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)
Timothy writes, “Diego Gómez is a Colombian conservation biologist. When he was a college student, he shared a single research paper online so that others could read and learn from it, just as he did. Diego was criminally prosecuted for copyright infringement, and faced up to 8 years in prison.”
The good people at Fight for the Future established OPERATION COMCASTROTURF to help you figure out if your stolen identity was used to file fake anti-net-neutrality comments with the FCC, but Comcast wants them shut down, and it’s prepared to commit barratry to get its way.
Every Ozimal digirabbit in the venerable virtual world Second Life will starve to death (well, permanent hibernation) this week because a legal threat has shut down their food-server, and the virtual pets are designed so that they can only eat DRM-locked food, so the official food server’s shutdown has doomed them all.
Boasting an IPX6 waterproof rating, the Trakk Bullet Ultra Compact Waterproof Bluetooth Speaker resists dust and heavy rainfall. It’s currently available in the Boing Boing Store.The Trakk Bullet offers the same wireless convenience as other portable speakers, but few are built as tough as this one. Its utilitarian construction is designed to be a totally low-maintenance […]
The Ticwatch 2 Active Smartwatch is a simpler take on an active wearable that raised over $2m dollars on Kickstarter and is currently offered in the Boing Boing Store.Somewhere in between the single-day battery life and platform-specificity of the Apple Watch and Android Wear devices, there exists the Ticwatch. Instead of trying to shoehorn another […]
Loot Crate is a subscription service that delivers a box of curated pop culture goods to your doorstep. To sample their geeky wares, you can order a single mystery box exclusively from the Boing Boing Store.Each month Loot Crate sends you 6-7 unique items and apparel, including collectibles, books, and t-shirts. Pulling inspiration from all […]