The Invent Blog® » Trademarks :: The Patent Blog of Stephen M. Nipper

TGIF: Cat O’Nine Tails

April 18, 2008 on 12:15 pm | In Trademarks | 2 Comments

Which is creepier? The fact that “cat o’nine tails” is an actual identification listed in the “Trademark Acceptable Identification of Goods & Services” OR the fact that 38 trademarks included it in their listing of goods/services?

One of those trademarks is a pending design for “AEROFLOT RUSSIAN AIRLINES” (Ser.No. 79/046430). You apparently don’t want to mess with Russian air marshals.

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None Found

Google Image Labeler … Community Intellectual Property Cops?

March 26, 2008 on 10:26 am | In Copyrights, Tech Tips, Trademarks | Comments Off

Google has a new “product” in beta. Called the “Google Image Labeler,” it is “a feature of Google Search that allows you to label images and help improve the quality of Google’s image search results.” You are partnered with another person and are shown a series of images over a two-minute period. Both of you enter labels for a shown photo (without seeing one another’s responses) and when you both type in the same label, a new picture is shown. As a reward for your hard work, Google gives you “points.” Interesting concept…and surprisingly fun.

Now…think about the implications to trademark/copyright owners. Suddenly, a Google images search for “Nike logo” may turn up more examples of infringing uses on websites. Hmm…community policing of trademarks/copyrights.

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Law Hack: Male Names vs. Female Names

TIBBIT #2 — Trademark searching

Google SketchUp

Blawg Review #146

February 10, 2008 on 9:55 pm | In The-Practice-of-Law, Trademarks, USPTO, Weblogs | 4 Comments

Welcome to Blawg Review #146. This is actually my second time hosting Blawg Review…I was party to the infamous Blawg Review #48 (hosted by the group blawg RethinkIP (with Matt and Doug ). Note to self, not everyone appreciates it when you try to “Rethink” Blawg Review.

This time around I’m hosting Blawg Review on National Inventor’s Day (U.S.). Congress has designated February 11th (the anniversary of the birth of the inventor Thomas Alva Edison, who had over 1,000 patents) as “National Inventor’s Day.” Since we’re talking about inventors…don’t forget that you can still nominate someone for National Inventor of the Year.One common “inventor” misconception is that Edison was the most prolific American inventor. He wasn’t. That title goes to Donald Weder of Highland, IL (hometown of blawger Matt Homann) and client (according to issued patents) of the patent law firm that brings us the PHOSITA patent blog. Small world. What exactly does Mr. Weder have patents on? Basically everything you get from your florist that isn’t grown from a seed (for instance, the pleated foil wrapper the pot of flowers is placed in).

Enough patent trivia. On with patent/inventor themed Blawg Review #146!

I’m not so sure that Blade was an inventor, I think it was Whistler…but the actor that played Blade (Wesley Snipes), managed to get a number of mentions in blawgs this week, including The Snipes Trial considering “Voluntary Compliance” and the Sox First blog (not to be confused with Monica Bay’s “Sox Last” blog) which thinks that Wesley Snipes: a little guilty of tax dodging.

What’s up with Ohio and bloggers? Is there a finite number of Ohio law blogs? The Ohio Employer’s Law Blog writes about the “Rebirth of the Megatrial,” The Practice talks about a transvestite and a crackpipe in “Jamie” gets paper, the Ohio Employment Law blog points out that the Ohio Supreme Court holds that retained memory can constitute a trade secret, and finally, the Ohio Practical Business Law Counsel reminds us “Why every client should want an attorney who blawgs.” I think she’s biased.

If only inventors had a current list of the patent blogs. Oh, wait…Brett Trout already did that! Of course, according to Marry Dudziak, the New York Review of Books thinks that the blogosphere and its inhabitants is unhelpfully narrow-minded. So maybe clients don’t want blogging attorneys. Or do they? I’m confused. As if it even matters…apparently there may be a finite number of legal blogs that can exist (according to Simple Justice ). Or maybe not (according to LexBlog).I’ll know we’ve reached capacity for patent blogs when someone starts The Fastener Quality Act Blog. Yes, there really is a The Fastener Quality Act … it “protects against the sale of mismarked, misrepresented, and counterfeit fasteners.” Even funnier is the fact that the US Patent and Trademark Office is in charge it. Next time you use a quality fastener, you know who to thank.

Usually, when inventors/patent practitioners think of the USPTO and fasteners, something else comes to mind. But, I’ll be polite and not bore you with a discussion of proposed patent rule changes and the grief it is causing the patent bar. I’ll leave that discussion to Securing Innovation (”Patent Office Professionals Oppose Bill“), the PLI Patent Blog (“Recap of GSK/Tafas v. USPTO SJ Hearing“) and the Patent Baristas (”Examination Support Document (ESD) Could Add $26,000 to Patent Costs“).

Super Bowl week…think blawgers would be talking about sports? Jaime Spencer ponders the morale boost to criminal defense attorneys given by the NY Giants’ upset of the Patriots. John Phillips talks about Employment Lessons Learned From Bobby Knight. Professor Randazza mocks the Patriots over their trademark application for “19-0.” Gene Quinn saw it too. Marty points out they’ve got three years to file that Statement of Use…maybe they were referring to NEXT year.

