WORLD-WIDE IP

September 20, 2007

Patent Reform Act of 2007 - Part 4

You are no doubt on the edge of your seat waiting to see what other changes are in store if the Patent Reform Act of 2007 is enacted.  Well, wait no longer, this blog post brings to you not one, but two more proposed changes to the current Patent System:  (1) Prior User Rights and (2) Best Mode Requirement Violations. 

You might be asking yourself, “Self, what are prior user rights?”  Well, prior user rights (also called the first inventor defense) stem from 35 U.S.C. § 273.  Currently, 35 U.S.C. § 273 provides a limited defense for actions that would normally constitute infringement if the person “actually reduced the subject matter to practice at least 1 year before the effective filing date of such patent, and commercially used the subject matter before the effective filing date of such patent.”  The defense is narrowly tailored so that “[a] person may not assert the defense under this section unless the invention for which the defense is asserted is for a method.”  In other words, the defense is limited to business method patents. 

After the State Street Bank decision, the USPTO experienced a huge surge of business method applications as well as a huge lack of adequate prior art to judge the novelty and obviousness of these applications.  Consequently, litigation erupted and the prior user defense was enacted to remedy the effects of the enforcement of poor-quality business method patents.   

The Patent Reform Act proposed to widen the scope of the prior user defense by eliminating the business method patent limitation so that users of all types of inventions would have been able to use the defense.  But as amended and passed, the legislation does not include any such changes to the prior user defense.  Instead, the legislation requires the USPTO to prepare a report for Congress detailing their findings and recommendations on the operation of prior user rights in several selected countries. 

The Patent Reform Act, if enacted, would also affect violations of the best mode requirement.  What is the best mode requirement, you might ask.  Well, funny you ask, because I just so happen to have a brief explanation.  Currently, under 35 U.S.C. § 112 a specification must, among other elements, “set forth the best mode contemplated by the inventor of carrying out his invention.”  Under the current law, a defendant in an infringement action could assert invalidity as a defense if the patentee failed to set forth the best mode of carrying out his invention.  35 U.S.C. § 282(3). 

But according to the Judiciary Committee Report there were several problems involved in litigating violations of the best mode requirement since it is so subjective.  So the Patent Reform Act amended the defenses available to potential infringers by making failure to meet the best mode requirement unavailable as a defense to infringement.  Now, the Patent Reform Act, if enacted, replaces Section 282(3) and states that invalidity of a patent or failure to comply with any requirement of Section 112 “other than the requirement that the specification shall set forth the best mode contemplated by the inventor of carrying out his invention” is an available defense. 

Posted by Emily Campbell at 04:11 PM.
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WORLD-WIDE IP

March 09, 2007

Them's fightin' words

Check out this week’s WAR OF THE WORDS:

Businessweek reports that in Beijing, China, a pharmaceutical company was refused permission to use the name of a disgraced official as a trademark to sell rat poison.

Forbes reports that Jimi Hendrix’s sister, Janie Hendrix, is suing a Seattle company, which is backed by other relatives, for using the legendary guitarist’s image to sell vodka under the name Electric Hendrix.

The Hill reports that two well-known business trade associations, namely the U.S. Hispanic Chamber of Commerce and the U.S. Chamber of Commerce, are embroiled in a legal battle as to the right to use the words "United States" and "chamber of commerce."

JSOnline reports a “food fight” between Palermo's Pizza and Trader Joe's. The complaint claims that Trader Joe's Pizza Palermo frozen pizzas are trading unfairly on the Palermo's Pizza frozen pizza brand. The fun twist to this story is that Palermo is not only the last name of the family that owns the company that makes Palermo's Pizza, Palermo is also a city in Sicily, Italy, having a style of pepperoni pizza distinctive to the region.

Posted by Emily E. Campbell at 03:30 PM.
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WORLD-WIDE IP

October 30, 2006

Research Help: How many patent attorneys sit on corporate board of directors?

Help! 

I know the erudite readers of PHOSITA may have valuable information I need:

I am working on article regarding the makeup of corporate board of directors and I am trying to get a sense of how many patent attorneys are directors.

If you know of anyone or have a suspicion, please send it my way.

Thanks and hopefully this will be picked up around the IP corner of the blog-o-sphere... hint, hint, hint, hint, hint, hint...

Image via Flickr.

 

Posted by Douglas Sorocco at 10:50 AM.
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WORLD-WIDE IP

October 16, 2006

Starbucks v. Starpreya: The Branded-Beverage Battle

First off, does anyone know how to say “Grande Soy Latte with Sugar-Free Hazelnut” in Korean?

On Wednesday, South Korea’s patent court ruled against Starbucks in a trademark infringement suit against Elpreya. Elpreya, a Seoul-based company, was established in 1999 and operates about 40 coffee shops mostly out of roving trucks (similar to ice-cream trucks). Elpreya sells its products under the brand name Starpreya.

Kim Woo Ki, chairman of Elpreya, stated that the brand name Starpreya was derived from the name Freja, a Norse goddess. He stated that Starpreya has nothing to do with Starbucks and that the letters of the name Freja were changed to make it easier for Koreans to pronounce.

Starbucks claimed that consumers confused the Starpreya-branded products with its corporate and brand name. The Korean Intellectual Property Tribunal disagreed and held that the marks were too dissimilar to be confused.

Starbucks Korea opened its first store in South Korea in 1999 and currently operates 177 stores. This is not Starbucks first bout with Elpreya. Last year the Starbucks filed suit against Elpreya arguing that their logo, a woman’s face within a green circle, was too similar to the symbol of Starbucks. The court rejected Starbucks’ claim that the marks were too alike, noting the mermaid versus goddess distinction.

What are your thoughts? Does the mark Starpreya infringe the mark Starbucks?

Posted by Emily E. Campbell at 09:46 AM.
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WORLD-WIDE IP

June 12, 2006

patent reform lecture - j. matthew buchanan

A couple of weeks ago, the IP Section of the Oklahoma Bar Association conducted its annual CLE seminar at Tanglewood Resort on Lake Texoma.  My partner, Nick Rouse, was in charge of the weekend and did a phenomenal job.

The lecturers were top notch and although I am a bit biased, I would have to say that Matt Buchanan was one of the two best speakers over the course of the weekend.  Matt blogs about patent reform issues and patent legislation over at Promote the Progress.

Matt spoke on the recent patent reform efforts underway in the United States and the impact any such reform may have on practitioners and patentees. 

Considering the timeliness and importance of Matt’s talk, I recorded the lecture and DCR is presenting it here for your review and comment. 

The video stream can be viewed below (or you can grab it at Google Video as a stream, as a download or as a video iPod download).  The PowerPoint slides are available for download as a PDF file (2.2MB).

Posted by Douglas Sorocco at 01:42 PM.
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WORLD-WIDE IP

February 15, 2006

US patent applications to China up 30% in 2005

US inventors/applications appear to be cautiously extending the number of patent applications they are filing in China.

BEIJING, Feb. 15 (Xinhuanet) -- The amount of U.S. patent applications to China reached 20,395 in 2005, a year-on-year increase of 30 percent, Li Yuguang, deputy director of State Intellectual Property Offices (SIPO) said.

Li said the United States ranks second in the amount of patent applications by foreign businesses to China in 2005, only next to Japan.

"This shows the U.S. business circles confide in China's intellectual property rights (IPR) protection, especially in the establishment and implementation of the patent system," Li stressed at the China-US Business Forum.

In July 2005, top Chinese and US trade officials reached a consensus on IPR protection. The two sides agreed to set up cooperation mechanisms on cross-border prosecutions for IPR violations and on the protection of movie copyrights.

"China and the United States realized the influence of intellectual property rights to bilateral economic progress after China's entry to the World Trade Organization," he said, adding the two countries need to know the disparity of the intellectual property system and the difference of historical development as well as cultural difference of the two sides.

