Category Archives: Work and No Play

New Free Online Tool Available to Detect Copyright Infringement

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If you use photos or graphics on your website, you should be interested in policing the unauthorized use of your works by your competitors. It is not uncommon for unscrupulous vendors to pilfer and use the photos and artwork of others to sell their own goods.  A free and simple to use online tool is now available to catch such copyright infringements.

As reported by CorpCounsel.com, photographer Jason Wilder has created the Copyright Infringement Finder (CIF), a free add-on for the Firefox browser. The CIF add-on uses Google’s image-searching technology and allows owners of images to right-click on an image in the Firefox browser window to find other sites that are using that same image. As long as you know what sites should be using your images, you can quickly scan the CIF results for potential infringement.

Wilder first released the tool in the summer of 2011, and it has now been downloaded nearly 2,000 times. According to Wilder, many users have contacted him to express their gratitude. As he explains:

“A lot of people are misled and go by, ‘If it’s on the Internet it’s fair game to use for whatever,’ and sadly it will be like that for a long time. But the more photographers go after copyright theft and seek for damages, the more people and corporations get educated from the mistakes they made when they have to pay out thousands instead of, say, paying a $50 fee for a one-time use.”

The CIF add-on is available free for Firefox.

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

USPTO and Korean Intellectual Property Office Announce New Pilot

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The U.S Patent and Trademark Office (USPTO) and the Korean Intellectual Property Office (KIPO) recently announced the launch of a new patent pilot.

KIPO will classify some of its patent documents using the Cooperative Patent Classification system (CPC). It is the first foreign patent office to engage with the USPTO and EPO in this new system.

The CPC is a new classification system jointly managed by the USPTO and the European Patent Office (EPO). It includes approximately 250,000 classification symbols based on the International Patent Classification (IPC) system, and will allow examiners and patent users worldwide to conduct searches by accessing the same classified patent document collections. The goal is to enable more efficient prior art searches and enhance efficiency through work-sharing initiatives designed to reduce unnecessary duplication of work.

CPC definitions containing a thorough description of the technical subject matter covered will be provided for every CPC subclass and regularly updated. Downloadable CPC schemes, CPC definitions and concordances (e.g. ECLA to CPC and CPC to IPC) are now available on the official CPC website.

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

BMI Takes Gossip Website to Task Over Music Copyright Story

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Broadcast Music, Inc. (BMI) has asked celebrity gossip website TMZ.com to issue a retraction after it published a story about the music licensing company’s efforts to file copyright infringement lawsuits against twelve bars and restaurants located across the country.

The story, entitled “BMI Music Company Suit – Triggers 19 Nervous Breakdowns,” stated:

Here’s the deal.  BMI — the famous music licensing company — has filed lawsuits against 12 bars and restaurants around the country, claiming the establishments have been playing their songs without paying a licensing fee.  And it gets a lot worse.  For every BMI song that gets played on a bar jukebox or by a DJ without the proper fee being paid, BMI is entitled to $150,000 in damages.  So “Love Child” could literally put a bar out of biz.

BMI has now fired back, claiming that the TMZ story “misrepresents” its values and mission while including a “number of inaccuracies.”  As a BMI spokesperson explained to Billboard Magazine, “BMI did not request $150,000 for an infringed work in any of these cases. The $150,000 penalty referred to by TMZ is actually the maximum statutory amount that the copyright owner can recover per infringement as permitted within the U.S. Copyright Act.”

This is an accurate assessment. In reality, most copyright infringement lawsuits brought by BMI or its competitor ASCAP result in a settlement that is much closer to the cost of licensing the music.

BMI also argues that the article “misrepresents what BMI stands for along with the collaboration between performers and songwriters.” As it further notes, “Not all performers are songwriters and many songwriters that BMI represents make their living from their BMI royalties.”

This is also true given how the copyright system protects music and the many different rights holders that may be involved. For instance, the composer or songwriter holds a copyright to the musical composition, which includes the exclusive right to perform or play a song in public. When the song is converted into a sound recording, another set of rights is created on behalf of the performer. BMI’s role is to license the music on behalf of the copyright holders it represents.

