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August 31, 2005

Blog Comments May Cause Problems For Bloggers

Blog comments are part of the beauty of blogs. They allow different points of view to be shared, providing full analysis of various issues. However, comments can be out of line, obscene, or even worse: they can be spam!

To combat the undesirable comments, many blog owners have adopted some sort of filter in their blog comments. But, this may not be enough. The Wall Street Journal explores the issue today in Blogger Faces Lawsuit Over Comments Posted by Readers.

More than one blogger has been sued. Not for the blog post, but for the resulting comments by readers of the blog. While operators of computer message boards and mailing lists are not responsible for the content of statements posted by others, the "law of the blog" may be different. When allegedly defamatory statements are posted by others, blogs may fall within the purview of Section 230 of the Communications Decency Act of 1996. While this looks promising for the bloggers, there is a real possibility that they will get caught by the intellectual property aspect of the comments.

In at least one lawsuit (in Nevada), the plaintiff has claimed that the comments contained proprietary trade secrets. In this case, the Communications Decency Act is of little utility. The act has "no effect on intellectual property law," so the publication of trade secrets provided by other people may be problematic. Since the law of trade secrets varies from state to state, I can't really comment on the lawsuit in Nevada without further research. But, it seems from the complaint in the lawsuit posted on the blog that "misappropriation of trade secrets" in Nevada requires "theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, and/or espionage." From the little I can surmise from the blog, I don't see any overt act. Of course, I have only spent about five minutes researching the issue.

Whatever the facts are, the outcome will certainly be interesting. And, even though trade secret law is different in Nevada and Oklahoma, the precedential value will likely spill into Oklahoma. Until then, I will be watching for the arguments and the outcome of this suit.

Update 8/31/05: Stephen Nipper of the Invent Blog let us know about this link to the EFF doc on 230.

Posted by Melody Wirz at 10:20 AM.
Permalink: Blog Comments May Cause Problems For Bloggers
| Comments (1)

Pre-Appeal Brief Conference

You've probably heard about the Pre-Appeal Brief Conference by now. If not, you can find out all about it through one of the PTO Notices now available at Rethink(IP) - RSS Mojo.

It seems like a good way to save some time and money during the appeal process. However, there must be some drawbacks. Does anyone have any experience with or opinions about this pilot program?

Posted by Melody Wirz at 08:36 AM.
Permalink: Pre-Appeal Brief Conference
| Comments (1)

August 29, 2005

USPTO News and Notices Available via Email - Rethink(IP)

Responding to an overwhelming number of requests for an email subscription option, Rethink(IP) launched an email subscription feed over the weekend.

Powered by FeedBlitz (a great new RSS to email solution : tip of the hat to Matt Homann) – you can sign up over at the Rethink(IP) site or simply add your email address below:

Enter your Email Address Below



The folks over at Rethink(IP) (including me) value your privacy, just like we all value our own.  Rethink(IP) will never sell the names of the folks that sign up - so have no fear.  They will not add to your spam burden.

 

Posted by Douglas Sorocco at 09:01 AM.
Permalink: USPTO News and Notices Available via Email - Rethink(IP)
| Comments (2)

August 28, 2005

phosita ::: quick links for 2005-08-28

Posted by Douglas Sorocco at 06:17 AM.
Permalink: phosita ::: quick links for 2005-08-28

August 25, 2005

a patent troll by any other name....

Glam Rock Band

Sometimes you get a sort of zen when reading through your RSS aggregator.  Something similar to randomly listening to your iPod and getting opera followed by glam metal from the 80s.  It just fits together so well that you smile and think “that’s good”.

 

 

This morning these two items were huddled together in one of my FeedDemon watchlists:

 

    • Patent Act of 2005 - *Draft* amendment circulated

      There has been no formal action on the Patent Act of 2005 (H.R. 2795) since its initial referral to the House Subcommittee on Courts, the Internet, and Intellectual Property. Representative Smith, the original sponsor of the bill, is currently circulating a draft amendment in the form of a substitute.  As of today, this amendment (substitute bill) has not been formally introduced.  The bill as introduced remains the working form of the bill.
       
    • Myhrvold Claims Patent Problem Is Myth

      Not only have fears of a patent crisis been greatly exaggerated, but the U.S. patent system is functioning quite well, Microsoft's former chief technologist said Tuesday. Nathan Myhrvold, now the chief executive of a start-up company that exists to create and license inventions, told a conference here that "before you get worked up about this gigantic problem, you ought to see what the facts are."