The first U.S. patent system was established as early as 1641 but China's intellectual property system only has a history of over 20 years with China's Patent Law set in 1984, he said, addingChina will learn more from the U.S. in this regard.

In 2005, total patent applications for inventions stood at 173,327 in China and 406,302 in the United States, official statistics show. Meanwhile, authorized patents are 53,305 in China and 165,485 in the United States.

"Among all the authorized patents in China last year, the domestic patents exceeded the foreign ones with 20,705 for domestic patents and 32,600 for the foreign ones," Li said.

China prosecuted 2,991 intellectual property rights related crimes in 2005, which involved 2.06 billion yuan (251 million US dollars), according to the Ministry of Public Security on Nov. 15.

Li also said the SIPO director will visit the United States and discuss bilateral cooperation in IPR protection at the invitation its US counterpart on Feb. 22, 2006. Enditem

Xinhua - English.

Posted by Douglas Sorocco at 07:39 PM.
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WORLD-WIDE IP

February 14, 2006

India stumbles into IP insurance

Looks like things are beginning to heat up in the intellectual property insurance marketplace in India.

India Inc does not seem to be very familiar with patent insurance, which provides protection against infringement of patents and associated costs.

That is because none of the insurance companies in India sell such a product. In fact, according to C S Rao, chairman of Insurance Regulatory and Development Authority of India (Irda), no insurance company in the country has even applied for such a product till today.

Patent insurance can be of two types – patent infringement defence insurance and patent enforcement insurance. M Qaiser, chief IPR strategist and chief executive officer of iPrex Intellectual Property Solutions, says: "While the former helps the insured fight an infringement lawsuit filed by a competing company, the latter helps the insured fight against a patent infringing company."

Economy & Policy.

Posted by Douglas Sorocco at 08:26 PM.
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WORLD-WIDE IP

January 30, 2006

Carnival of the Capitalists #121

Welcome to the 121st edition of Carnival of the Capitalists!

We here are known as PHOSITA (pho – see – tah) : an arcane bit of patentese that refers to the mythical person of ordinary skill in the art.  If an invention is obvious to PHOSITA, you are SOL and will not be able to obtain your desired patent on a new method of organizing lint utilizing a wiki and some sort of Web 2.0 tomfoolery.

Mainly, we are an intellectual property law firm located in Oklahoma City, Oklahoma (yes, you read that correctly) with offices in Washington DC and Northern Ohio.  I would also direct your attention to our sister-site, Matt Buchanan’s Promote the Progress, which tracks intellectual property legislation and international patent systems.  Finally, if you are really interested in intellectual property, you might want to wander on over to Rethink(IP) (which hosted the Carnival way back in September, 2005) where I group blog on intellectual property issues with Matt and Steve Nipper of The Invent Blog. 

In combination with last weeks Patent Baristas, there is a whole lotta intellectual property goodness out there awaiting you.

When I think of a carnival, I mainly think of chaos – and that is exactly the mindframe of your humble host this week. As artfully stated by Patent Baristas last week:

We tried to include most posts but not everyone made the cut-off. No offense is meant here to anyone and we'll be happy to refund your full price of admission.

As you might gleam from our most relevant post of the past week, we are anxiously awaiting the arrival of a new member of our family – an arrival that has been “on the edge” since early November.  So while I had all the kinds of witty and insightful intentions for this edition of the COTC, it just ain’t happening. 

SWMBO has me on a constant state of alert, so wade on in to the craziness below and find something you can sink your teeth into…

Most Relevant Post of the Week

From the Webgoonies website comes the The Ancient Art Of Diaper Origami :: “Changing your baby was never meant to be something you can look forward to. It's one of those things that just goes along with being a parent. I believe that whatever you can do to make changing time a little bit easier or more enjoyable, take full advantage of it. So with this thought, I have begun, diaper origami.” 

While our new little dude isn’t quite here yet, the supersize boxes of Pampers are… I don’t suppose he will mind me working on my game a bit.  Thanks to DaddyTypes blog for the pointer… he shoots, he scores!

Favorite Posts of the Week

In a post entitled, Superheated 'Steem hits the Workplace Photon Courier tackles the new generation of folks entering the workforce.  They have everything going for them – including, incredible self-esteem.

Kids who have been exposed to a decade or more of "self-esteem" training as practiced in the K-12 schools are now hitting the workplace. What will the impact be, and what should manager do?

VC Cliche of the Week : I have bought probably ten cars in my life and have never actually kicked the tires.  But the visual of a guy walking around the car, checking it out, kicking the tires, is one that has contributed a classic cliche to the VC vernacular. Due diligence is a critical part of the venture process. No matter how well you know the market and the entrepreneur, there is nothing better than the due diligence process to help you make the go/no-go investment decision.

Favorite Inspirational Post of the Week

Selling the Surfing Lifestyle : I speak to a champion kite-surfer living in Negombo, Sri Lanka whose surf shop (and tourist customer base) was wiped away by the tsunami. Although I am in the supposedly third-world I surmise he is not only streetwise, but wise period. A passionate salesperson Chris Fernando teaches me his own philosophy to "long life."

Favorite Business Posts

What Do You Do When Someone Just Won’t Buy? : No matter how great your offer, you’re going to encounter a good number of prospects that either won’t or can’t buy.  Four out of ten hits at bat get you into the Hall of Fame, what do you do the other 6 times?

8 Ideas To Handle Requests Of Your Business When You Can't Possibly Be There : There is little that frustrates a customer or prospect more than not being able to reach a business when they need to. It doesn’t matter if they’re calling to get an update on a shipment, lodge a complaint, give a compliment, request support, or request information in support of an eventual purchase – if they can’t reach someone in your company, easily, then you might as well not be in business.

Favorite Use of the Word “Moat”…

American Eagle Outfitters Moat Check : This article tries to determine whether American Eagle’s business can generate value by sustaining a long-term competitive advantage.

… and what good is a moat without a speedboat?

The Customer Speedboat Challenge : It's common knowledge that understanding customers' articulated and unarticulated needs is a critical piece of the innovation process.  Gaining that wisdom, however, is much easier said than done.  It's easy to be overwhelmed as we hear and read volumes about ethnography, lead users, customer archetypes and other processes for gaining customer insight.

Favorite Posts that are “Over my head”

Privacy as a Property Right : The Constitutional right to privacy is clearly indicated by Amendments 9 and 10.  Despite this clarity, some prominent people continue to believe that Americans have no fundamental right to privacy.  By addressing information as a form of property, it can be shown that the right to privacy is not only a right unto itself, but also a private-property right, subject to all of the protections of other forms of private property.

It's a (Globalized) Jungle Out There : At times during the last several years I have felt that the business world is being pounded by what seems like a succession of asteroids, in the form of competitive threats and new challenges. These asteroids, much like those that pummeled the earth in the distant past, leave behind a drastically changed landscape, making what seemed like a jungle before even more forbidding.  Those companies that do not adapt to the major changes taking place will be left behind, their place taken by new companies born from the new competitive landscape.  One such "asteroid" or disruptive force is globalization.

Favorite Post from Someone Everyone in my Profession Should Listen To

26% of Your Profitability Is In Your Hands : Bruce MacEwen asks and answers the following questions "Is your  firm as profitable as it could be?   How does it measure up vis-a-vis its peer group?  And what defines that "peer group," precisely?  Do you ever wonder what you could do to improve its margins?  Structurally or strategically, precisely what would that entail?

Favorite Post about something I really don’t care anything about

Power, Truth, and Responsibility : What we learned from the Oprah show.

Posts that describe why I like to speak in public

Help for Public Speakers : Well, I knew it had to happen sooner or later. A news release from Reuters this week said that "Sex Helps Calm Nerves Before Public Speaking".