There were a number of other IP stories this week, for instance Ron Coleman tells an excellent story of credit cards, advertising ideas, and trademarks. Priceless. Matt Buchanan (another Ohio blogger) apparently has so much time on his hand that he has started a blog for rants (The Op/Ed Page) and a patent journal (he’s accepting submissions if any of you are interested). The Patently-O Blog ranks the presidential candidates based upon their interest level in IP matters in “Don’t forget to vote.” Russ Krajec talks about the best part of being a patent attorney…working with inventors. I completely agree…other than the few times a year where you get to work with crazy inventors (e.g., the one a couple years ago paused the interview long enough to channel a friend from another planet who told him I was telling him the truth). Mike Dillon thinks technology in-house counsel shouldn’t cave in to “patent trolls”…for the good of the industry. Easier said than done. And, just in case any of you want to take a photograph of this post, William Patry discusses the latest on whether a photograph of a copyrightable object is a derivative work.

Lawyers in the news? You betcha! How about a lawyer advertising services by sending junk faxes? Eugene Volokh discusses how the case could impact law bloggers (and suggests a better way of dealing with the problem). Simple Justice has its own take. Not to be outdone, the Drug and Device Law Blog discussed an e-mail (sent by a lawyer) accidentally sent to the wrong person (a reporter with the same last name) in “Department of Corrections.” Makes you want to go back and follow some old advice (2006) Jim Calloway previous gave us on beating Outlook’s AutoCorrect into submission.

Apparently, story telling was popular this week. We saw both “IP ADR Dictionary: “S” is for Story Telling” and Idealawg — storytelling in the practice of law. Story telling. Writer’s strike. Reality TV..in a weird combination of Wapner and Springer, May It Please The Court asked “BrideZilla and GroomKong or Legitimate Lawsuit.” Infamy or Praise talks about his love of the TV show Lost in Lost is Found, whereas a couple blogs (Volokh, Concurring Opinions, Volokh) took turns debating the classic play/movie “Twelve Angry Men.”

A few other posts that caught my eye: Health Blawg discussing Wal-Mart and health care reform, GAL discussing You Know You Work for a Great Firm When…, Slaw on Closed Networks & The Problem with Facebook (and lessons for lawyers).

Finally, apparently Blawg Review’s Ed (aka the Unknown Comic) has decided to show his face in public (again). There are even photos circulating on the Internet…no, not THOSE photos, but these.

Blawg Review has information about next week’s host, and instructions how to get your blawg posts reviewed in upcoming issues.

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The easy way to read law blogs…Blawg Review

Cue Willard Scott…someone’s 100!

Blawg Review…dood!

Patent Bar v. “Trademark Bar” « The Legal Satyricon

August 1, 2007 on 12:32 am | In Trademarks, USPTO | 3 Comments

Excellent thoughts (from a non-patent practitioner) regarding his frustrations with the patent bar vs “trademark bar” system we have: Patent Bar v. “Trademark Bar” « The Legal Satyricon. Although, his characterization of an average patent attorney being essentially a bumbling idiot when it comes to trademark law is a bit ridiculous and biased…

My thoughts:

When an individual holds herself out as “registered to practice before the United States Patent and Trademark Office.”

Does someone do that? I’ve never seen it. It is always “registered patent attorney.” It certainly isn’t a widespread practice.

Competency to file trademark applications comes not from being legally entitled to file the applications (any attorney), but from experience. The average patent attorney files considerably more applications (and thus has more experience) than the average business law attorney (filing 1-3 trademark applications a year) [note: I’m not talking about practitioners with a substantial trademark practice but about general corporate/business law types who perform any “business” function a client will pay for]. If neither (the average patent attorney or the average business law attorney) are competent…neither should be filing the applications.

I say, bring on a trademark bar exam!

Other, reasonable minds may disagree…

On a side note, the “patent” attorney (myself) who filed my trademark application for me gave me some good news…THE INVENT BLOG® registered yesterday.

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Trademark.com

Trademark FAQ

Moving in on the Fair and Balanced Most Trusted Name in News

Idaho IP Lawsuits

August 14, 2006 on 10:21 pm | In Copyrights, Lawsuits, Trademarks | Comments Off

One of the excellent services we offer over that Rethink(IP) is called RSS Mojo…a blend of pay and free listings of recently filed patent, trademark and copyright lawsuits.

In example…here is a listing of the IP cases filed in Idaho (Federal) in the past few weeks:

Coldwater Creek Inc et al Vs. Online Reward Center et al
2:2006cv00307

Electronic Controls Company v. Wolo Manufacturing Corp
1:2006cv00315

Keynetics Inc. et al v. R U On the Net Inc. d/b/a Keynetlinks
1:2006cv00312

Interestingly, all three were trademark cases.

RSS Mojo is a great resource for keeping your clients updated regarding lawsuits against them and/or between competitors.

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Got IP Lawsuit Mojo?

The RIAA vs. John Doe, a layperson’s guide to filesharing lawsuits - The Digital Music Weblog

Other blogs I’m involved with..

Practice Tip: Foreign Corporate Entities

August 10, 2006 on 10:13 am | In International, Trademarks | Comments Off

For those of us who do considerable work (patents, trademarks) for foreign intellectual property law firms, Wikipedia has a great listing of “Types of companies.”

A great tool to use when you need to satisfy an “entity type” rejection for, in example, explaining whether an Australian LTD is a “company” or a “corporation.”

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Trademark FAQ

What Foreign Countries Should I File My Patent Application In?

TIBBIT #2 — Trademark searching

Trademark Tips for Your Weblog Name????

July 31, 2006 on 10:08 am | In Trademarks | Comments Off

The Anon Lawyer Jeremy Blachman…who now is a famous writer, has a new blog (interestingly called Jeremy Blachman’s Brand New Weblog)…and he is hosting this week’s Blawg Review.

My recent Vitamin article: Trademark Tips for Your Web Application is linked to in it (Blawg Review #68). I’ll have to give Jeremy a hard time for naming his brand new weblog “Brand New Weblog” in view of my Vitamin article. ;o)

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