The Village Voice received an improbable trademark over the use of "BEST OF" in connection with lists of the best things on offer in various cities, and now they're suing Yelp for creating their own "Best of" lists. This ridiculous suit is only possible because of the US Patent and Trademark Office's bungling, terrible methods, as the Electronic Frontier Foundation's Corynne McSherry writes, and will only be resolved when the USPTO cleans up its act:
What is going on at the Patent and Trademark Office? For decades, folks have been complaining (with good reason) that the patent examiners need to do a better job of screening out bogus patent applications. It’s clear that the problem extends to the trademark side as well. The PTO has allowed companies and individuals to register marks in any number of obviously generic and/or descriptive terms, such as “urban homestead” (to refer to urban farms), “gaymer” (to refer to gay gamers), and “B-24” (to refer to model B-24 bombers).
Once a mark is registered, it is all too easy for the owner to become a trademark bully. And while companies like Yelp have the resources to fight back (as we expect it will), small companies and individuals may not. Just as dangerous, the trademark owner may go upstream, to intermediaries like Facebook who have little incentive to do anything other than take down an account or site that’s accused of infringement.
"Good enough for government work" isn't good enough for free speech. It’s time the PTO did its part to stop trademark bullies and tightened up the trademark application process. Fewer bogus registrations means fewer bogus threats, and more online creativity and competition. That's a win for everyone.
Stupid Lawyer Tricks (And How the PTO Could Help Stop Them)
Securelist’s report on the security vulnerabilities in Android-based “connected cars” describes how custom Android apps could be used to find out where the car is, follow it around, unlock its doors, start its engine, and drive it away.
Motherboard says a source told them that “an Apple representative, staffer, or lobbyist will testify” against the state’s Right to Repair bill, which requires companies to make it easy for their customers to choose from a variety of repair options, from official channels to third parties to DIY.
Jessica Leigh Clark-Bojin (aka @ThePieous) (previously) writes, “Happy Valentines Day! If your readers are looking for a last-minute gift idea for their significant others, they may want to check out my new pie tutorial. It’s a Queen of Hearts cherry pie baked in a heart shaped cake pan.”
Python is immensely popular in the data science world for the same reason it is in most other areas of computing—it has highly readable syntax and is suitable for anything from short scripts to massive web services. One of its most exciting, newest applications, however, is in machine learning. You can dive into this booming […]
Learning new skills is a great way to improve your resume and stand out from other candidates. Especially in a workforce in which many job-seekers have a wide variety of qualifications. With lifetime access to Virtual Training Company, you won’t have to choose a specific focus. You can pick up new expertise whenever you deem it […]
Instead of throwing out all the empties after your next party, why not transform them into some new DIY glassware? Cut back on waste and add some home ambiance with the Kinkajou Bottle Cutter and Candle Making Kit.The Kinkajou is designed as a clamp-on scoring blade to make precise cuts. Just slide a bottle in, tighten […]