Dealing with presentation anxiety : Most people get nervous at the thought of having to present in front of a crowd. Is there something in our DNA that makes us fear crowds? Perhaps there was (is?) an evolutionary advantage to staying low and not being noticed by predators, including the human variety. No matter the reason, it's a fact that standing in front of a group of people is freighting to many and provokes varying degrees of anxiety among the rest, including seasoned presenters and entertainers. So what can you do to calm your nerves?

The Carnival

Sometimes it is Just Time to Pull the Trigger : There are many really good business opportunities that never make it past paper. Would-be entrepreneurs agonize over every detail of their plan to the point that it never gets off the ground, or they miss their window of opportunity.

Who Knew? Not All Women Want Valentine Candy or Flowers : Assumptions.  Something to avoid if you are marketing to women...and, if you are deciding on a Valentine's Day gift for your gal, apparently.

Things I learned buying my car : Some credit unions consider new cars to be anything from the last 3 years.

Transparent Generation realizes downside to growing up online : The Internet generation is waking up to the realization that they've created a transparent, permanent record by which potential employers are making decisions about their future.

More Changes to Ford Credit and Other E-Bill Gripes : Ford Credit continues changing their billing and e-billing rules without telling anyone.  Not very nice.

Nagin Works Both Sides of Aisle for Aid : Ray Nagin is not nearly as complicated a person that we make him out to be, especially when he needs to curry political favor on both sides of the aisle to obtain federal and state money to rebuild New Orleans.

The revolution begins on Ken Lay's web site : Ken Lay's “informational” web site pushes the notion that nothing illegal happened at Enron – and that he is just another victim of the government’s brutal, arbitrary abuse of the white-collar worker.

Prescription Drug Marketing Act and Sampling : Pharmaceutical companies rely heavily on sampling to get the "word" out about their drug. Giants like Pfizer, Merck and others spend a large portion of their marketing budget on getting samples of their drugs to doctors. What does this all mean? Well, for starters, pharmaceutical companies have to follow federal regulations (enforced by the FDA) in order to sample their product. However, because states began passing laws and regulations pertaining to sample distribution, companies also have to be cognizant and abide by state laws and regulations.

Should Home Buyers hold off buying for 2006? : “First of all my answer to her question is; it depends!  How is that for a direct answer!”

Drinking the blood of the people : I remind readers that a targeted tax deduction is nothing but a government subsidy in disguise.

Section 105 for Dummies : Guest Blogger Bob Vineyard's tutorial on a controversial, sometimes useful but potentially dangerous, tool that small businesses can use to lower health insurance costs.

Might online-game virtual currencies become a viable alternative currency? : A dream of the libertarian, anarchist and tax resister fringe is a replacement for government money. But most proposed alternative currencies haven't really taken off. Increasingly, though, virtual assets purchased or won in the course of massively multiplayer on-line games are being traded for real-world currency (and more recently, game-world currency is being used to buy real-world products).  Are virtual, game-world economies going to succeed where Time Dollars, labor notes, and PayPal have not?

Libertarian “socially responsible” business practices : Some libertarian-minded folks scoff at “socially responsible” business practices — “the social responsibility of business is to increase its profits,” Milton Friedman wrote — but what will they think about a business that takes a libertarian view of social responsibility that goes beyond the profit motive?

Why I Use a CPA to Do My Taxes : Why it makes sense for me to have my taxes done by a CPA.

Speaking of relevance, Mr. President... : The nation’s CEO has a far worse track record than the auto companies he scolded for not controlling costs and being irrelevant to the public.

McDonald’s on Drive-Thrus, Avian Flu and Negative Comps in China : McDonald's has a large and growing presence in China. Management had some really interesting things to say during its earnings call with analysts this week.

China Surging Ahead, Or Is It ? – Like it or not, China is coming on strong and poised to become an ever bigger part of the world in the future.

Well This Can't Be Good News :General Motors put out its earnings report today, and the news is not good at all.

Sport or Folly? : Forgive me here if I take a position against taxes, but as you may know, it's a bit of a favorite American pastime.  It's OK for everyone else to pay taxes, just don't raise mine, and just don't ask me to pay any more than my fair share.  By the way, if I can figure out a way to avoid paying some of those taxes, don't begrudge my deduction.

Does 81 Return Kobe to Hero Status? : Can becoming a scoring overcome the stain a high profile rape charge and admitted adultery?  It would appear that Kobe Bryant is beginning to restore his marketing status through his on court performance but will his selfishness hold him back?

Way to go, Yahoo! CFO : Did Yahoo! "concede" in the search wars, or did they simply fail to articulate what war they're fighting?

Making Cynics at the Monster Truck Rally : Using fakery to gin up excitement at something as trivial as a Monster Truck Rally encourages cynicism in more important competitions. Employing lies for entertainment value hurts the entire culture, and a society that relies on trust.

A sad day in the neighborhood : A look at Section 230 exemption from liability, where a user posted a suicide note in an unmoderated forum.

What's wrong with being a "big" company? : The Seattle Post Intelligencer ran a story (via Bloomberg News) on Microsoft's newest ad campaign: "Microsoft Corp., the world's biggest software maker, will spend $120 million a year on an advertising campaign to fight its image as 'a huge American company.'"  I can't believe that a company would be willing to spend $120 million for this purpose. To begin with, what's wrong with being a "huge American company?"

Gender Pay Gap, Yet Again. : "Part of an ongoing discussion of whether there actually is a gender pay gap and if so, what's causing it."

ChoicePoint Fined $15M for Identity Thefts : ChoicePoint was fined $15M for selling data on 163,000 people to fraudulent companies, or $92 each. So how much should other companies who have lost data pony up?

Google Kowtows : Google would have us believe that compromising their own mission and willingly participating in  the widescale suppression of access to information is the lesser of two evils. To my mind, the only way such a "lesser of two evils" strategy can be justified is when some greater good can be foreseen to result.  I've tried for a few days now and I can't figure out what that greater good is. Can you?

Housing Starts -What’s the big fuss over construction?

Keeping things in the families : We don't just hire people, we hire families. People from the same family often share the same values and work ethic. Chances are, a great employee comes from a family of great employees.

Smart Man Online: Scott Ginsberg - That NameTag Guy : This interview is one of a kind. Scott Ginsberg is talented, innovative, and "good people." Glad I met him at Word-of-Mouth in Florida...and glad to bring his unique approach to marketing, to this corner of the blogosphere.

Payment, Interest Rate and Up Front Costs : Choosing a loan intelligently

Priced out of Brooklyn : But in a surprising twist, a recent front page column in the NYT raises an interesting and unexpected parallel:  It turns out the wealth dichotomy in the U.S. between the Haves and the Have Nots (or more accurately, the Have Less) is surprisingly similar to those of Manhattanites versus the outer boroughs

Title tags: SEO by any other name : One of the fastest and often forgotten techniques, to move a blog or web page higher in the search rankings, is to change the page’s title tags. Title tags are the words that appear at the very top of your web browser, and they tell the search engine what the page is all about.

Chipotle...The Starbucks of Burritos : Chipotle recently went public (ticker: CMG), and prior to the offering, I put together some of my thoughts based on the roadshow presentation, my experience as a customer, and reading the S-1.

Online Marketing Bafflegab for 2006 : A presentation specialist provides a handy translation for an online marketer's mysterious vocabulary.

Why More Corporations than LLCs? : An academic is puzzled at how much more popular S corporations are than limited liability companies.  A practitioner suggests some reasons.

Families, Corporations, and the Blackberry : “On one level I agree with her. The super-turbo-charged-24/7/365-at-the-office career is the enemy of the family. On the other hand, I always get suspicious of big generalizations about "corporate life." I find that one moves rapidly from the reality of corporate life (which is actually remarkably diverse) to the imaginary world of unremittingly eeeveel corporations created by humanities majors and others who think that they know what corporations are "really" like because they saw Oliver Stone's Wall Street.”