Photo of The Glam Rock Band

Posted by Douglas Sorocco at 08:03 AM.
Permalink: a patent troll by any other name....

August 24, 2005

President Bush is an Alumnus of Phillips Academy, But Which One?

Both Presidents with the last name Bush attended Phillips Academy. You may be surprised to learn that the school they attended was in Andover, not next to the St. Bernard public housing development in New Orleans.

Okay, so maybe you aren't surprised by this. However, the lawyers representing the Phillips Academy in Andover were very serious about policing their registered mark, "PHILLIPS ACADEMY" (Registration Number 2,862,212). In a phone call to the new Phillips Academy in New Orleans, the law firm for the old Phillips Academy threatened a lawsuit over the 227 year-old trademark. Rather than spending precious education money on a lawsuit, the New Orleans school agreed to change to KIPP Phillips College Prep. This was probably a wise choice. The endowment for Phillips of Andover is $556 million, which exceeds the budget of the entire Orleans Parish school system. Hopefully, the avoidance of a lawsuit will leave precious money for the education of the 125 eighth-graders enrolled at the New Orleans school this year (nearly half of whom are statistically expected to drop out).

This story isn't all about bullying, though. Phillips Academy in Andover agreed to donate $2,000 of its $556,000,000 to cover costs involved in changing the name on signs and uniform T-shirts. This is the first time I've heard of a trademark owner paying the costs for the alleged infringer to move off the mark.

For more on this, see Bush's old school gives N.O. school a test in the Times-Picayune. Additionally, the websites for the schools can be found here (Andover) and here (New Orleans).

Thanks to Andrew in New Orleans for sending us the link.

Posted by Melody Wirz at 12:50 PM.
Permalink: President Bush is an Alumnus of Phillips Academy, But Which One?
| Comments (4)

Trademarks - Logos and Beyond

After reading Time for a Sensory Trademark Audit? at I/P UPDATES, I got to thinking. Obviously, most people think of logos or words when they hear the term "trademark."

However, the public does not necessarily realize that other observable source identifiers can also be trademarked. An example often taught in law school is color. After all, who doesn't think of John Deere when they see a "John Deere Green" piece of farm equipment. But, we're still talking about trademarks that use only one sense, sight. Marketers are increasingly aware of the need for multiple sensory input for a lasting impression. I've heard that smell is the sense most closely associated with memory. So, why not trademark a smell? Actually, that's already been done, along with sounds. Some examples of sensory marks that are registered include the following:

  • 2752053 - a blinking LED-type light placed conspicuously on the front of the product packaging for nutritional supplements
  • 2927617 - the ding of an airplane intercom, followed by the wording YOU ARE NOW FREE TO MOVE ABOUT THE COUNTRY
  • 2607415 - the sound of a duck quacking the word "AFLAC"
  • 2692077 - the sound of a childlike human giggle which represents the Pillsbury Doughboy giggle
  • 2560618 - a scent mark having the scent of bubble gum for oil
  • 2442140 - a human voice yodeling "YAHOO"
  • 2821863 - the spoken words YOU'VE GOT MAIL
  • 2519203 - a deep, male, human-like voice saying "Ho-Ho-Ho" in even intervals with each "Ho" dropping in pitch"
  • 2323892 - pre-programmed rotating sequence of a plurality of high intensity columns of light projected into the sky to locate a source at the base thereof
  • 1395550 - MGM's lion roaring

However, noticeably absent from this list are any tactile marks. As far as I can tell, texture may be the next great frontier in trademark protection. I wonder who will be the first to register a trademark on a fuzzy soap box or a hairy shampoo bottle.

Posted by Melody Wirz at 12:04 PM.
Permalink: Trademarks - Logos and Beyond

August 23, 2005

RSS at the USPTO: Even a Blind Squirrel...

Down here in the South we have a fondness for “sayings” – “Fast as a duck on a june bug” and so forth.Blind Squirrel with an Acorn  One of my favorites, however, is “Even a blind squirrel will find a nut once in awhile.” 

Unfortunately, that saying just doesn’t hold true for the United States Patent and Trademark Office.  The Rethink(IP) team (me, Matt, and Steve) just didn’t think it was right that the USPTO only provided official news and notices via a clunky and antiquated website. 

We ranted…. we pleaded… finally, we just acted.

