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)
Five years ago, we won an unprecedented victory: spurred on by blackouts of more than 50,000 sites, more than 8 million Americans called Congress to object to the Stop Online Piracy Act (SOPA), a brutal internet censorship bill that would have been a stake through the heart of the open net. SOPA, which had been […]
Sean Bonner’s posted his share of viral images over the years, but the most recent time was a little different: he tweeted a picture of an anti-Trump political sticker he spotted in Tokyo, created by street artist 281_Anti nuke.
Vince Weaver is reimplementing Portal — “the cake acquisition simulator released in 2007” — to the Apple II series of computers, bit by bit — inspired by the fact that the Apple II hires mode has “the perfect Aperture Science orange and blue colors.” He’s released a disc image of the game in Apple Basic, […]
With countless applications for modern life, artificial intelligence (AI) is one of the most in-demand fields of study in tech. Beyond modelling human decision making processes and learning abilities, AI can be used to analyze massive volumes of data and create complex interactive systems.This Machine Learning & AI for Business Bundle made mastering these concepts possible for […]
Computer hacking isn’t just something happening to the DNC. Major software companies need white-hat hackers to ensure the security of their products and users, and I came across a Computer Hacker Professional Certification Package that conveniently teaches those advanced IT techniques online.This course package will prepare you for various computer security certification exams with over 60 hours […]
One of the best ways to progress a career in project management is through earning recognized certifications. These certifications carry significant clout and don’t require expensive tuition or student loans. This Ultimate Project Management Certification Bundle is a great example of an affordable way to get ahead. It includes training for 9 certifications including PMP, […]