The Me2 Revolution : The traditional approach to corporate communications envisages a controlled process of scripted messages delivered by the chief executive, first to investors, then to other opinion-formers, and only later to the mass audiences of employees and consumers. In the past five years, this pyramid-of influence model has been gradually supplanted by a peer-to-peer, horizontal discussion among multiple stakeholders. The employee is the new credible source for information about a company, giving insight from the front lines. The consumer has become a co-creator, demanding transparency on decisions from sourcing to new-product positioning.

Soaring commodity prices : Econbrowser investigates the possible role of U.S. monetary policy in soaring commodity prices.

Common Stocks and Uncommon Profits - a dangerous book : A review of the book Common Stocks and Uncommon Profits.

Why Pioneer Delisted Its ADRs from NYSE (PIO) : Very quietly one of Japan's most famous manufacturers of consumer electronics has delisted itself from the NYSE. Pioneer also delisted from Euronext Amsterdam and Osaka. Costs were a major issue but that's certainly not all and other foreign firms could follow suit.

Wal*Mart: Maryland is Bad for Business : Maryland has dictated that 8% of Wal*Mart's revenue be directed by the Maryland legislature. Continuing a taxing tradition. In the mid 90's Your Business Blogger was President of a (very) modest software company in Maryland. Looking hard for good people and profits. Back then I asked Rudy Lamone, a Professor of Management Science about Maryland's confiscatory taxes and thin talent pool. Would he say there was a causation? Or mere correlation?...

Rate Chaser Calculator - Just Plug It In! : This simple calculator is designed for people who are thinking of transferring their bank deposits to another higher-yielding bank (from Emigrant Direct to ING Direct for example), but are unsure if it is really worth the effort due to the potential interest lost during transfers.

Reinventing yourself - part 2 of a series : Reinvention is not necessarily an "Extreme Makeover" drama as seen on TV, but the results can be spectacular. While dramatic results may result from reinventing yourself, many successful long-term changes come from actions that others cannot easily see, except that you eventually appear to be happier and more successful.

A Meeting of the Minds : If our process-minded CEO had his way, we would create a whole new bureaucracy, with stewardship, management and working committees meeting regularly, if just to know if the committees are working.

Where To First Invest Extra Money : There are certain places where you should place the money your saved first before any other. The number one place? A 401K plan that matches contributions.

Coyote and the Blame Game : In another of Coyote's Workplace Fables, Coyote helps someone discover the person who's truly to blame for all the problems they're meeting in life.

First feedback from our survey : Initial feedback from the Slow Leadership survey gives dramatic evidence of the problems faced by managers and professionals as they try to deal with constant organizational demands and impossible targets.

Investments - Step 1 : Discoving what kind of investor you are.

GDP Lays an Egg : The Fed's interest rate increases are beginning to take effect.  With both real estate price growth and GDP slowing, further interest rate hikes are not necessary.

Advertising isn't dead, but it is dying : I interpret current changes in the world of advertising as death throes for the industry, and argue that the coming death of advertising is a good thing for consumers.

Flight of the Dentists : The socialized dental care scheme of the NHS apparently can't compete with the capitalist rewards of private practice. Consequently, not only are established dentists leaving the NHS, but one-third of those graduating from universities are leaving the country.

How Marketing Research Can Benefit A Small Business : In this special guest post by Joy Levin, you get practical advice on how to research your market, including valuable links to free or top notch research resources.

Noah's McDonalds Theory : Getting people to think about what is important in their lives.

How Available Are You? : Last week, one of the email groups I belong to started discussing the use of a cell phone vs. a landline or other telephone system for their office.  Grant Griffiths of Home Office Lawyer posted about the conversation and his views on using a cell phone vs. land line, and a number of others (including me) joined the conversation and commented.

Panoptopia and the Pushbutton Panopticon : With too many people defending the new levels of surveillance, I thought I would introduce a new word: Panoptopia — a world made wonderful by having so much surveillance that we can catch all the bad guys.

Disrupting Venture Capital? : People (like Doc (and againRick, Dave, Shel and others) are talking about “disrupting” the venture capital business.

Put your Blog on a T-Shirt - SnapShirts : Here’s a fun service for bloggers who can’t bear to be without their blogs might like to use. SnapShirts is a T-Shirt company that can make a T-Shirt with a word cloud from your blog on it!

Why Most Published Research Findings Are False : Ioannidis describes a statistical test for the likelihood of research being false, first without researcher bias and then a second test that includes bias.  The result: it doesn't look good.

BadgeRank (at Davos) : Ever wonder they figure out the pecking order at Davos?

The employee suggestion box should not be a paper shredder : In a post about Ford Motor Company's newfound willingness to tap into the ideas of its workforce (now that the automotive ship appears to be sinking...), Idea Sandbox explains why the best ideas come from employees and how companies can create a nurturing environment for innovation before it's too late.

Don't be stupid : John Battelle wonders why "Yahoo and Microsoft can go into China no problem, but once Google does, then the US Congress gets into the act."

Howard Stern Marketing Vs. Movie Marketing Or, The Mistake Quentin Tarantino Is Making : I've long been of the opinion about movie promotions: "Fool me once shame on you, fool me twice, shame on me, but fool me thrice and I'll forever wait for DVD."

And… if you made it this far, my favorite aging-related post

An Aging Society Is a Right-Minded Society : Here is the story of how I came to formulate my hypothesis about increased influence of the right brain on perceptions, thoughts and decisions in later life.

Thanks again for stopping by and I hope you found something of interest in all the links.  As always, I found quite a few new and interesting blogs to go into my aggregator.

Next week’s Carnival of the Capitalists will be found over at AnyLetter.

Posted by Douglas Sorocco at 08:33 AM.
Permalink: Carnival of the Capitalists #121
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WORLD-WIDE IP

December 05, 2005

announcing ... J. Matthew Buchanan - of counsel to Dunlap Codding & Rogers

You know the old saying… save the best for last. 

It is my utmost pleasure to be able to finally and “officially” announce that J. Matthew Buchanan has joined Dunlap Codding & Rogers, P.C. 

I know that others (including Matt, Steve, Dennis and Kevin, among many other well wishers) have already beat me to the punch, but since December 1 was Matt’s first official day “on board” – I wanted to wait to make the announcement over here at PHOSITA. 

Many of you know of my collaboration with Matt and Steve Nipper over at Rethink(IP) – but what you may not know is that the three of us began collaborating with one another on different legal matters, practice tips and general career issues at about the same time. 

We all knew that we wanted to continue practicing law – it is truly what we love to do – but at the same time we believed that we could begin to explore the nature of intellectual property law and how legal services are provided to clients. Hence the birth of Rethink(IP) – a place where we can rant and post about the practice of intellectual property law. 

As you can imagine, many of the things we discuss “off blog” are where we are most interested and one of the truly great things to come out of Rethink(IP) was the ability to discuss our individual practices with someone outside our firms – without fear of competition or self-interested advice being given.

One of the things that struck me almost immediately is that we all have the same philosophy and desire to serve our clients.  Matt especially — Matt is the kind of lawyer that we all want to be – loyal to a fault, insightful, pragmatic and wickedly inquistive and knowledgeable. 

I always had in the back of my mind that Matt was one of “those people” I wanted to associate with — little did I know that I would get the opportunity much sooner than I had ever expected.  When Matt mentioned to me this past summer that he was interested in exploring other career opportunities, I knew that there was an opportunity for us to begin putting some of the things we both believe in – service, commitment and excellence – into practice. 

So, after thousands of conversations – Matt agreed to come on board with us at DCR.  I doubt Matt ever expected to be “of counsel” to a firm started in Oklahoma in the 1950s – but as we have grown to include an office in Washington D.C. and our clientele spans the globe, it is only fitting that our newest and tech-saviest firm member is keenly aware of international patent developments and legislation. 