So – this morning we launched the first ever RSS feeds for all the USPTO official news and notices.  As per the Rethink(IP) site:

Today we launch the following four RSS feeds that mimic the categories used by the Office:
 
Official Gazette and Federal Register Announcements (feed:   http://feeds.feedburner.com/RethinkIP_USPTO_OG )
General news items  (feed:   http://feeds.feedburner.com/RethinkIP_USPTO_GEN )
Patent news items  (feed:  http://feeds.feedburner.com/RethinkIP_USPTO_PAT )
Trademark news items  (feed:  http://feeds.feedburner.com/RethinkIP_USPTO_TM )
 
A fifth feed includes ALL items for each of the four categories listed above  (feed:  http://feeds.feedburner.com/RethinkIP_USPTO_ALL )
 
Go ahead and subscribe.  Who knows, you might find yourself actually reading PTO news and notices on a regular basis!

We believe this Rethink(ip) project is a great example of a practical application of RSS technology and we hope it will expand the use of RSS throughout the IP community.  We also hope it will grab the attention of decision-makers at the PTO and encourage them to take a serious look at RSS.

SquirrelGo on over and have a look, subscribe to a feed… learn more… and more importantly, to the USPTO, please don’t continue to be a blind squirrel. 

 

 

 

 

Posted by Douglas Sorocco at 09:22 AM.
Permalink: RSS at the USPTO: Even a Blind Squirrel...

August 22, 2005

Bigger, Better, Newer - The 'Promote the Progress' Blog Returns

I am heartened to see that my Rethink(IP) comrade, Matt Buchanan, over at the Promote the Progress blog has returned. 

Matt had been contemplating the direction of his blog these past couple of months and I am glad to see that he has settled on what I consider to be his core strengths: worldwide intellectual property legislation and policy.

According to Matt, his priorities will be first and foremost no "reblogging" thereafter followed by his commitment to the global reach and scope of intellectual property law.

Welcome back Matt!

Posted by Douglas Sorocco at 01:50 PM.
Permalink: Bigger, Better, Newer - The 'Promote the Progress' Blog Returns

Copyright Battle Over Freedom Tower

It looks as though the copyright lawsuit surrounding David Childs' Freedom Tower will proceed. The design for the Freedom Tower was unveiled to the public in December 2003. However, a man by the name of Thomas Shine claims that there are substantial similarities between the Freedom Tower and a project he created in 1999. According to this press release, Mr. Shine created a skyscraper design for his graduate work at the Yale School of Architecture. Mr. Shine's work, entitled Olympic Tower, had a similar twisting structural grid with a pattern of interlocking and protruding diamonds. The press release also states that the creator of the Freedom Tower was a panelist judge that commented on the Olympic Tower in 1999.

For more information, see the Business Week article Architect's Lawsuit Over Freedom Tower Moves Forward, the New York Times article Suit Claiming Similarities In Tower Design Can Proceed, or Copyright Trial Over Freedom Tower Design (ag-IP-news).

To view renderings of the Freedom Tower, click here.

Posted by Melody Wirz at 11:00 AM.
Permalink: Copyright Battle Over Freedom Tower

August 19, 2005

Anyone use the Micropatent Aureka Product?

Do any of you patent and/or business folks use the Aureka services from Micropatent (a Thomson business)?

I haven't had the opportunity to demo it - but it appears to have some interesting tools for patent related projects/issues.

Feel free to email me or drop info into the comments below

Thanks,

Douglas

Posted by Douglas Sorocco at 05:28 PM.
Permalink: Anyone use the Micropatent Aureka Product?
| Comments (2)

Microsoft Patents Apple - Don't Believe the Hype

Angry ManI love mainstream media reporters and the bloggers who foam at the mouth whenever Microsoft and Apple are named in the same sentence as the word "patent."

This past week has proven once again, that everyone has an opinion on the value and relative merits of the patent system, but that no one really ever takes the time to understand what the issues are and the legal ramifications.

As they say, opinions are like... and everyone truly does have one.

Denise Howell, over at Between Lawyers, linked to the most recent "supposed" controvery between Apple and Microsoft regarding patents and asked that someone, anyone, make some sense of the whole mess. It was a challenge - so, since I am like everyone else - here is my take. 

I thought my previous Rethink(IP) rants (Rethink(IP) podcast #1) on this subject or Matt Buchanan's post last year would have settled these issues already - but alas, it just ain't so.

