living Dead film and its cinematic zombie progeny, made by Pittsburgh's own George Romero, recently deceased. I snapped up one for myself, and one for my nephew, who's a big fan of The Walking Dead--before Greg Nicotero could circle back and clean them out (for We Are Negan? Rick's Gang? Shiva???).
My brother (the above-mentioned nephew's father) has been a big fan of Jack Nicholson's iconic "Here's Johnny" scene in Stephen King's The Shining, featured on another local entrepreneur's horror-themed ceramics. Perfect for that next office cocktail party (wasabi peas, anyone?):
Bringing it back to myself...I've always loved the scene in The Fellowship of the Ring where Ian McKellen-cum-Gandalf the Wizard stares down a fiery Balrog. With just his staff and a full-throated "You Shall "Not Pass". Now I can own Gandalf's "red line" on a yellow metal sign...and daydream about where I'd like to place it.
And for any of you Games of Thrones fans out there (or, if you're not a GOT devotee but are looking for a truly unique stocking stuffer for later this year)...how about custom-made Chain Mail for your canine BFF? Not that even Valyrian chain mail would do much good, should you be unlucky enough to find a Drogon-driving, "Dracarys"-dripping Daenerys Targaryen bearing down on you on some windswept plain.
(House Lannister, House Stark, or House Targaryen?)
Cosplayers were, unsurprisingly, in abundance at Steel City Con too. Leias, Obi-Wans, Jokers, Harley Quinns...R2D2
And, yes, where you have cosplayers, you're gonna have that occasional dreaded cosplayer wardrobe malfunction. (Holy Suspenders, Batman...your utility belt's busted!)
Cue drumroll and Enter the enterprising folks from Any-Kind-A-Wear, who offered a Cosplay Repair Service:
A bit of duct tape...a well-placed safety pin and a dab-dab from a hot glue gun...maybe a spit and polish...and you're lookin' great and ready to save the world again.
...Or just hang out with your SuperFriends at your friendly neighborhood Con.
Trump Cautious on China Inquiry Over Intellectual Property Theft; New York Times, August 12, 2017
Glenn Thrush and Alan Rappeport, New York Times; Trump Cautious on China Inquiry Over Intellectual Property Theft
"Mr. Trump will return to Washington from his working vacation at his Bedminster, N.J., golf resort on Monday to sign an executive memo asking the United States Trade Representative to determine whether to investigate state-backed theft by China of intellectual property from American technology and defense companies.
The request for an investigation will focus on Beijing’s practices of coercing American companies doing business in China to partner with local firms, which require them to turn over proprietary technological secrets as part of what American officials described as a coordinated effort to steal intellectual property.
Mr. Trump’s trade advisers, speaking to reporters on a conference call early Saturday, did not say why the administration decided to add the intermediate step of requesting an investigation, rather than starting one immediately. This month, people familiar with Mr. Trump’s deliberations suggested that the administration was prepared to immediately begin an inquiry into Chinese theft under the 1974 Trade Act."
"Mr. Trump will return to Washington from his working vacation at his Bedminster, N.J., golf resort on Monday to sign an executive memo asking the United States Trade Representative to determine whether to investigate state-backed theft by China of intellectual property from American technology and defense companies.
The request for an investigation will focus on Beijing’s practices of coercing American companies doing business in China to partner with local firms, which require them to turn over proprietary technological secrets as part of what American officials described as a coordinated effort to steal intellectual property.
Mr. Trump’s trade advisers, speaking to reporters on a conference call early Saturday, did not say why the administration decided to add the intermediate step of requesting an investigation, rather than starting one immediately. This month, people familiar with Mr. Trump’s deliberations suggested that the administration was prepared to immediately begin an inquiry into Chinese theft under the 1974 Trade Act."
Saturday, August 12, 2017
Trump to China: Trade probe is coming Monday; CNN Money, August 12, 2017
Jeremy Diamond, CNN Money; Trump to China: Trade probe is coming Monday
"Trump told President Xi Jinping that he plans to direct U.S. Trade Representative Robert Lighthizer on Monday to begin the probe into alleged Chinese violations of U.S. intellectual property rights, the official said.