Matt is also spearheading our insourcing and outreach efforts – an experiment surrounding the concept of leveraging the lower overhead of “one off” midwestern cities to a client’s advantage.

Overall, DCR is extremely excited and hopeful about Matt joining our firm.   I think DCR is a perfect fit for Matt, and I likewise believe that Matt will be someone who helps further position DCR at the forefront of intellectual property law firms.

And as Matt has said over and over the past couple of months, “… any place you can eat five types of smoked animals on one plate, can’t be all that bad!”

Posted by Douglas Sorocco at 07:16 AM.
Permalink: announcing ... J. Matthew Buchanan - of counsel to Dunlap Codding & Rogers

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November 24, 2005

China to revise patent Law - People's Daily Online

An article in the People's Daily Online outlines the newest round of revisions being made to China's intellectual property laws.  As anyone who has any contact with China and its patent system knows, certainty is not a term that would easily come to mind.  While none of the changes should be taken as foregone conclusions, it is worth noting and watching.

According to the article:

China's Patent Law will see its third round of changes as the country seeks to iron out problems in the legislation and patent system, a move that is being called "imperative," and timely, reported Thursday's China Daily.

The amendment also aims to meet the challenges from new developments after it joined the World Trade Organization, according to Tian Lipu, commissioner of the State Intellectual Property Office (SIPO).

The revisions are also expected to better balance the interests of patent holders and the public, and to safeguard national interests and economic security, said the paper.

The sections that are likely to be revised will include how to simplify patent application and examination procedures, whether to adopt international standards in granting patents, and how to improve patent protection and infringement judgment standards.

SIPO also suggested adding some rules in the Patent Law to protect China's biological and genetic resources.

Matt has a great category on Chinese patent reforms and issues over at Promote the Progress if you are interested in additional information. 

Posted by Douglas Sorocco at 09:44 AM.
Permalink: China to revise patent Law - People's Daily Online

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November 08, 2005

Engines of Growth - Report of the Economic Contributions of the US Intellectual Property Industries

According to an article entitled Content must catch up with new-media world, the real world ramifications of “rampant” intellectual property theft are shocking:

A study released by NBC Universal on Monday put a fine point on just what is at risk not only to media and entertainment industries but also to the overall U.S. economy. "Engines of Growth: Economic Contributions of the U.S. Intellectual Property Industries," (PDF) commissioned by NBC Universal, yielded "shocking" conclusions according to NBC Uni chairman and CEO Bob Wright regarding copyrighted music, books, TV shows, films and patents.

The piracy of intellectual-copyrighted products is costing the U.S. about $250 billion annually. Globally, it is estimated that more than one-third of all software is pirated. Domestically, what hits home is that 40% of the growth of U.S. private industry contributing to the all-important gross domestic product is from intellectual property-related industries. In other words, this still problematic matter is a U.S. economy-buster.

Well worth the read, whether your are pro-IP or a copyfighter at heart – thanks to IPcentral for hosting the PDF. 

I would suggest reading the report in tandem with Nicholas Carr’s blog post entitled “The Amorality of Web 2.0” – why you may ask?  Well, take this excerpt for example:

But the yearning for a higher consciousness didn't burst with the bubble. Web 1.0 may have turned out to be spiritual vaporware, but now we have the hyper-hyped upgrade: Web 2.0.

. . . .

The promoters of Web 2.0 venerate the amateur and distrust the professional. We see it in their unalloyed praise of Wikipedia, and we see it in their worship of open-source software and myriad other examples of democratic creativity. Perhaps nowhere, though, is their love of amateurism so apparent as in their promotion of blogging as an alternative to what they call "the mainstream media."

To those of you copyfighters who want everything free, open and accessible without limitations on access – I have a question:

Is free information that is incorrect, inaccurate, incomplete and incoherent really free?

Just asking.

Posted by Douglas Sorocco at 09:58 PM.
Permalink: Engines of Growth - Report of the Economic Contributions of the US Intellectual Property Industries
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October 07, 2005

eTV: Another Attack on Entertainment Industry

Digital Video Recorders (DVRs), such as TiVo are sweeping the country. If you do not have at least one DVR, you are really missing a new way to watch television. When you choose to record your favorite programs, you get to watch what you want, when you want. If you do not own a DVR, you can Rent my DVR. Okay, so it is not my DVR, but that is the name of the site. You can have someone record five shows for a Euro. Of course, you must click a box saying that you have the right to view the programs. If you do not have Discovery, Comedy Central, Showtime, or FX Network, you technically should not ask them to record shows that air on those channels. This is not the only way to transmit recordings from the TV broadcast to a computer. In fact, TiVo ToGo allows transfers to PCs, DVD, or mobile devices.

Another example, wwiTV has 1047 stations listed around the world, and even tells you how to record programs using your computer. I could not find anything talking about permission to broadcast. However, it does seem that most of the stations are local broadcast stations.

While the advancements above are suspect, more clear violations are happening.

Did you know that you can watch ESPN and Discovery Channel without paying? See PPLive (in China), and coolstreaming (in Hong Kong and currently shut down due to copyright infringement allegations). There is little question that this online sharing of premium content violates the owner's copyright. However, enforcement is already difficult. An ipFrontline article discusses the copyright challenges this poses. For example, the server with information about violators may be out of the jurisdictional reach of the copyright owners.

What is an entertainment industry to do?

Posted by Melody Wirz at 10:38 AM.
Permalink: eTV: Another Attack on Entertainment Industry

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September 08, 2005

IP and Katrina

• As many reports plainly show, there is little that survived Katrina.
  
  However, IPFrontline reports Intellectual Property Survives Hurricane Katrina. The author states "it occurred to me that intellectual property - copyrighted artwork, patented inventions, computer code, brand names - may be all that remains of thousands of innovative businesses in the New Orleans, Gulfport, Biloxi, Mobile and other Gulf coast areas. In certain other institutions - hospitals and universities, for example - intellectual property licensing may in fact be the primary way to collect new revenues for some time to come."
  
  I guess the nifty thing about intangible property is that it can survive even a category 5 hurricane.

• There is an interesting post at The Trademark Blog: Seized Counterfeit Goods Given To Katrina Evacuees. The post refers to a Washington Times article, and asks whether this type of distribution has happened before. It also brings up a point about the safety of the goods. Usually seized goods are destroyed (after a final determination of infringement).
  
  I also found another Washington Times article about this. Are the policy reasons for destruction of infringing goods overridden by the necessity of the hurricane victims? What if there has not been a final determination of infringement? Why weren't the goods already destroyed? Things that make me go hmmm.

Update 9-12-05: The USPTO considers Katrina to be an "extraordinary situation," so if you were affected and have late maintenance fees as a result, you're off the hook. But the USPTO urges you to act promptly to remedy the delay.

Posted by Melody Wirz at 10:12 AM.
Permalink: IP and Katrina
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September 07, 2005

ip memes' newest members

IP Memes will include a couple of new contributors in the next issue due out on September 26 - namely, Matt Buchanan of the Promote the Progress blog and myself.

If you're not familiar with The TechnoLawyer Community...you should be. TechnoLawyer provides a number of great newsletters (including IP Memes), and a forum where "technolawyers" can ask one another questions about technology (i.e., "has anyone every used _______ and what did you think about it?"). It is an excellent resource for all tech attorneys, and has an archive which I have searched from time to time with questions (what scanner to purchase, whether I should upgrade to the latest version of __________, etc.). The best part? It is free. Try it, if you don't agree you can easily unsubscribe.

Over the past year Steve Nipper of The Invent Blog has been writing the IP Memes newsletter. IP Memes is described as “a weekly newsletter that explores emerging technology-related intellectual property issues — or “memes” as we call them. Think of it as your coal-mine canary for intellectual property issues.”