The main stream press informed its readers that Miscrosoft was attempting to patent (depending on whom you read):

1. The iPod itself.
2. The iPod's clickwheel interface
3. Steve Jobs' first born child
4. The sun, moon, earth and everything in between.

Believe it or not - it isn't any of the above. Imagine that - the main stream press and the foaming blogger mouths (FBMs) got it wrong.

The facts: Microsoft filed U.S. Patent Serial No. 10/158,674 on May 30, 2002 (the '674 Application). The application is directed to a method of auto generating a playlist using multiple seed songs. The application and claims have been allowed by the US Patent Office (see the history here) and currently the patent is about to issue with 46 claims.

Now for you non-patent geeks out there -- the claims control.

The best way to think of claims are that they define the scope of your protection -- just like the metes and bounds of a deed to land or property. The claims in a patent precisely set forth the boundaries of protection similar to real property -- instead of saying you own a piece of land 150x300' as the crow flies, patent claims say that you own something that has four wheels, runs on gas etc. You can keep someone out of your property and you can keep someone from making a four wheeled vehicle that runs on gas. If they have three wheels, however, they are outside the "boundaries" and you cannot prevent them from making it.

So the claims control.

Really they do - they control everything, if the claim doesn't cover it - you don't infringe and, generally, if the prior art doesn't fall within the scope of the claims, the claims are not invalid. Any discussion of a patent should always start and end with the claims.

Given this - why are there the FBMs out there?

Well, first - they don't understand that the claims control or, if they do, they conveniently choose to ignore it in order to whip up interest for their blog posts. Second, it is really easy to read the background and disclosure of the patent application and latch onto something that the inventor may have mentioned as being included.

For example, I have one inventor who always puts into his applications "I love my kids Timmy, Johnny and Kimmy" (names changed to protect the innocent). I highly doubt that this inventor intends to "claim" his kids [interesting tactic] - he just puts it in there because he can. Likewise, inventors and patent attorneys will often put in wild, broad and clearly unpatentable statements in an attempt to provide support in case there is a possibility that broad claims are allowable.  Once again, since the claims control - it doesn't matter what the background/specification states: if the claim doesn't cover it, it doesn't infringe.

So where are we - I have no comment on what the Microsoft patent covers or whether the iPod infringes or whether the Microsoft patent is invalid in light of the iPod. What I do know, however, is that folks need to do their research and understand the issues. If the claims don't cover it - it doesn't infringe. If the claims don't cover the prior art (i.e. what others have done before) - the prior art doesn't render the claims invalid.

If you like more information I suggest the following links:

 

Photo provided via Creative Commons license by Jan Tik.

Posted by Douglas Sorocco at 03:09 PM.
Permalink: Microsoft Patents Apple - Don't Believe the Hype

phosita ::: quick links for 2005-08-19

Posted by Melody Wirz at 01:37 PM.
Permalink: phosita ::: quick links for 2005-08-19

August 18, 2005

The Artist Formerly Known As P. Diddy

Word on the street is that fans should now refer to Sean Combs as "Diddy." Actually, I didn't hear this on the street, but rather on television, and again in the article Diddy is more personal. So, Sean Combs, previously known as "Puffy," "Puff Daddy," and "P. Diddy," now wants to be known simply by "Diddy." The most recent name change was to relieve the formality of the "P." Apparently, Mr. Combs feels that his alter-ego should be known only by last name, claiming "Diddy is more personal."

So, I got to thinking. Has "Diddy" registered all of these trademarks with the USPTO. I was surprised to find that he has applied for at least 27 different registrations, with 7 actually being registered. The first registered mark is "Daddy's House," first used in 1994 for charitable fund raising services and other charitable services for children. Maybe "J. Lo" was able to see this softer side of "Diddy."

Other registered marks include "Puff Daddy," "Puffy," and "Sean John." But my favorite is the dead application requesting registration of "Farnsworth Bently." The USPTO rejected the mark because it is almost identical to the alter-ego of "Diddy's" former assistant, Derek Watkins, a/k/a "Farnsworth Bentley." In the application, "Diddy" claims that he created the character, and controlled Mr. Watkins when he appeared as the character. However, the application was ultimately abandoned, along with the very similar "Fonzworth Bently."

Since all the cool kids seem to have an alter-ego, I think I will also have to give some serious thought to what my fans should call me.