The system is complicated, but BMI is well within its rights. Given the steady stream of revenue that music licensing provides, the company is motivated to aggressively police businesses playing copyrighted music without permission.

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Will President Obama Intervene in ITC Ruling Against Apple?

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The latest battle in the cross-border patent infringement war between Samsung Electronics Co. and Apple, Inc. goes to Samsung. However, President Barak Obama could intervene and save Apple from a potential product ban.

The President’s opinion is relevant because the latest patent infringement decision comes from the U.S. International Trade Commission (ITC). It found that several older Apple devices, including the AT&T models of the iPhone 4, iPhone 3GS, iPhone 3, iPad 3G, and iPad 2 3G, infringe a mobile technology patent held by Samsung.

As part of its decision, the ITC issued a limited exclusion order prohibiting Apple from importing infringing devices. It also issued a cease and desist order banning the sale and distribution of the infringing products within the United States. While the ruling does not impact Apple’s newer smartphones and tablets, many of the banned devices, including the iPhone 4, are still top sellers.

The ITC determination is final, and the investigation is now terminated. However, Apple does have two distinct remedies. The first avenue is more traditional. Apple can appeal the ITC final determination to the United States Court of Appeals for the Federal Circuit.

The second is unique to ITC actions. Under 19 U.S.C. 1337(j), the ITC must transmit a copy of its determination and the record on which it is based to the President. The President then has 60 days to review the ruling and decide whether to overturn it for policy reasons. If he disapproves of the ruling and notifies the ITC of his disapproval, it “shall have no force or effect.”

At this point, it is unclear if President Obama is willing to intervene. However, given the Administration’s recent criticism of patent trolls and the so-called “Smartphone Wars,” any position that he does take is likely to be closely scrutinized.

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Samsung Facing Patent Infringement Suit From Taiwan University

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Samsung Electronics Co.’s latest smartphone, the Galaxy S4, offers an innovative feature — users can erase people from photos taken with the device. A commercial for the phone shows a mother fixing a photo of her son receiving his diploma after another graduate jumps in the frame.  While the technology is a strong selling point, Samsung may have to fight to keep it.

The company is facing a patent infringement lawsuit from National Cheng Kung University. The school, based in Taiwan, alleges that the devices infringe its patent for “Image-Capturing Device and Method For Removing Strangers From An Image.” The U.S. Patent and Trademark Office issued the patent in 2008.

National Cheng Kung University filed the patent lawsuit in Texas Eastern District Court. It seeks a permanent injunction to stop Samsung from infringing on the patent, as well as unspecified monetary damages.

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Both parties have been active participants in the so-called “Smartphone Wars.” National Cheng Kung University has filed several lawsuits against Apple Inc. in the same Texas court. In a suit filed last year, the school alleged that Apple’s “voice activated assistant capabilities otherwise known as Siri” infringed upon patents held by a university research team. Last month, it filed another infringement suit involving Apple’s Face Time product.

Samsung, of course, is also no stranger to patent litigation with Apple. The two companies have been battling across the globe for the past several years, with each claiming a measure of success. Samsung recently won a victory before the U.S. International Trade Commission, which ruled that several older Apple devices infringe Samsung patents. 

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

White House Announces Task Force on High-Tech Patent Issues

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All of the recent talk about patent trolls has not escaped the attention of the Obama Administration. The White House recently announced a task force on high-tech patent issues.

The plan includes both legislative and executive action “designed to protect innovators from frivolous litigation and ensure the highest-quality patents in our system,” according to a White House statement.  It cites both patent assertion entities (often referred to as patent trolls) and the so-called “Smartphone Patent Wars” as particular issues of concern.