Steve has been doing a solid job this past year - Matt and I are both thrilled to be asked to join him to continue IP Memes' tradition of excellence and join some of the IP community's finest commentators and thinkers - including Dennis Kennedy, Denise Howell, Gail Standish, Kevin Grierson and Kurt Calia - all of whom, are IP Memes alumni.

Click the image above to be taken to the signup form for IP Memes and yes, it is just another example of the collaboration taking place over at Rethink(IP). You never know where we might "pop up" next.

Posted by Douglas Sorocco at 08:06 PM.
Permalink: ip memes' newest members

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LEGO My LEGOS - The Significance of "S"

You have most certainly heard of "LEGOS." They have long been one of my favorite toys. However, when you try to go to the website legos.com, you will quickly find that you have made a mistake. A message sponsored by "LEGO" appears to inform you that the product is called '"LEGO bricks or toys" and not "LEGOS."' The site then directs you to the proper site, lego.com.

According to a techdirt post, this is a little unsettling. The post states that the website "gives you a lecture on how to properly spell their name."

Why would LEGO be so protective of this mark? I cannot say. The company website provided little explanation outside of the origin of the name: 'The name LEGO comes from the Danish words "Leg Godt," which means "Play well." In Latin it means "I put together."'

I found a federally registered trademark for "LEGGO'S," but it was for frozen food (not likely confused with interlocking plastic building blocks). My best guess is that this message is an attempt to avoid genericism. However, the avoidance of using an "S" on the end of "LEGO" seems a little weird to me. It is common to pluralize a word by adding an "S," and "LEGO" in my mind refers to a single "LEGO brick." Therefore, multiple "LEGO bricks" would still be "LEGOS." Maybe I'm missing something about why we are not supposed to use the simple term "LEGOS" instead of the much more complex "multiple LEGO brand bricks or toys."

UPDATE 9/7/05: An "expert" has helped me understand a little more by pointing me to the part of the LEGO company website that covers this better. It states 'If the LEGO trademark is used at all, it should always be used as an adjective, not as a noun.' I guess I should have realized that trademark always refers to the source and not the product itself. I believe this is the second law of trademarks. The first law of trademarks is trademarks arise out of USE. Even so, it is still common to use trademarks as nouns, with the intent to identify the source. Source is often implicit in the noun itself. For example, people do not say they drive a "Ford brand car," they say they drive a "Ford." This use leaves little question about the source of the "Ford." 

Posted by Melody Wirz at 10:11 AM.
Permalink: LEGO My LEGOS - The Significance of "S"
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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.  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.

Go 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...

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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

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August 02, 2005

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.
Permalink: Do You Have a Million Dollar Idea?
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July 28, 2005

NASA's Intellectual Property

NASA is certainly at the top of the list in advanced technology. Of course, this means that they must protect the intellectual property associated with their advancements. You may be surprised at how complex this protection can get.

• Intellectual Property for the International Space Station - Not only do U.S. laws come into the picture. International agreements must also be considered. If you thought IP law was difficult in foreign countries, try leaving the planet!
• Model Exclusive Patent License Agreement - In approximately 21 pages, you can grant NASA an exclusive license to your patented invention.
• Model Nonexclusive Patent License Agreement - It only takes 19 pages to grant a nonexclusive patent license.
• Use of NASA Name and Logo - I consulted this before posting, which is why I didn't include a picture of the logo.
• NASA, Monopolies, and the Cold War: The Origins and Consequences of NASA Patent Policy, 1958-1996 - I never would have guessed that the formation of the patent policy was so political.
• NASA Grants Two New Imaging Software Patents - I didn't know NASA granted patents, but the software is used to detect and clarify debris in launch video. There is little doubt that this software was used earlier this week to see the falling foam that seems to be plaguing the shuttle missions.

For more on NASA's patents, you can view some search results including the word "patent."

Reports are now claiming: Shuttle program halted over debris. So, if you're interested in helping our space program, think of a new way to make foam stick during launch. But, keep NASA's intellectual property policies in mind.

Posted by Melody Wirz at 10:02 AM.
Permalink: NASA's Intellectual Property

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July 22, 2005

Patent Agency Graduate Program Initiated

Now, people with technical and scientific backgrounds can take a 36 hour Patent Agency program and get a Masters degree. The program will prepare participants to pass the patent bar and give them an understanding of IP law, ethics, patent drafting, prosecution, and litigation.

The program is currently offered in St. Louis, but there are plans to offer the program in other locations as early as next year.

For more, see: Webster U. to offer patent agency graduate program, or Webster University Announces New M.A. in Patent Agency.

Posted by Melody Wirz at 10:00 AM.
Permalink: Patent Agency Graduate Program Initiated

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July 21, 2005

Copyright Question of the Day

Q: How can search engines legally re-display internet content for the purpose of generating revenue?

A: First, the revenue is not generated by selling a copy of the work. Rather the income comes from advertising. However, making money from copying is not a requirement for copyright violation. Therefore, the search engines must still comply with copyright law.

Copyright violation requires a copying. The search engines do not appear to be copying entire websites, so there is probably not a copying of a substantial portion of the work. 17 U.S.C. § 101 defines derivative work and would preclude search engines results from being such because they are not changing the copyrighted work (the web sites). Instead, they are merely referencing a small portion of the websites. Additionally, the search results are not "fixed" because of their temporary nature or "transitory duration," and they may not even be considered copies of the works.

Lastly, under a fair use analysis, the search engines are actually adding value to the website content by directing targeted traffic to the site.

Further References

• 17 U.S.C § 106 - Copyright Holder's Rights
• 17 U.S.C. § 107 - Fair Use
• New York Times Co. v. Tasini, 533 U.S. 483 (2001)
• Kelly v. Arriba Soft, 336 F.3d 811 (9th Cir. 2003) (pdf)

Thanks to Chris W. for the question and to Anthony for finding the answer.

UPDATE 7-22-05: In a related story, Perfect 10 tests copyright law - An adult website is suing Google and A9 for copyright infringement for displaying thumbnails of valuable copyrighted photographs in search results.

 

Posted by Melody Wirz at 02:21 PM.
Permalink: Copyright Question of the Day

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July 13, 2005

Internet Archive sued under DMCA and CFAA

Created in 1996, the Internet Archive is an extremely valuable tool for researching historical website content. In fact, my most recent use of the WayBackMachine was to look at a product that was the subject of a recent Federal Circuit decision. The decision upheld a district court decision requiring the product be pulled from the market. Without the Internet Archive, I would have never been able to actually see the disputed product.

According to Web archive sued over use in another suit, it "is also routinely used by intellectual property lawyers to help learn, for example, when and how a trademark might have been historically used or violated."

However, the Internet Archive was sued last week by a company who claims that "the access to its old Web pages, stored in the Internet Archive's database, was unauthorized and illegal." The lawsuit claims copyright infringement, violation of the Digital Millennium Copyright Act, and violation of the Computer Fraud and Abuse Act.

Posted by Melody Wirz at 09:38 AM.
Permalink: Internet Archive sued under DMCA and CFAA
| Comments (1)

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Aussie Meets Opposition in "McBrat" Trademark

An Australian lawyer by the name of Malcolm McBratney has been using his nickname, "McBrat," to sponsor a rugby team. However, when he attempted to register the mark, he was blocked by McDonald's Australia. McDonald's claims the mark is too similar to McKids.

McBrat (aka Mr. McBratney) disagrees, stating "[w]hat it boils down to is that McDonald's seems to be trying to own not only the McDonald name but everything beginning with Mc . . [t]here are a lot of people with Irish and Scottish heritage who'd dispute that."

The fun part about this dispute is that McBrat specializes in intellectual property law.

