Sunday, February 20, 2011

"Urban Homesteading" trademark -- legit mark or trademark bullying?

TechDirt ran a piece this week about alleged "trademark bullying" by a family who registered "urban homesteading" as a federal trademark.

The story raises an interesting question -- how should the USPTO handle phrases that are in common usage, even if they aren't registered?  I once attended a talk by a trademark examining attorney, and she described the process that they used to allow or reject trademark applications.  I remember that she was very emphatic about the scope of their examination, that they only compared the application to their trademark registers and not to state trademark registers or common law trademark sources such as directories and product catalogs.

Anyhow, the point of that digression is to speculate that perhaps the dispute here -- that "urban homesteading" is indeed a common term and should not be allowed as a trademark -- is probably a prelude to a court case that will eventually make the final determination.  Just speculating; it will be interesting to see what happens.

Monday, February 7, 2011

Calendar year patent statistics are now available

The USPTO's Patent Technology Monitoring Team has posted calendar year statistics up through 2009.  These reports offer a glimpse into the USPTO's activities and, by extension, to technological advancements and the economy in general.  Have a look!

Sunday, February 6, 2011

"...support from local clowns." The balloon animal lawsuit saga continues

I posted a link a week ago about popular artist Jeff Koons' threat to sue a local shop for selling bookends that look like balloon animals.

The Chronicle dug a little deeper and talked to the shop owner.  It's an interesting story.  Apparently the clown community in San Francisco is rallying around this guy.

Saturday, February 5, 2011

The future of the PTDLP -- have your say in a teleconference with USPTO Director Kappos

Attention inventors, small business owners, large business owners, technology enthusiasts, and library users of all stripes:

USPTO Director David Kappos wants your input about how you currently use the Patent and Trademark Depository Library network and what direction you would like to see the PTDL take in the future.

The Director's Roundtable will take place on February 15 at 10:30am (PST).  And don't worry, you don't have to leave this wonderful spring-like weather to attend; a webcast of the event will be available at this address:
https://uspto.connectsolutions.com/ptdlp021511/.

Look for full details in the February 8 Federal Register, and start thinking about what you'd like to get out of the PTDL program in the future!