Posted by Melody Wirz at 10:37 AM.
Permalink: The Artist Formerly Known As P. Diddy
| Comments (4)

August 17, 2005

Things You Never Knew Were Patented

About a month ago, we reported USPTO Museum Opens at New Headquarters. However, there was little more than a press release at that time. Now, the USPTO has a website, which gives some more detail. For example: "Visitors to the museum realize, as they view the exhibit, that they experience inventions and trademarks every day without stopping to think of their origins."

Some examples of inventions at the museum can be found in A museum whose time has come and include the toothbrush, the TiVo, the hair dryer, the skateboard, the Slinky, washing machines, the leather basketball, and the Apple computer. However, the "invention" that was most surprising to me was the supermarket. Believe it or not, the supermarket was patented in 1917. For more on the story behind US Patent 1,242,872, check out the article that discusses the exhibit in the USPTO museum: New museum details start of supermarket.

Posted by Melody Wirz at 04:35 PM.
Permalink: Things You Never Knew Were Patented

What's the Big Deal About Patent Reform, Anyway?

Unless you're a major IP dork (like me), you probably haven't been following all the different versions of currently pending patent legislation. There has been little coverage of the issues in the media, and most of your friends probably don't even realize that the patent system as we know it may be changing drastically. Well, maybe "drastically" is a little strong, but to a patent attorney these are major changes.

So, if you want to be informed, you can read the entire 63-page proposed legislation (HR 2795 IH), or you can get the 4-page Cliffs Notes version: Patent Reform and Why You Should Care.

It isn't too late to contact your representatives in the House or the Senate and let them know how you feel about the changes. Since few people are even aware of the issue of patent reform, your voice can be heard.

For the Okies, you can contact your representatives through the internet. If you aren't sure who your Congressman is, go here first.

Posted by Melody Wirz at 04:02 PM.
Permalink: What's the Big Deal About Patent Reform, Anyway?

August 16, 2005

Inventors Join Reality TV

A new reality series premieres in about a month on USA. Made in the USA claims to be "television's newest and most ingenious reality program where America's unknown inventors and entrepreneurs get their shot at fame and fortune... and a chance to win a lucrative one-year contract with the TV Shopping network HSN." To me, it looks like American Idol for inventors. From the clip on the website, I can't wait to see the first episode on September 14.

Interestingly, ABC has also anounced a similar reality program, "The Million Dollar Idea." The ABC program was  conceived by Simon Cowell (of American Idol), along with an entrepreneur named Peter Jones. However, there is a dispute surrounding the show.

Both programs seemed similar to a program I remember learning about some time ago. Unfortunately, the program was not available in Oklahoma City at the time. However, I learned today that the program is now nation-wide. The name? "Million Dollar Idea."

Apparently, the folks at the original Million Dollar Idea program are displeased by the Simon Cowell version. For more on this, check out this website, which is sponsored by the original program. For more about the dispute, see Martin Schwimmer's Million Dollar Idea Submission - Gold Mine For Ironists.

Of course, none of these ideas should be confused with Oprah's Next Potential Millionaire Idea, which I discussed in my post Do You Have a Million Dollar Idea?

Anyway, for some reality TV about inventing, set your TiVo to record "Made in the USA," and "Million Idea." Two searches will return four programs that will certainly entertain you.

Posted by Melody Wirz at 12:21 PM.
Permalink: Inventors Join Reality TV

phosita ::: quick links for 2005-08-16

Want to start up a business?  Take a gander over at the start-up resource center.

Posted by Douglas Sorocco at 06:17 AM.
Permalink: phosita ::: quick links for 2005-08-16

August 15, 2005

phosita ::: quick links for 2005-08-15

Posted by Melody Wirz at 10:36 AM.
Permalink: phosita ::: quick links for 2005-08-15

August 12, 2005

NCAA Mascot Controversy

As you may know, the NCAA has banned certain Native American nicknames in postseason play. The banned names are those that the NCAA deems "hostile or offensive." Unfortunately, the determination of which schools will be affected is subjective. This has created quite a bit of press. However, I haven't seen anything discussing the trademark aspect of the names.

The most prominent protester of the NCAA ban is Florida State, with the nickname of "the Seminoles." The University first obtained registration of the mark "SEMINOLE" in 1984, and has been using it since 1947, according to records in the USPTO. Under 15 U.S.C. § 1052, the USPTO will not register a mark that "[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute." However, many of these "hostile or offensive" nicknames are registered marks.