The move could lay the groundwork for Trump to impose tariffs against Chinese imports, which would mark a significant escalation in his efforts to reshape the trade relationship between the world's two largest economies."
"Trump told President Xi Jinping that he plans to direct U.S. Trade Representative Robert Lighthizer on Monday to begin the probe into alleged Chinese violations of U.S. intellectual property rights, the official said.
The move could lay the groundwork for Trump to impose tariffs against Chinese imports, which would mark a significant escalation in his efforts to reshape the trade relationship between the world's two largest economies."
Friday, August 11, 2017
Mercedes-Benz patents exterior airbags for pedestrians; AL.com, August 11, 2017
William Thornton, AL.com; Mercedes-Benz patents exterior airbags for pedestrians
"A new filing through the U.S. Patent and Trademark Office reveals that Mercedes-Benz has developed an exterior airbag for pedestrians...
The Drive speculates that this technology is similar to some employed by Volvo but left undeveloped. In addition, companies apply for patents to protect intellectual property that might never be used."
"A new filing through the U.S. Patent and Trademark Office reveals that Mercedes-Benz has developed an exterior airbag for pedestrians...
The Drive speculates that this technology is similar to some employed by Volvo but left undeveloped. In addition, companies apply for patents to protect intellectual property that might never be used."
Mayo prevails in patent case, but legal fight isn't over; Star Tribune, August 10, 2017
Joe Carlson, Star Tribune; Mayo prevails in patent case, but legal fight isn't over
"Mayo Clinic has successfully invalidated the patent on a method of diagnosing a rare autoimmune disorder, handing the Minnesota health system a legal victory against one of the largest private lab companies in the U.S."
"Mayo Clinic has successfully invalidated the patent on a method of diagnosing a rare autoimmune disorder, handing the Minnesota health system a legal victory against one of the largest private lab companies in the U.S."
The Copyright Office belongs in the Library of Congress; ALA District Dispatch, August 9, 2017
Alan Inouye, ALA District Dispatch; The Copyright Office belongs in the Library of Congress
"In “Lessons From History: The Copyright Office Belongs in the Library of Congress,” a new report from the American Library Association (ALA), Google Policy Fellow Alisa Holahan compellingly documents that Congress repeatedly has considered the best locus for the U.S. Copyright Office (CO) and consistently reaffirmed that the Library of Congress (Library) is its most effective and efficient home.
Prompted by persistent legislative and other proposals to remove the CO from the Library in both the current and most recent Congresses, Holahan’s analysis comprehensively reviews the history of the locus of copyright activities from 1870 to the present day. In addition to providing a longer historical perspective, the Report finds that Congress has examined this issue at roughly 20-year intervals, declining to separate the CO and Library each time."
"In “Lessons From History: The Copyright Office Belongs in the Library of Congress,” a new report from the American Library Association (ALA), Google Policy Fellow Alisa Holahan compellingly documents that Congress repeatedly has considered the best locus for the U.S. Copyright Office (CO) and consistently reaffirmed that the Library of Congress (Library) is its most effective and efficient home.
Prompted by persistent legislative and other proposals to remove the CO from the Library in both the current and most recent Congresses, Holahan’s analysis comprehensively reviews the history of the locus of copyright activities from 1870 to the present day. In addition to providing a longer historical perspective, the Report finds that Congress has examined this issue at roughly 20-year intervals, declining to separate the CO and Library each time."
Can You Change Two Words To A Song And Claim A New Copyright?; Above The Law, August 10, 2017
Krista L. Cox, Above The Law;
Can You Change Two Words To A Song And Claim A New Copyright?
"In order to be copyrightable as a derivative work, the new work must “add new original copyrightable authorship.” We will (shall?) see whether these small changes were big enough to warrant copyright protection. And if a court indeed finds that it is, well, I guess that means it’s time for me to start marketing “Ringing Bells.”"
Waiting to Protect Intellectual Property Could Doom Your Startup; Kellogg Insight, August 3, 2017
Mark McCareins and Pete Slawniak, Kellogg Insight; Waiting to Protect Intellectual Property Could Doom Your Startup
"Based on insights from Mark McCareins and Pete Slawniak
"Based on insights from Mark McCareins and Pete Slawniak
It pays to be certain your idea is original.
