The LAST BEST PLACE That Doesn’t Need a Trademark Registration
By Rimon Admin | May 21, 2012
Why obey federal trademark law (aka the Lanham Act) when you can just pass a new law that exempts you from it? Montana’s Senators sure are slick and I’m betting the Last Best Beef wishes it had a beef with any other State besides Montana!
Instead of federally registering and enforcing its rights in Montana’s slogan, THE LAST BEST PLACE, in 2005 Montana Senators Conrad Burns and Max Baucus got Congress to pass a law prohibiting the use of “federal funds” for trademark registration of the term during the following fiscal year. Never mind that the USPTO is a fully user-fee funded agency. This provision was included in an appropriations bill to prevent any funds that the government allocates to the PTO — as in all of its user fees — from being used to register THE LAST BEST PLACE.
Trolls, Wizards, and the Pitfalls of Patenting
By Bruce Abramson | May 08, 2012
Patents are back in the news. In the past few weeks alone, Microsoft bought AOL’s patent portfolio for $1 billion, then resold much of it to Facebook for $550 million. Twitter pledged to use its patents only defensively, and to give its employee-inventors a say in the company’s future patent litigation strategy. Controversial trials, appeals, rulings, and awards continue—prompting the Wall Street Journal to publish Andy Kessler’s call for curtailing the rights of non-practicing entities (NPEs), also known affectionately as “trolls.”
Stop Online Piracy Act: Powers Granted to the Attorney General
By Rimon Admin | Jan 05, 2012
As noted in the first piece of this two-part series, the Stop Online Piracy Act’s (“SOPA”) procedures vary depending on whether the Attorney General or a copyright holder initiates the process. This article looks at the possible course of action when initiated by the Attorney General.
Stop Online Piracy Act: fair play or a stacked deck?
By Rimon Admin | Dec 22, 2011
Currently under debate in the U.S. House of Representatives, the Stop Online Piracy Act (“SOPA”) would provide the Attorney General and copyright holders with tools to combat copyright infringement and trafficking of counterfeit goods. Whether the bill goes too far, though, is under heavy scrutiny. Opponents to SOPA, including Internet giants such as Google and Facebook, worry that the bill will result in Internet censorship akin to China’s Internet firewall. Others, including the RIAA and MPAA, believe it is necessary to protect U.S. intellectual property.
Hey, Chick-fil-A: Eat (More) Crow! This is not Trademark Infringement.
By Rimon Admin | Nov 29, 2011
Do you imagine crow tastes good with chicken? Maybe we should ask the legal eagles representing Chick-fil-A, whom I suspect now have first-hand knowledge of the answer to that question.
Availability of Software Patents in the US, Europe, Japan, China and India
By John Boyd | Oct 19, 2011
The ongoing “patent war” between Google, Apple and Microsoft has brought public attention to the value that these companies perceive in their patent holdings. These companies are aggressively buying patents, hoping to integrate those discoveries with their own, but also to preclude their use by competitors through the threat of patent-infringement litigation. Software patents, are playing a pivotal role in this competition, for example, patent-infringement actions against smartphone producers utilizing Google’s Android operating system.
Geekview IP week(s) Review
By Rimon Admin | Oct 09, 2011
CA Water District’s new domain names unfairly drown out Central Basin Municipal Water District.
Apple Tribute Infringement?
By Rimon Admin | Oct 07, 2011
On October 5, 2011 Steve Jobs died and the world lost a great man.
In honor, one of my tech friends, Eric Greenspan of Make It Work, posted the above image to his Facebook page yesterday afternoon, which I immediately “Liked.” (Eric also took part in a moving HuffPost Tribute to Steve Jobs, which can be seen here). Let me correct myself; I immediately loved this image. It’s so simple and powerful. It’s the perfectly beautiful human side of Apple. It made me teary-eyed.
Apple Denied! TTAB Upholds Refusal to Register MULTI-TOUCH
By Rimon Admin | Sep 28, 2011
Apple is known for innovation. Above on the left is Apple’s revolutionary touch-screen device. Above on the right is a portion of the patent for this device. Apple’s introduced the iPhone on January 9, 2007 (has it only been five years?). On the very same day, it filed a federal trademark registration application for MULTI-TOUCH. Since I know you’re dying to know, the IPHONE trademark registration application was filed on September 26, 2006, although not by Apple. It was filed by a company named Ocean Telecom Services, which applied based on its foreign registration of the IPHONE mark in Trinidad and Tobago. Ocean Telecom merged with Apple on October 5, 2007, and Apple took over ten pending IPHONE trademark registration applications from Ocean Telecom.