This leads to the question whether the registered marks should also be cancelled. This has been addressed with regard to the "Washington Redskins." However, the resolution of the matter was based on procedural and evidentiary determinations. In fact, in Pro-Football, Inc. v. Harjo, the D.C. District Court states

Ultimately, the evidence in the case does not answer the legal question of whether the trademarks, in the context of their use during the relevant time frames, may have disparaged Native Americans. The evidence chips away at the sides of this legal question but never helps answer it directly.

The promise by Florida State to fight will obvioulsy challenge the NCAA ruling. However, it doesn't seem likely that any party will try for cancellation of the registered marks in the near future. But, the challenge is waiting, and the outcome will certainly be interesting.

Go Pokes and Boomer Sooner (er, should I say "Go friendly range-living, cattle-driving, land-loving sort of people" and "Good luck to those who wait for the boom of the gunshot before staking their claim to land, as well as those who couldn't quite wait for the official start")

Posted by Melody Wirz at 10:13 AM.
Permalink: NCAA Mascot Controversy
| Comments (6)

August 11, 2005

FedEx Fuming Over Boxy Furniture

From the Wired News story, Furniture Causes FedEx Fits:

Most of us have been there. You can just barely afford to pay the rent. But forget about buying furniture -- not if you want to eat, anyway. . . . But instead of scouting street corners for a ratty, unwanted couch, [an innovative guy] got creative and built an apartment full of surprisingly sturdy furniture -- out of FedEx shipping boxes.

The creator of FedEx furniture has posted a blog, and an entire website devoted to his works. So, you think FedEx would be pleased. After all, this is proof that their boxes are VERY sturdy, right? Not really.

Apparently FedEx has sent a letter insisting that the furniture itself, along with the internet website and the pictures violate the copyright and trademark rights held by FedEx. The letter even claims that the actions fall within the purview of the DMCA. Luckily, the creator is represented by the Stanford Law School Center for Internet and Society who sent this letter in response.

While I am not familiar with the entire dispute, my guess is that FedEx doesn't want people using their "free" boxes for anything but FedEx shipping. However, I think claiming copyright and trademark infringement is an unproductive way of stopping poor folks from using boxes for furniture.

Posted by Melody Wirz at 08:59 AM.
Permalink: FedEx Fuming Over Boxy Furniture
| Comments (1)

August 10, 2005

How to do almost anything

While looking for information about invention marketing, I came upon a website telling How to Market Your Patent. I found it informative, so I tried some related links: How to Enforce a Patent and How to Conduct a Patent Search. While I found that the prices and the law were a little dated, my overall impression was that these are useful resources for the average inventor.

The utility of the website eHOW is not limited to patents. In fact, the subheading on the site accurately claims "Clear Instructions on How To Do (just about) Everything. You can pick a category that interests you, then determine if there is anything that you need to know. Have you been wondering how to deliver puppies (pets-dogs), how to brush your toddler's teeth (family/relationships-parenting), or even how to remember names (careers/education-job survival). Then check it out.

Posted by Melody Wirz at 02:03 PM.
Permalink: How to do almost anything

August 09, 2005

phosita ::: quick links for 2005-08-09

Posted by Melody Wirz at 09:46 AM.
Permalink: phosita ::: quick links for 2005-08-09

August 08, 2005

IP Oversight Costs "Dukes of Hazzard" $17.5 Million

Acccording to MTV.com, "The Dukes of Hazzard" made more than $30.5 million last weekend, placing it in the number one spot. However, the intellectual property debacle behind the scenes has been less publicized by the studio.

As you probably know, the movie was based on a popular television show from the 1970s. What you may not know is that the television show was based on a little known 1974 movie, Moonrunners. Warner Brothers attained the rights to make the movie into a television series in 1978. According to a lawsuit earlier this year, the movie rights remained with the producer of the original movie. In fact, a preliminary injunction ordered Warner Brothers to cease marketing and postpone the release until the issue was resolved. Since Warner had already spent $53 million making the movie and had started the $30 million advertising push, settlement was definitely an option.

In the end, the copyright holder obtained $17.5 million for the rights to a movie that nobody has seen. Of course, if I come upon Moonrunners in the future, you can bet I'll watch now.

The moral of the story? Be sure you actually hold the intellectual property rights before you spend huge sums of money to produce anything, whether it be a movie, a production facility, or any other large scale project.

