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)
The Electronic Frontier Foundation has just filed a lawsuit that challenges the Constitutionality of Section 1201 of the DMCA, the “Digital Rights Management” provision of the law, a notoriously overbroad law that bans activities that bypass or weaken copyright access-control systems, including reconfiguring software-enabled devices (making sure your IoT light-socket will accept third-party lightbulbs; tapping […]
In spring, 2015, American farmers started to spread the word that John Deere claimed that a notorious copyright law gave the company exclusive dominion over repairs to Deere farm-equipment, making it a felony (punishable by 5 years in prison and a $500K fine for a first offense) to fix your own tractor.
The Bookworm Rug (100% woven polyester) come in 2′ x 3′ ($28), 3′ x 5′ ($58) and 4′ x 6′ ($79), and feature a selection of spines from some rather good books, including Iain Banks’s debut “The Wasp Factory” some Virginia Woolf, Charles Bukowksi and Haruki Murakami. (via Bookshelf)
Learning is a 24/7/365 proposition, and it never ends. And if you’re truly serious about leveling up your skill sets and career prospects, get a subscription to Stone River Academy’s massive course collection. This offer normally is worth over $1,400, but is now available for just $89 in the Boing Boing Store.A respected name in information technology […]
Home audio has taken some big leaps forward in recent years–not just in terms of sound quality, but also in the style department. The FRESHeBAR Leather Soundbar, now 56% off in the Boing Boing Store, is proof.The FRESHeBAR comes packing almost all the options you’d ever need for a home sound system, including Bluetooth streaming capabilities.The unit’s 90 […]
Much of what goes into creating an amazing photo happens in the digital darkroom. Here’s your chance to master all things photo editing: the Ultimate Adobe Photo Editing Bundle, now available in the Boing Boing Store for just $29.99.Across 8 courses and over 41 hours of intensive instruction, you’ll learn the fundamentals of Adobe’s suite of photo […]