The legislative actions to address high-tech patent issues, some of which have already been proposed in Congress, include:

•    Require patentees and applicants to disclose the “Real Party-in-Interest,” by requiring that any party sending demand letters, filing an infringement suit or seeking PTO review of a patent to file updated ownership information, and enabling the PTO or district courts to impose sanctions for non-compliance.
•    Permit more discretion in awarding fees to prevailing parties in patent cases, providing district courts with more discretion to award attorney’s fees under 35 USC 285 as a sanction for abusive court filings.
•    Expand the PTO’s transitional program for covered business method patents to include a broader category of computer-enabled patents and permit a wider range of challengers to petition for review of issued patents before the Patent Trial and Appeals Board (PTAB).
•    Protect off-the-shelf use by consumers and businesses by providing them with better legal protection against liability for a product being used off-the-shelf and solely for its intended use.  Also, stay judicial proceedings against such consumers when an infringement suit has also been brought against a vendor, retailer, or manufacturer.
•    Change the ITC standard for obtaining an injunction to better align it with the traditional four-factor test in eBay Inc. v. MercExchange, to enhance consistency in the standards applied at the ITC and district courts.
•    Use demand letter transparency to help curb abusive suits, incentivizing public filing of demand letters in a way that makes them accessible and searchable to the public.
•    Ensure the ITC has adequate flexibility in hiring qualified Administrative Law Judges.

President Obama also announced five executive actions that his administration will take. They include:

•    Making “Real Party-in-Interest” the New Default.  The USPTO will begin a rulemaking process to require patent applicants and owners to regularly update ownership information when they are involved in proceedings before the USPTO, specifically designating the “ultimate parent entity” in control of the patent or application.
•    Tightening Functional Claiming.  The USPTO will provide new targeted training to its examiners on scrutiny of functional claims and will, over the next six months develop strategies to improve claim clarity, such as by use of glossaries in patent specifications to assist examiners in the software field.
•    Empowering Downstream Users.  The USPTO will publish new education and outreach materials, including an accessible, plain-English web site offering answers to common questions by downstream users facing demands from a possible patent troll.
•    Expanding Dedicated Outreach and Study.  The government will expand outreach efforts, including six months of high-profile events across the country to develop new ideas and consensus around updates to patent policies and laws.  This includes the USPTO Edison Scholars Program, which will bring distinguished academic experts to the USPTO to develop — and make available to the public — more robust data and research on the issues bearing on abusive litigation.
•    Strengthen Enforcement Process of Exclusion Orders. U.S. Intellectual Property Enforcement Coordinator will launch an interagency review of existing procedures that Customs and Border Protection and the ITC use to evaluate the scope of exclusion orders and work to ensure the process and standards utilized during exclusion order enforcement activities are transparent, effective, and efficient.

So far, the patent industry has reacted positively to the White House announcement. Of course, as with any changes to the patent system, the devil will be in the details.

I will continue to monitor both legislative and executive development and provide updates as they become available.

How Can I Help?

If you have any questions about how the proposals may impact you or your company, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Computer Scientists Speak Out Against Copyrighting of Java APIs

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The ongoing copyright battle between Google and Oracle does not just impact the two computer giants. As the case heads before the Federal U.S. Circuit of Appeals, 32 computer scientists and software developers have weighed in on whether copyright law should protect application-programming interfaces (APIs).

Oracle recently appealed last year’s decision that Google did not commit copyright infringement when it copied Oracle’s software code to build the Android mobile operating system. U.S. District Judge William Alsup concluded that the software code was not protected under copyright law as a matter of law, finding that the APIs were a functional part of the Java platform and should be available to others using it.

In the brief filed by the Electronic Frontier Foundation, a number of well-known computer scientists, including MS-DOS author Tim Paterson and ARPANET developer Larry Roberts, argue that Alsup got it right.

“The freedom to reimplement and extend existing APIs has been the key to competition and progress in the computer field—both hardware and software,” the brief states.
”Should the court reverse Judge Alsup’s well-reasoned opinion, it will hand Oracle and others the ability to monopolize any and all uses of systems that share their APIs. API creators would have veto power over any developer who wants to create a compatible program,” the brief further argues.

Given the potential implications on software copyrights, I will continue to monitor the case and provide updates as they become available.

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Warner Bros.’s Dark Night Rises Above Trademark Dispute

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Warner Bros. Entertainment Inc. recently won a trademark infringement lawsuit overs its use of a software company’s product name in its film The Dark Knight Rises.  The case considered a relatively novel question: “Is it trademark infringement if a fictional company or product in a movie or television drama bears the same name or brand as a real company or product?” In this case, the district court said no.

