Tuesday, March 28, 2017

Supreme Court could outrun Federal Circuit on patent trolls' forum shopping


Robert Barnes of the Washington Post is reporting on the Supreme Court’s consideration of the practice of forum shopping by patent trolls, as in this story March 27

Many cases wind up a federal court in Marshall, Texas (east of Dallas), or in Delaware, both jurisdictions favorable to plaintiffs, because of Federal Circuit rules that allow filing of suits against plaintiffs that have any business at all in any circuit, which Congress may not have intended.

 Defendants claim that they must be filed in an area where there is a preponderance of business.
 

 
I’m not aware that this affects trademark or domain names.  If it did, since any resident of Marshall could access any domain online, it could matter.


I recently saw a woman on the DC Metro carrying a bag that had lettering to the effect of "Federal Circuit Court of Appeals of the District of Columbia" over near Judiciary Square.

Thursday, March 16, 2017

At ICANN, commercial lobbies are getting more aggressive in preventing accidental amateur use of domain names resembling their marks.


Jeremy Malcolm of Electronic Frontier Foundation has an important story on the aggressive behavior of the “commercial lobby”, so-to-speak, about influencing ICANN not to allow registration of domain names remotely resembling established brands, even when based on common words (even “The”), and even when other lines of business.  The article also notes the lack of any way to check for international trademarks online (unlike the case in the U.S., where USPTO seems to be reasonably up to date).

It does seem legitimate to me to want to stop misspellings of company names from being registered, as this is how malware is often propagated. 

Wednesday, March 01, 2017

Try patenting "out of office email" in a small living space -- like on a space station


On Electronic Frontier Foundation, Daniel Nazer writes about a “stupid patent of the month”: IBM patents out-of-office email (link).

The really does sound abstract.
 
Imagine the idea being used on a space colony.  If you go out of the office, you can’t physically be very far away.