For more on the story, check out Australian lawyer vows to fight McDonald's in trademark row.

Posted by Melody Wirz at 09:16 AM.
Permalink: Aussie Meets Opposition in "McBrat" Trademark

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July 12, 2005

Changing the World - One Invention at a Time

We've all seen the videos showing the difficulty of moving water in Africa. However, it looks as if a new invention may change this. According to the website, Roundabout Outdoor:

A common sight in rural South Africa is that of water carriers covering large distances in order to fulfill their daily water requirements.

Traditional sources of water collection are from dams, springs, rivers, streams and farm reservoirs, with the introduction of boreholes where these traditional sources of water are unavailable. Until now such boreholes have been operated by handpumps as the use of modern alternatives such as diesel, petrol or electric pumps are costly to install and have the concomitant constant financial burden of fuel and maintenance costs.

The solution?

The "Playpump," which attaches a merry-go-round to a water source. This lets children pump the water in a fun new way. It's clean, it's cheap, and it doesn't even feel like work.

 

Posted by Melody Wirz at 09:13 AM.
Permalink: Changing the World - One Invention at a Time

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July 11, 2005

Typosquatter Loses Battle With Google

Last week, the National Arbitration Forum released a ruling in favor of Google. The issue was whether certain domain names were confusingly similar to Google's domain name. The disputed domain names included googkle.com, ghoogle.com, gfoofle.com and gooigle.com. Since the extra letter in each name is next to a correct letter, it appears that this is a case of "typosquatting." According to Wikipedia, "[t]yposquatting is a form of cybersquatting which relies on the chances that a person who enters a website address into a web browser will accidentally enter an incorrect website address and be led to an alternative address which the cybersquatter owns"

The decision is only one of thousands of domain name disputes heard annually by the National Arbitration Forum.

For more, check out the National Arbitration Forum Blog, or the AP story (via BusinessWeek Online).

In my research, I found that ggogle.com, gooogle.com, gogle.com, and googlee.com all lead to Google (with googlee.com leading to the English version). However, googgle.com and googlle.com lead to other sites. I wouldn't be surprised if we saw these sites challenged soon.

Posted by Melody Wirz at 10:39 AM.
Permalink: Typosquatter Loses Battle With Google

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July 08, 2005

Class Action Websites: Privilege Without a Relationship?

The 9th Circuit Court of Appeals recently ruled that a law firm does not have to provide an adverse party with information obtained through a questionnaire on the law firm's website.

Even though the site stated that there was no attorney-client relationship created by the form, the information obtained was considered privileged under California law.

While this decision seems to fit within my understanding of confidential communications, it certainly highlights the problems present in class action websites. The article Class Action Web Sites Untested states that "class action Web sites developed by law firms continue to present complications related to jurisdiction, applicable laws, ethics rules and more, which courts have yet to address."

Posted by Melody Wirz at 03:26 PM.
Permalink: Class Action Websites: Privilege Without a Relationship?

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July 06, 2005

TV Technology - The Next Great Copyright Case?

"Days after the Supreme Court weighed in on digital copyright infringement issues in the MGM v. Grokster case, select consumer electronics chains began stocking a product some predict could spark the entertainment industry's next showdown over intellectual property rights." TV technology at edge of legal frontier

Grokster made it clear that selling a device that has the stated purpose of infringement isn't okay. However, there was no mention of "space-shifting" or "place-shifting." Perhaps this means that the current law allows the newest in entertainment technology, as long as the marketing is done correctly.

For years, we've been setting a device to record our favorite programs while we aren't home (time-shifting). First with the VCR, and later with DVRs. However, we've been waiting for the ability to view programs remotely (space -shifting).

Every time I've spent the night in a hotel, I've missed my DVR. I can't stand flipping through the channels, hoping to find something interesting when I know that I've got great programming waiting for me at home. Or even worse, missing a program and hearing the outcome the next day before I get a chance to view it. With the newest in TV technology, you can view your recorded programs before you get home.

From the article: "New to the shelves of Best Buy and CompUSA this month is Slingbox, a brick-sized device that enables viewers to route the live television signal coming into their homes to a portable device anywhere on the globe via broadband connection."

The ability to "space-shift" seems a natural extension of the "time-shift" of Sony. As long as the companies market the use I've described, space-shifting may be viable. As for the entertainment industry, I recommend they "sell" programs to people who forgot to record them (or who don't subscribe to the channel of the program).

Posted by Melody Wirz at 11:08 AM.
Permalink: TV Technology - The Next Great Copyright Case?
| Comments (2)

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June 30, 2005

Is IP Harming American Troops in Iraq?

When I saw the headline Soldiers vs. Intellectual Property Rights in a Google search for the IP news of the day, I had to check it out.

The article, which is apparently written by someone in Iraq, starts with reports of how soldiers don't have proper equipment to adequately protect themselves. This was nothing new to me, but I was really surprised at the author's explanation for the reasoning: "Why? It turns out that US capitalists are at war with US troops."

The author states that the production of armor for Humvees is limited to a single source, which cannot keep up with demand, concluding "[s]oldiers' lives are evidently less important than intellectual property rights that confer monopoly profits on capitalists. The Iraq War is the best crash course in the ABC of capitalism."

Unfortunately, the author doesn't realize that there would be no armor at all if it weren't for the incentive to innovate. However, I do wonder why the government doesn't just manufacture and pay a "reasonable and entire compensation" under 28 USC § 1498.

Posted by Melody Wirz at 10:01 AM.
Permalink: Is IP Harming American Troops in Iraq?
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Taiwan Intellectual Property Academy Opens

Tuesday, the Intellectual Property Academy (IPC) opened at the National Taiwan University (NTU). The IPC hopes to educate 1,000 professionals per year to help corporations create, protect, and use the fruits of intellectual property.

According to my source article, "[t]he academy will establish strategic alliances with various universities around the country and will coordinate efforts fo NTU and domestic enterprises to promote the cultivation of experts in the field of intellectual property . . ."

Posted by Melody Wirz at 09:22 AM.
Permalink: Taiwan Intellectual Property Academy Opens

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June 29, 2005

phosita ::: quick links for 2005-06-29

• After 17 Years in Court, Plaintiff in Festo Fails to Prove Infringement (after two trips to the Supreme Court, it could be over -- as long as there isn't another appeal)
• Application Size Fee Discount from "The Invent Blog" (It's effective July 1, 2005, so it's worth a look)
• The Court Has Ruled So Enter the Geeks What will the response to the Grokster decision be? Perhaps, as stated in the article, the "new standard for software innovation: don't ask, don't sell."
• Supreme Court's unsound decision Could Google be in trouble as a result of the Grokster decision? (registration or viewing of a commercial required)

Posted by Melody Wirz at 09:29 AM.
Permalink: phosita ::: quick links for 2005-06-29

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June 27, 2005

Grokster Decided

In a unanimous decision, the music industry won.

• Entertainment Industry Wins U.S. Supreme Court Fight on Piracy (Bloomberg)
• Court rules Internet file-sharing services can be held responsible for music theft (WOOD-TV)(AP Story)
• Web file-sharing sites may be sued, justices rule: Decision OKs lawsuits if service encourages illegal swapping (MSNBC)

I couldn't find the decision yet, but I'm sure it will be interesting.

UPDATE: The decision is here.

Basically, the Court held that when there is intent for users to infringe, the software provider is in deep doo-doo. I was sad to see the Court avoid the Sony decision, but Breyer's concurring opinion does a good job of explaining why we should leave the Sony decision alone (as much as possible).

The two different concurring opinions are interesting. Ginsberg, Rehnquist, and Kennedy all seem to think that a re-interpretation of Sony may be in order. This concurrence states: "If, on remand, the case is not resolved on summary judgment in favor of MGM based on Grokster and StreamCast actively inducing infringement, the Court of Appeals, I would emphasize, should reconsider, on a fuller record, its interpretation of Sony's product distribution holding."