McCareins: A prior art search needs to be done to make sure that what you’re getting patented is really and uniquely your own. There may be a temptation not to do a comprehensive search because it's expensive, but you don’t want to find out later that someone had the same invention.
People say, “Well I got a patent so I’m good to go,” but that’s only half the battle. Even when the U.S. Patent and Trademark Office has granted a patent, that doesn’t mean a federal court might not come in later and invalidate that patent based on another party’s complaint.
Slawniak: When you file a patent, look around and do a search. See what other folks in the industry are doing. See what other patents are out there. Read the scholarly work around technology in your field and have some conversations with people in the industry. Your patent is a reflection of your R&D investment and your technological advantage, so it's important to know exactly where that product differentiation is. An exhaustive search will ensure you have a strong patent, and hopefully help your patent issue faster. When you have something you believe has value, it’s worth the investment of time to develop and protect it. "
Davehuman? Pirates had a hoot picking nicknames for alternate uniform; Pittsburgh Post-Gazette, August 9, 2017
STEPHEN J. NESBITT, Pittsburgh Post-Gazette; Davehuman? Pirates had a hoot picking nicknames for alternate uniform
[Kip Currier: Trademark law is the issue with the names, rather than copyright law.]
"Chad Kuhl wanted “Kuhl Whip” but that, as was the case with many players’ first choices, was scotched by the league, presumably for corporate and copyright reasons. Kuhl went instead with “Chet,” the nickname given to him by fellow starter Trevor Williams. Williams wanted to be “Ved,” a nod to the Pearl Jam lead man, but was turned down and settled for the initials “EV.”"
[Kip Currier: Trademark law is the issue with the names, rather than copyright law.]
"Chad Kuhl wanted “Kuhl Whip” but that, as was the case with many players’ first choices, was scotched by the league, presumably for corporate and copyright reasons. Kuhl went instead with “Chet,” the nickname given to him by fellow starter Trevor Williams. Williams wanted to be “Ved,” a nod to the Pearl Jam lead man, but was turned down and settled for the initials “EV.”"
Wednesday, August 9, 2017
Ireland Opens E-Health Open Data Portal; Huff Post, August 8, 2017
Adi Gaskell, Huff Post; Ireland Opens E-Health Open Data Portal
"I’ve written extensively about the growing importance of data in healthcare in the past year, and it’s pleasing to see that changes are slowly beginning to emerge in the sector.
The latest of these comes from Ireland, where an open data portal has been launched by eHealth Ireland. The portal aims to bring together some 300 different open data sources into one place, making it easier to find data from across the Irish Health Sector...
The data itself is open, free and reusable, and the project is a key part of the Public Service Reform agenda. It is wrapped up in the Open Health Data Policy, which aims to provide a framework for the accessibility and availability of open data in the Irish health system.
The project follows a number of clearly defined Open Health Data Principles that are designed to support the health service in the provision of better patient care and in the support of new innovations in the sector, all whilst ensuring that patient data is secured and governed appropriately."
"I’ve written extensively about the growing importance of data in healthcare in the past year, and it’s pleasing to see that changes are slowly beginning to emerge in the sector.
The latest of these comes from Ireland, where an open data portal has been launched by eHealth Ireland. The portal aims to bring together some 300 different open data sources into one place, making it easier to find data from across the Irish Health Sector...
The data itself is open, free and reusable, and the project is a key part of the Public Service Reform agenda. It is wrapped up in the Open Health Data Policy, which aims to provide a framework for the accessibility and availability of open data in the Irish health system.
The project follows a number of clearly defined Open Health Data Principles that are designed to support the health service in the provision of better patient care and in the support of new innovations in the sector, all whilst ensuring that patient data is secured and governed appropriately."