Warner Bros. latest Batman film includes a handful of references to a fictional software program called “clean slate.” The plaintiff, Fortres Grand Corporation, manufactures and sells a real software program called “Clean Slate.” Fortres filed suit, alleging trademark infringement, federal unfair competition, and state unfair competition. It specifically argued that Warner Bros.’s use of the term “clean slate” constituted reverse trademark infringement, in which a junior user uses its size and market penetration to overwhelm the senior, but smaller, user.

As detailed in the opinion, “In order to state a claim for reverse confusion in this case, Fortres Grand has to make plausible allegations that Warner Bros. saturated the market with a product that the public has been ‘deceived into believing . . . emanates from, is connected to, or is sponsored by’ Fortres Grand.”
In this case, the court found that Fortres was unable to satisfy that burden. “There’s an obvious problem with Fortres Grand’s argument that this is a worst-case scenario of reverse confusion: Warner Bros. ‘clean slate’ software only exists in the fictional world of Gotham; it does not exist in reality,” the court noted.

“That distinction — between Warner Bros. real product (a movie) and its fictional product (software) — makes a world of difference because so much of the consumer confusion analysis depends on a comparison of the products at issue. In analyzing the potential for consumer confusion in this case, one must compare Fortres Grand’s “Clean Slate” software to Warner Bros.’ real product — The Dark Knight Rises,” the court further explained.

Under this analysis, the court found that there was no trademark infringement and dismissed the suit.

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

GDP Going Gaga: Recalculation to Capture Input From Entertainment Industry

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The U.S. federal government is changing how it calculates the company’s gross domestic product or GDP. For the first time, the Bureau of Economic Analysis will include expenditures for “R&D and for entertainment, literary and artistic originals as fixed investment.” The new expenditures will be added to the list of intellectual-property investments.

As explained in a recent Wall Street Journal article, including the money Lady Gaga spent writing and recording an album in the GDP represents a significant change. The same goes for adding the time and money it takes to develop the latest smart phone device.

It not only reveals that the U.S. economy is approximately 3 percent larger, but it also “reflects the economy’s quiet transformation from one based principally on industry to one decidedly based on knowledge and information.” The new GDP measure further solidifies the role of innovation and intellectual property (IP) in driving the economy.

As previously discussed here, the U.S. Patent and Trademark Office estimates that IP-intensive industries directly accounted for 27.1 million American jobs, or 18.8 percent of all employment in the economy, in 2010. The industries also accounted for about $5.06 trillion in value added, or 34.8 percent of U.S. gross domestic product (GDP), in 2010.

It makes sense that the Bureau of Economic Analysis would want to fully capture the contributions of IP.

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Patent Legislation Mounting in Congress.

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Patent activity continues in Congress, with the introduction of several additional bills. One of the more promising is the End Anonymous Patents Act of 2013.
H.R. 2024, introduced by Rep. Ted Deutch (D-FL), would require any sales or transfers of patents to be disclosed to the U.S. Patent and Trade Office, along with a notice of the real party in interest filing by the purchasing entity. New patents would have to satisfy the disclosure obligation at the time of grant, while existing patents would be subject to the requirements at the next scheduled maintenance fee payment.

“The process of uncovering the ultimate owner of a patent can be truly burdensome,” said Congressman Ted Deutch. “During my career in real estate law, I would have found it appalling if the title for property was obscured from the public instead being of up-to-date and easily searchable.”
The bill has already garnered the support of many diverse interests. Microsoft stated, “We think legislation to require transparency around patent ownership will help improve the operation of the patent system, facilitate licensing and thus reduce litigation.” The Software Alliance and the Consumer Electronics Association also applauded the bill.

Non-practicing entity, IPNav, has also come out in support of the legislation. In a recent blog post, the company stated, “If you run or want to start a business and find a great patent that covers technology that could help your product, it shouldn’t be a problem to find the owner so you can ask for a license.  Or perhaps somewhat more urgently, if you make a product and discover that your product is infringing an existing patent it should not be a challenge to find the owner so you can offer to take out a license on the patent.”

How Can I Help?

For information about how the End Anonymous Patents Act and other current patent trademark legislation may impact you or your company, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman