Aubry and Kale Walch run a vegan specialty food shop, called The Herbivorous Butcher in Northeast Minneapolis. In 2017 they applied to trademark the term "Vegan Butcher" with the U.S. Patent and Trademark Office. Their application was denied, reports Business Journal. The USPTO told the Walches that the term was ineligible for a trademark because it was “merely descriptive.” But when Nestlé  later applied to trademark the same term, the USPTO granted it to them.

The Walches are challenging the decision. According to Business Journal, they "say they're trying to either get to keep using the phrase or to keep it in the public domain so that any business can use it. The case is entering the discovery phase and will go before an administrative panel next."

Image: The Herbivorous Butcher website Read the rest

Shadow-banning is a process that dates back to at least the 1980s, with Citadel BBS's "twit bit," which would allow users to post replies to forums that they could see, but no one else could see. Read the rest

Olivia Jade Giannulli is the millionaire heiress of actor Lori Laughlin and fashion designer Mossimo Giannulli, who are accused of paying a $500,000 bribe to the University of Southern California to secure her admission; Jade's university career was bound up with her other career as an "Instagram influencer," with sponsor deals for the decor in her dorm room and other collegiate trappings. Read the rest

When legendary grifter Elizabeth Holmes was 19 years old, she conceived of a medical device that could perform extensive diagnostics in an eyeblink from only a single drop of blood; she had no idea how such a device would work or whether it was even possible, but that didn't stop her from drawing up a patent application for her "invention" and repeatedly submitting to the patent office until, eventually, she was awarded a patent for what amounted to a piece of uninspiring design fiction. Read the rest

For more than a decade, Shipping and Transit LLC (AKA Arrivalstar) has been aggressively pursuing dubious patent claims against public transit companies, shippers, and other businesses whose practices overlapped with Arrivalstar's absurd, obvious patents on using GPSes to figure out where stuff was. Read the rest

Update: The USPTO has withdrawn this from publication for "further review."

Michael-Scott Earle, a self-publisher of "pulp harem fantasies" is seeking a trademark on the use of "Dragon Slayer" in connection with fantasy novels. Read the rest

In their National Bureau of Economic Research working paper From Revolving Doors to Regulatory Capture? Evidence from Patent Examiners (Sci-Hub Mirror), Business School profs Haris Tabakovic (Harvard) and Thomas Wollmann (Chicago) show that patent examiners are more likely to grant patents for companies that they subequently go to work for; they also go easier on patents applied for by companies associated with their alma maters (where they have more connections and will find it easier to get a job after their turn in government service). Read the rest

Twenty years ago, the US Patent and Trademark Office granted patent number 6,368,268: "Method and device for interactive virtual control of sexual aids using digital computer networks," a minor classic of a majorly fucked-up genre, the bullshit tech patent that simply adds "with a computer" to some absolutely obvious and existing technology or technique. Read the rest

It's been a year since the Asian-American band The slants won their court case against the US Patent and Trademark office, which had refused to allow them to trademark their band-name because it was a racial slur. Read the rest

Five years ago, a patent troll called "Personal Audio" started demanding money from podcasters, claiming that their patent on mailing cassette tapes of people reading magazines (a ridiculous patent on its face) also covered podcasting. Read the rest

On January 17, 2017 -- yes, 2017 -- the USPTO granted Patent 9,547,842 to IBM: "Out-of-office electronic mail messaging system." Read the rest

The USPTO granted a notorious patent troll a patent on allowing customers to change quantities after they place their initial order. Read the rest

The USPTO awarded Patent 8,609,158 last December for a mix of "evening primrose oil, rice, sesame seeds, green beans, coffee, meat, cheese, milk, green tea extract, evening primrose seeds, and wine" that "rebukes cancer, cancer cells, and kills cancer" -- the accompanying extract states, "it works." Sounds legit. Read the rest

The annals of stupid, sloppy patents have a new world-beating entry: Amazon has received a patent on taking pictures of stuff on a white background. The patent's particulars specify a well-known lighting arrangement that minimizes shadows and post-production cleanup. As DIY Photography points out, there's a huge corpus of prior art on this that Amazon didn't disclose in its filing, and the USPTo appeared to have done no due diligence before giving the company a 20-year monopoly on a common studio technique. Read the rest

The Electronic Frontier Foundation, Public Knowledge and Engine have submitted comments [PDF] to the US Patent and Trademark Office explaining how examiners could improve the quality of patents that the USPTO issues by expanding their search for "prior art" (that is, evidence that the thing under discussion has already been invented) by building searchable databases, and by seeing through the common, misleading practices of using synonyms for common words to make obvious things sound new.

As EFF points out in its post on the filing, the real answer for this is action from Congress to reform patents and end patent-trolling, but these are all useful steps for the USPTO to take in the meantime. Read the rest

Two more high-profile patent cases are headed to the US Supreme Court, which has already agreed to hear a patent case this year. The patent system is in chaos, with ever-more-trivial patents being granted, and ever-broader theories of patent infringement being created by the Federal Circuit, the court that oversees the patent system.

A Supreme Court ruling that restored some sanity to patents would be very welcome indeed -- but if they went the other way, it would be dreadful. The only solution at that point would be for Congress -- whose campaigns depend on revenue from patent abusers -- to pass a new law (don't hold your breath). Read the rest

MPHJ is America's most notorious patent troll. The company -- whose owners are shrouded in mystery through a network of shell companies -- claims a patent on scanning documents and then emailing them, and they threaten business-owners with massive lawsuits unless they pay $1,000 per-employee "license fees."

Mostly, the troll has gone after small-fry, companies too small to defend themselves, and has stopped short of actually going to court. But now they've gone big-league, announcing suits against Coca-Cola, Dillards, Unum Group and Huhtakami.

It's not clear whether they've built their litigation warchest through the small-fry, but it seems unlikely. The lawsuit discloses that the troll extracted payments from Canon and Sharp in exchange for not suing their customers, and I suspect this is where the money for the suits came from.

The legal filings in the cases are very long, and detail the companies' internal networks as evidence of patent violation. The troll relies on the fact that all three companies use Xerox and Lexmark products and since these two companies haven't paid ransom for their customers, it can be assumed that anyone using their devices violates the patents. Read the rest