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)
Those bowtie-shaped “motorized self-balancing two-wheeled scooters” you see in the windows of strip-mall cellphone repair shops and in mall-kiosks roared out of nowhere and are now everywhere, despite being so new that we don’t even know what they’re called.
BMG Rights Management and Round Hill Music. has been trying to enlist Cox Cable as an accomplice in a copyright trolling scheme, demanding that the company pass on copyright infringement notices that accuse users of downloading music and order them to pay large sums of music or face punishing lawsuits.
In 2014, Britain strode boldly into the late 20th century, finally legalising “private copying” — ripping CDs, taping LPs, recording TV shows, backing up your ebooks and games — but now it’s thought better of the move.
Celebrate Cyber Monday with some brain food. Save on any eLearning deal in the Boing Boing Store today using coupon code: CYBERMONDAY25. Below are a couple of our favorite eLearning offers: eduCBA Tech Training Bundle: Lifetime Subscription:Welcome to your personal online classroom, where you can finally study at your own pace, on your own time (and […]
This minimalist multi-tool will see to it that instead of rocking a tool belt, you’ll carry just one. It’s shaped slightly like a key and weighs less than an ounce, so it plays nice with your keychain. The strong surgical-grade stainless steel blade will last, and is handy for everyday tasks like opening boxes and […]
The Code Black is our top-selling drone of all time—and for good reason. This powerful, palm-size drone is not only insanely fun to fly, but can capture some serious video footage from up above. With a flight time of about 10 minutes and an ultra-smooth ride, it’s a great introductory drone for anyone looking to […]