For more, see How a lingering legal issue threatened 'Dukes of Hazzard' or Dukes Pays $17 Million for Lawsuit.

Posted by Melody Wirz at 10:01 AM.
Permalink: IP Oversight Costs "Dukes of Hazzard" $17.5 Million
| Comments (1)

August 04, 2005

The Business of Patents

Part of the mystery of intellectual property (IP) lies in its intangible nature. After all, when a person gets a patent, all they have to show off are a few papers. However, businesses are increasingly recognizing the value that these few papers can hold.

For example, Express Route (in IP Law & Business) states that American Express went from ten to fifty patents in just five years. In the same time, licensing revenue also entered the picture, adding millions to the company coffers. Quite impressive for some papers that would likely all fit within my briefcase.

Some of the most valuable patents may be pharmaceuticals. Sometimes, the patents are so valuable that the patent holder will actually pay competitors to stay out of the market after the patent expires. Are Reverse Payments Really a Game? gives a little more insight into this practice, while reviewing the article The Gaming of Pharmaceutical Patents. For more information on the games the drug industry pays to keep profits intact, see my 2003 article Are Patents Really Limited to 20 Years? - A Closer Look at Pharmaceuticals.

This growing awareness of the value of IP is not limited to American companies. I/P Updates reports Nikkei Business Names Top Japanese Patent Attorneys and Judges.

While large companies are responding to the value of IP, start-ups and small technology companies also need an effective IP strategy. IP Counsel Blog has posted the first installment of a two-part series on the issue. Practice Tips For Developing A Patent Portfolio Strategy (Part I: Identifying Business Goals And Evaluating Company Assets) sets forth five steps to help businesses match assets with goals and identify how the patent portfolio should look.

UPDATE 08-05-2005: The second installment of the two-part series has been posted. See Practice Tips For Developing A Patent Portfolio Strategy (Part II: Implementing The Plan).

Posted by Melody Wirz at 10:03 AM.
Permalink: The Business of Patents

phosita ::: quick links for 2005-08-04

Posted by Douglas Sorocco at 06:17 AM.
Permalink: phosita ::: quick links for 2005-08-04

August 02, 2005

phosita ::: quick links for 2005-08-02

UPDATE 8-3-2005: The Patent Prospector reports that Greenpeace isn't the only organization upset with Monsanto's application. See the entry, Squealing for more information.

Posted by Melody Wirz at 11:20 AM.
Permalink: phosita ::: quick links for 2005-08-02

Do You Have a Million Dollar Idea?

It is common knowledge that anything Oprah touches seems to turn to gold. Products featured on her show see a dramatic increase in demand. If you have a patented invention, you may be the next Oprah success story. If you have a product that you think Oprah and her audience would appreciate, let the Oprah Show know. The deadline for submissions is September 1, 2005. For more information and an entry form, click here.

Posted by Melody Wirz at 10:29 AM.
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August 01, 2005

How Are You Celebrating National Inventors' Month?

August is here already, so it's time to celebrate National Inventors' Month. It's time for a month-long celebration of invention. While most of the activities seem to be geared toward kids, you're never too old to invent.

From National Inventors' Month, by Erik J. Heels,

August is National Inventors' Month ®, a program created in 1995 by the United Inventors Association of the USA (UIA-USA) (http://www.uiausa.org/), the Academy of Applied Science (http://www.aas-world.org/), and Inventors' Digest (http://www.inventorsdigest.com/) in order to teach kids about inventing and to help those who have ideas for new products understand the process of new product development and find ethical, honest companies and people with whom to deal.

Here are some suggested ideas for celebrating:

  • Go to invent.org and poke around. You may find inspiration or resources to help you patent that great idea. You can also find out the answer to the question "Which inventor has kept a mouse living for over 73 years?"
  • Check out the United Inventors Association website.
  • Browse through the Youth Programs at the Academy of Applied Science. In particular, the Young Inventors' Program may inspire you to encourage innovation in your community.
  • See what Focus on the Family has to say about invention as a family activity.
  • Check out Crayola's Coloring & Activities, Craft Ideas, Cards, or Lesson Plans geared toward National Inventors' Month.
  • Spend some time at the Great Idea Finder, where you can look at invention facts and myths, inventor profiles, an innovation time line, or invention trivia questions.

If anyone knows of any other fun ideas to celebrate invention, please share by commenting.

Posted by Melody Wirz at 02:10 PM.
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