Open house held for Open Data Buffalo Portal; WGRZ, August 5, 2017
WGRZ; Open house held for Open Data Buffalo Portal
""Open Data Buffalo is an initiative to open up Buffalo's data to the public, to the community, to be able to share the many, many, many pieces of information that we have in the city, to inform people in a variety of different ways about what is happening in their city," explained Buffalo Mayor Byron Brown Saturday at the event. "It will give us the ability to educate residents, to enlighten residents, to provide information to researchers, to business people, and rank and file members of our community to engage in projects and do things that will make our city stronger.""
""Open Data Buffalo is an initiative to open up Buffalo's data to the public, to the community, to be able to share the many, many, many pieces of information that we have in the city, to inform people in a variety of different ways about what is happening in their city," explained Buffalo Mayor Byron Brown Saturday at the event. "It will give us the ability to educate residents, to enlighten residents, to provide information to researchers, to business people, and rank and file members of our community to engage in projects and do things that will make our city stronger.""
LeVar Burton sued in 'Reading Rainbow' copyright infringement lawsuit; Philly.com, August 9, 2017
Nick Vadala, Philly.com; LeVar Burton sued in 'Reading Rainbow' copyright infringement lawsuit
"WNED makes a number of allegations against Burton and RRKidz in the suit, including “copyright infringement, conversion, cybersquatting, violations of the Lanham Act, breach of contract, and interference with customer relations,” according to the Hollywood Reporter.
Take a look, it’s in a book — you can read the Reading Rainbow lawsuit here."
"WNED makes a number of allegations against Burton and RRKidz in the suit, including “copyright infringement, conversion, cybersquatting, violations of the Lanham Act, breach of contract, and interference with customer relations,” according to the Hollywood Reporter.
Take a look, it’s in a book — you can read the Reading Rainbow lawsuit here."
United States: The Defend Trade Secrets Act: A Q&A With Neil Mckittrick; Mondaq, August 7, 2017
James McGrew, Mondaq; United States: The Defend Trade Secrets Act: A Q&A With Neil Mckittrick
"JM: What are some policies or best practices that employers can put in place to protect their trade secrets?
"JM: What are some policies or best practices that employers can put in place to protect their trade secrets?
NM: An employer's primary goal should be to ensure that trade secrets remain "secret." For example, employees who have access to trade secrets should sign confidentiality agreements. Employers should also consider taking other reasonable steps to maintain the confidential nature of their trade secrets, such as limiting access to trade secrets to those employees who have a legitimate business reason to use that information, reminding departing employees of their confidentiality obligations, storing trade secrets only in password-protected locations and on password-protected devices, and implementing a strong password policy."
Soon, nobody will read academic journals illegally, because the studies worth reading will be free; Quartz, August 9, 2017
Akshat Rathi, Quartz; Soon, nobody will read academic journals illegally, because the studies worth reading will be free
"Now a new study has found that nearly half of all academic articles that users want to read are already freely available. These studies may or may not have been published in an open-access journal, but there is a legally free version available for a reader to download...
The finding is backed by two trends. First, academics are increasingly publishing in open-access journals. Looking at a random sample of studies published in 2015, about 45% were published in such journals. Second, studies published in open-access journals receive more citations than average. It’s not clear whether that’s to do with the quality of research or easy access, but it’s a positive sign for a more open-accessed internet."
"Now a new study has found that nearly half of all academic articles that users want to read are already freely available. These studies may or may not have been published in an open-access journal, but there is a legally free version available for a reader to download...
The finding is backed by two trends. First, academics are increasingly publishing in open-access journals. Looking at a random sample of studies published in 2015, about 45% were published in such journals. Second, studies published in open-access journals receive more citations than average. It’s not clear whether that’s to do with the quality of research or easy access, but it’s a positive sign for a more open-accessed internet."
Podcast patent ruled invalid by court; BBC, August 8, 2017
BBC; Podcast patent ruled invalid by court
"A company that charged others for uploading video and audio content on to their own websites has had its podcast patent invalidated by a US court.
"A company that charged others for uploading video and audio content on to their own websites has had its podcast patent invalidated by a US court.
The Electronic Frontiers Foundation (EFF) argued that Personal Audio LCC had "not invented anything new" when it acquired the patent in 2012.
Building up patent libraries to aggressively pursue others for payments while making few if any products of one's own is sometimes referred to as "patent trolling"."
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