Breyer, Stevens, and O'Connor seem to focus on the development of technology. Their concurrence points out the factual similarities with Sony and nearly admits that the software is a staple article of commerce. They still come down on the side of the music industry. However, they appear to limit the holding to cases where the entity "actively seeks to advance the infringement."

Of the opinion and the two concurrences (55 pages total), I recommend the Breyer concurrence (last 18 pages).

Comments?

Posted by Melody Wirz at 10:19 AM.
Permalink: Grokster Decided
| Comments (2)

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Grokster Ruling Expected Today

I think we've all been holding our breath long enough. Hopefully, we'll be able to breathe again today. For a few stories on the expected ruling, check out the following:

• Grokster ruling expected: U.S. justices could decide file-sharing suit brought by entertainment firms
• Grokster Reader's Guide

Posted by Melody Wirz at 09:05 AM.
Permalink: Grokster Ruling Expected Today

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June 21, 2005

Busted! - Unlicensed Piñatas

According to an article in the LA Times, piñatas sporting the likeness of cartoon characters were the subject of an undercover sting by entertainment industry representatives.

"Disney declined to comment on the piñata lawsuits, filed in U.S. District Court in Los Angeles in February and April."

I did a little research and found a number of Disney characters in piñata form. For example, Ariel (aka the little mermaid). I don't know about you, but I'm not sure the piñata likeness does the cartoon image much justice.

Posted by Douglas Sorocco at 09:25 AM.
Permalink: Busted! - Unlicensed Piñatas

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June 14, 2005

Legal Guide for Bloggers

The EFF has released a Legal Guide for Bloggers. Included in this guide are sections on defamation, reporter's privilege, public records, and workplace blogging. But, the best section that interested me was Bloggers' FAQ: Intellectual Property. This section covers copying of other blogs, government documents, Creative Commons, licensing of comments, deep linking, copying of images, the DMCA, trademarks, and right of publicity. If you have any questions about intellectual property and blogging, check it out.

Posted by Melody Wirz at 10:56 AM.
Permalink: Legal Guide for Bloggers

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June 08, 2005

Gripe Site Meter

I've previously posted about the trademark implications of gripe sites. I recently came upon a website with a "meter" that shows which websites have "sucks" sites and which ones have "rules" sites. It even has a nifty bar chart.

Posted by Melody Wirz at 05:09 PM.
Permalink: Gripe Site Meter

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June 02, 2005

Instant Noodle Inventor Retires

Japan Today reports 95-year-old inventor of instant noodles to finally retire. According to the article, Momofuku Ando invented instant noodles in 1958. He will step down from his post as Chairman of Nissin Food Products Co on June 29.

Before inventing, Ando was involved in a number of attempted professions: "selling salt, socks, silk yarn, magic-lantern projectors, engine parts, prefabricated houses and even managing a school." He was 48 when he came up with the invention that can still be seen around the world.

For more about Ando and his wonderful invention, see Oodles of noodles.

Posted by Melody Wirz at 09:07 AM.
Permalink: Instant Noodle Inventor Retires

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May 31, 2005

Canadian Trademark Practice Change - First to File for Examination Purposes

I just received an urgent alert from one of our Canadian trademark associates, Ridout & Maybee, about a significant change to Canadian trademark practice. 

According to their memo – the Canadian Federal Court of Appeal handed down a decision on May 10, 2005 in Attorney-General of Canada v. Effigi In., (French appellate opinion and English trial court opinion) holding that Canada is a “first to file” country with respect to trademark examination.

“In other words, for examination purposes, where there are confusingly similar marks which are the subject of co-pending Canadian applications, the Canadian Trademarks Office need look only at the filing or priority date of the application.  The first one filed will be approved for advertisement, irrespective of any dates of Canadian use set out in the applications.  This change in Canadian practice takes place immediately.”

It is important to note that this change is only for purpose of examination – after examination, later filed marks that have earlier use dates can still be used to challenge the earlier filed mark in an opposition proceeding.

“This decision makes it clear that it is in opposition proceedings, and not at the examination stage, where the party with the earlier Canadian use date (but later filed application) can prevail.  Thus, we expect faster prosecution of trade-mark applications but increased numbers of oppositions in Canada.”

Thank you to Ridout & Maybee for the information.

Posted by Douglas Sorocco at 04:14 PM.
Permalink: Canadian Trademark Practice Change - First to File for Examination Purposes

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May 27, 2005

Barbie vs. Barbie's

The mammoth California-based toy company is battling a Quebec restaurateur over Barbie's -- even though the name refers to the menu's barbecued food.

Mattel is suing to shut down a BBQ joint in Quebec called "Barbie's," on the grounds that very stupid children might wander alone into the bar/restaurant and order ribs under the mistaken impression that they have something to do with the Barbie dolls.

Posted by Melody Wirz at 01:32 PM.
Permalink: Barbie vs. Barbie's
| Comments (1)

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May 25, 2005

Finally - Revenge of the Sith DVD in Pakistan

According to Pirated Star Wars hits Pakistan, you can finally buy a DVD of the newest installment in the Star Wars series. The movie would have been available much sooner, but there was a recent crackdown in copying facilities.

Three of Karachi's estimated 11 replication facilities were raided by the Federal Investigation Agency (FIA) earlier in the month.

The owner and manager of one facility were arrested and more than 300,000 pirated DVDs were recovered from the three plants.

Still, sales within Pakistan are projected to be about 50,000 copies in the first two weeks. However, the raid has made shopkeepers nervous. For the risk of being caught, prices are up over 30%, bringing the cost of the newly released "Revenge of the Sith" to just over $2. Additionally, customers can also buy a DVD containing all five previously released episodes for another $2. So, for about the price of a soft drink at the movie in the U.S., you could buy the entire "boxed set" in Pakistan.

I guess the disparity in the prices between the legitimate version and the pirated version really highlights the value of the intellectual property of the films.

In other news, apparently FOX [is] issuing takedown notices to Sith downloaders.

We saw it coming.  BayTSP’s claim that they could track BitTorrent file swapping, the recent MPAA threats targeted at Revenge of the Sith downloaders, and an overall increasing presence from the dark side have been a few clues.

For comments on this article, see this Boing Boing post.

And now some free legal advice: Don't download "Revenge of the Sith," and don't buy a DVD of the movie before it is released by the studio. If you already have a copy: absolutely, positively DO NOT copy it.

Posted by Melody Wirz at 09:20 AM.
Permalink: Finally - Revenge of the Sith DVD in Pakistan

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May 23, 2005

Oldest Patent Lawyer Recognized

Franklin Pierce Law Center awarded C. Yardley Chittick an honorary degree. Chittick is the nation's oldest practicing patent attorney at 104 years of age.

According to NPR, Chittick lived across from Humphrey Bogart in 1917, and turned down a job offer with Thomas Edison, after passing Edison's requisite test for employees. An audio file interview with Chittick is available at the NPR article Nation's Oldest Patent Attorney Honored. It's under 5 minutes long and definitely worth listening.

For more on a patent attorney from which we can all learn, see That's a lot of lawyering! or 104-Year-Old Lawyer Gets Degree.

Posted by Melody Wirz at 09:17 AM.
Permalink: Oldest Patent Lawyer Recognized

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May 19, 2005

Piracy of the Sith

It sure didn't take long for the movie Revenge of the Sith to be available for download into your living room. You probably can't get the full theater experience from the "work print copy" available through the internet. However, this didn't stop more than 16,000 people from downloading the film. By the way, this activity is a copyright violation.

Revenge of the Sith leaked online states that: "DVD pirates are preparing to flood the market with illegal copies of the film" and "Sleeves for pirate copies of the film and discs with director George Lucas' introduction have been seized in Lon