Wednesday, August 20, 2014

My own domain names -- quick update

As I indicated on my main blog Tuesday, I am interested in working with other news sites or organizations to help them with specific issues.

I have previously (on March 20) discussed the name “Do Ask, Do Tell” used in my series of books (three of them). I haven’t yet taken any action on the trademark issue.  Normally, a trademark applies to commercial activity.
A book series title can be trademarked.  A website name might be if its commercial purpose is obvious enough (example, Amazon).  Use of a common phrase would probably be considered negatively in a trademark process.  Phrases similar to mine would include “Keeping them honest” (which Anderson Cooper uses), and “connecting the dots” (which the US intelligence community uses in public a lot).  

The phrase could be attractive to a news group.  I have every intention of using it myself indefinitely even though it doesn’t make a lot of money (the mere presence of ads on a site or blogs supporting a sit means that technically it is in commerce).  I still think it would make a great name for a film production and/or distribution company, for “out of the box” experimental and documentary film.  I would love to get involved in that.   

Update Nov. 16, 2014

I've found a copy of the old abandoned trademark application by Robert J. Powers in the 1990s, link here.  

Tuesday, August 19, 2014

Podcaster troll settles out of court, probably collects nothing but defendant still has to pay his own fees

Electronic Frontier Foundation has a story today by Daniel Nazer, “The Good, the Bad, and the Ugly of Adam Corolla’s Settlement with the Podcasting Troll”, link here
The settlement is “confidential” but it seems almost certain that Corolla will not pay Personal Auto a penny, but will not be able to recover his own legal fees.  

That’s why we need a “loser pays” bill, and some kind of mechanism to order defendants fees paid for patent suits levied in bad faith.

Monday, August 11, 2014

Hatch will re-introduce a patent litigation reform act with "fee shifting" in 2015

Senator Orrin Hatch (R-UT) says that he will reintroduce patent litigation reform legislation next year, and will insist that any bill include "fee shifting", to apply in cases where the lawsuit should not have been brought, similar to "loser pays".  A Southeast Texas newspaper has a story by Jessica M. Karmasek, link here.

Hatch had introduced the Patent Litigation Integrity Act in 2013.