Have an Idea? What about a Patent?
By John Boyd | Aug 17, 2011
I’m a patent attorney. As a result, I get a lot of questions from people about patents. Questions like: "Do you think this idea is patentable?"; "Do I need to hire an attorney?"; or "How much will it cost to file a patent?"
I’ve always enjoyed interacting with inventors. They are often very excited about their ideas and love teaching others about their innovations. When inventors come to me with a great idea that has potential commercial value, I often encourage them to look into pursuing a patent.
Google and Motorola: Concentrating Attention on Concentrated Power
By Bruce Abramson | Aug 16, 2011
Google is one of the worlds most intriguing companies. From its humble beginnings as a search engine company, Google has leveraged its mastery of the elusive formula for monetizing web traffic into a force capable of tangling with China—making it considerably stronger than our own State Department by some measures. Its recent announcement that it plans to acquire Motorola Mobile makes it heir to a grand tradition of American manufacturing—not to mention possessor of a valuable trove of intellectual property, and a sudden direct competitor to stylish hardware king, Apple.
Media Industry Strikes Back at Online Infringement
By Rimon Admin | Jul 18, 2011
This blog originally appeared on the Wiliam Galkin's Law Blog.
It’s no secret that piracy of music and movies over the Internet is rampant and costs industry billions of dollars annually. Most people involved in this activity are not hardened criminals, and if asked, will probably admit that it is a technical violation of the law, but that it’s not really that illegal. You might even hear an argument that since industry is resigned to the fact that nothing can be done about it, it’s basically permissible. Legal solutions alone clearly have not worked. Most acknowledge that the only solution is an innovative combination of advanced detection technology and enforcement of applicable intellectual property and Internet laws. Well, perhaps a first step in this direction has now occurred.
The PROTECT IP Act Blacklists IP Infringing Websites: Do the Benefits Outweigh the Costs?
By Rimon Admin | Jul 15, 2011
On May 12, 2011, Vermont Senator Patrick Leahy introduced the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PROTECT IP Act) to the Senate Judiciary Committee. The bill is a revised version of the Combating Online Infringement and Counterfeits Act (COICA), which was unsuccessful a year ago.
The Act’s primary purpose is to prevent websites, both foreign and domestic, from infringing on the rights of U.S. patent holders. However, the proposed procedures and methods to protect the patent holders have sparked justified controversy and opposition to the Act. As such, Oregon Senator Ron Wyden held up the bill on May 31 to prevent it from reaching the full Senate for the time being.
Does Pandora’s Lukewarm IPO Foreshadow Groupon’s Fate?
By Rimon Admin | Jun 30, 2011
After filing for an IPO in Februrary, 2011, streaming music company Pandora went public on June 15, 2011 with little fanfare. In contrast to LinkedIn which went public last month with a soaring valuation, Pandora’s valuation has been largely as expected. Off the heels of LinkedIn, this could be seen as disappointing.
Trading on the Secondary Market
By Rimon Admin | Jun 29, 2011
In recent years, the secondary market for stocks – a platform through which investors can buy and trade shares of private companies – has grown exponentially in size and use. This year, transactions on the online platforms of SharesPost and SecondMarket alone have totaled over $ 4.6 billion, and are projected to exceed $ 6.9 billion next year. This does not include the much larger volume of trading by traditional broker-dealers and financial advisers, or other online platforms.
Geek in Trouble — Best Buy Believes Geeks will Get it in Trademark Infringement Dispute with Newegg
By Rimon Admin | Jun 24, 2011
Being that my brand is BrandGeek®, when I saw the Wall Street Journal headline, “Now That Everyone Wants to Be a Geek, Lawyers Have Been Called,” I thought trouble surely was headed my way. Thankfully, I’m not pedaling electronics, nor religion via VW Beetle, so it appears I’m safe. For now. Imagine the panic when I first saw the headline in an e-mail from my friend Julie Markham at Greenlighted. I could only imagine tomorrow’s headline, “Trademark Attorney Tried for Infringement,” but I knew I’d done my due diligence, so it had to be something else.
ICANN Approves Open Season on new gTLDs for 2013
By Rimon Admin | Jun 23, 2011
On June 20, 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) approved a new generic top-level domain (gTLD) program, first introduced in 2008. The program will greatly increase the number of gTLDs allowed for use on the internet, which is currently limited to 22 (such as .com, .org, and .net).
Interpreting the Startup Visa Act
By Rimon Admin | Jun 22, 2011
On March 14, 2011, Senators John Kerry and Richard Lugar introduced a bill titled the Startup Visa Act of 2011, which is an updated version of a 2010 bill. If passed, the act would provide temporary work visas to various kinds of foreign workers if certain financial benchmarks are met.
NAD Teaches TransFair USA to fine tune Fair Trade Seals & Asks Avon to Amend Advertising
By Rimon Admin | Jun 20, 2011
As discussed in my December 13, 2010 post, the National Advertising Division (NAD) of the Council of Better Business Bureaus (BBBs) offers a streamlined, self-regulatory mechanism for remedying false advertising claims made in nationally distributed advertisements. While NAD has a 95% success rate, those advertisers who fail to follow NAD’s recommendations may find themselves before the FTC upon NAD’s recommendation.
On February 16, 2011, I reported on NAD’s recommendation that Nano-Tex cease making several (green and other) advertising claims in connection with three of its fabric coating products. On January 24, 2011, I discussed NAD’s recommendation that Sherwin-Williams modify its no-VOC claims for its HARMONY brand paints.
5 Tips for Finding a Good Patent Attorney
By John Boyd | Jun 20, 2011
In order to be commercially successful, ideas need to be properly developed and marketed and team and execution are usually the most important factors. However, protecting the idea with available intellectual property rights is often a critical initial step and typically requires preparing, filing and prosecuting one or more patent applications. Deciding which <a href="http://www.rimonlaw.com">law firm</a> or patent attorney to work with is often a challenge.
Supreme Court Confirms “Clear and Convincing” Standard for Patents
By John Boyd | Jun 09, 2011
By a unanimous decision, the Supreme Court rejected Microsoft's argument and affirmed the Federal Circuit's strong presumption of proof that granted U.S. patents are valid.
Silicon Valley: Connecting to Israel
By Rimon Admin | Jun 06, 2011
Recent moves into Israel by companies from the Silicon Valley are a reminder that there are still many untapped opportunities for economic cooperation between two of the world's foremost centers of high technology. Innovative business cultures and common values make Israel and the Silicon Valley natural partners in the world of high-tech and venture capital.
What To Do if You Receive a Patent Infringement Notice - Part 1
By John Boyd | Jun 06, 2011
Patents have many legitimate strategic uses, which seem great until you receive a letter or notice from someone claiming you are infringing one or more patent claims.
The following are some actions that can be taken by a business after receiving such a notice.
The Top 5 IP Mistakes Tech Startups Make
By John Boyd | Jun 02, 2011
It’s not easy being a technology startup. There are many challenges, including racing towards product and business development milestones, recruitment and management of employees, funding goals and restraints, fierce competition from big and small competitors, changing legal and regulatory landscapes – just to name a few.
One of the costliest mistakes a startup can make is mismanaging intellectual property rights. A company needs to not only manage its own IP rights, but also avoid those of third parties, including competitors. To be on the safe side, therefore, intellectual property management should include efficiently protecting the startup’s IP rights while also avoiding the IP rights of others.
Senate Passes Patent Reform Bill
By Rimon Admin | Mar 10, 2011
The Senate recently passed "The America Invents Act" which, if completed, would be the first major overhaul to U.S. patent law in more than half a century.
New HSR Thresholds for 2011 to Take Effect
By Rimon Admin | Feb 25, 2011
The annual adjustment of the dollar thresholds for preacquisition filings under the Hart-Scott-Rodino Act will take effect February 24, 2011. All transactions closing on or after the effective date will be governed by the new thresholds.
IP Heavyweights Weigh in on Brand Bullying
By Rimon Admin | Feb 23, 2011
AIPLA and INTA submitted comments to the USPTO in response to the PTO's request for feedback on Trademark Litigation Tactics
How Trademarks are like Houses and Cars
By Rimon Admin | Feb 16, 2011
Multiple variables determine the cost of a trademark registration.
No Animals Were Harmed…Only Trademarks
By Rimon Admin | Feb 16, 2011
Before using a “catch phrase,” it is prudent to first ensure that such phrase is not a trademark that belongs to someone else. If the phrase you want to use turns out to be a third party’s trademark, consult with trademark counsel to determine whether to seek a license, switch terms, or something else.
Patent Infringement Damages May Now Be Calculated Differently
By Michael Moradzadeh | Jan 12, 2011
In Uniloc v. Microsoft, an appeals court issued a decision that may change how infringement damages are calculated by precluding the use of the "25 percent rule of thumb" which has been used to calculate damages in most patent cases for the past fifteen years. This decision marks an important step towards requiring patent plaintiffs to rigorously prove damages with facts connected to the value of the patented invention, and it is likely that future courts will more strictly scrutinize patent damages evidence.