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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Trademark

Churches can air Super Bowl without violating copyright laws

27 Tuesday Jan 2009

Posted by Kenan Farrell in Copyright, Trademark

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Churches, Copyright Infringement, Edgerrin James, Super Bowl, Trademark Infringement

The NFL has called a reverse play…this year they will be allowing churches to show the Super Bowl on big screen TVs without fear of violating copyright laws. NFL spokesman Brian McCarthy says churches may now show the game on any size screen, as long as it’s in their normal meeting place and they don’t charge admission.

Two years ago, when Peyton Manning was leading the Indianapolis Colts on their championship run, the NFL clamped down on the ability to watch the big game in churches.  The NFL sent letters to churches informing them that airing the game would be a violation of the NFL’s copyright and trademark rights.  However, faced with the prospect of Congress enacting a change to copyright law, the NFL decided to instead toss this Hail Mary to church groups and let the game go on.

So while the Colts aren’t in the big game this year, church groups can now get together and root for local favorite Edgerrin James to win that long-awaited ring.  Cardinals 24 – Steelers 21.

Edgerrin James

Obama and Intellectual Property

26 Monday Jan 2009

Posted by Kenan Farrell in Copyright, Federal Initiatives, Patent, Trademark

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Initiatives

“Let us be the generation that reshapes our economy to compete in the digital age. Let’s set high standards for our schools and give them the resources they need to succeed. Let’s recruit a new army of teachers, and give them better pay and more support in exchange for more accountability. Let’s make college more affordable, and let’s invest in scientific research, and let’s lay down broadband lines through the heart of inner cities and rural towns all across America.” 

— Barack Obama

Whitehouse.gov lists some of the President’s new initiatives related to intellectual property and technology.  We’ll be tracking his administration’s performance on these initiatives over the next four (4) years:

  • Protect American Intellectual Property Abroad: Work to ensure intellectual property is protected in foreign markets, and promote greater cooperation on international standards that allow our technologies to compete everywhere.
  • Protect American Intellectual Property at Home: Update and reform our copyright and patent systems to promote civic discourse, innovation, and investment while ensuring that intellectual property owners are fairly treated.
  • Reform the Patent System: Ensure that our patent laws protect legitimate rights while not stifling innovation and collaboration. Give the Patent and Trademark Office (PTO) the resources to improve patent quality and open up the patent process to citizen review to help foster an environment that encourages innovation. Reduce uncertainty and wasteful litigation that is currently a significant drag on innovation.
  • Promote American Businesses Abroad: Support a trade policy that ensures our goods and services are treated fairly in foreign markets. Fight for fair treatment of our companies abroad.
  • Invest in the Sciences: Double federal funding for basic research over ten years, changing the posture of our federal government to one that embraces science and technology.
  • Invest in University-Based Research: Expand research initiatives at American colleges and universities. Provide new research grants to the most outstanding early-career researchers in the country.
  • Make the R&D Tax Credit Permanent: Invest in a skilled research and development workforce and technology infrastructure. Make the Research and Development tax credit permanent so that firms can rely on it when making decisions to invest in domestic R&D over multi-year timeframes.
  • Ensure Competitive Markets: Foster a business and regulatory landscape in which entrepreneurs and small businesses can thrive, start-ups can launch, and all enterprises can compete effectively while investors and consumers are protected against bad actors that cross the line. Reinvigorate antitrust enforcement to ensure that capitalism works for consumers.

Trademark Protection of iPhone App Logos

21 Wednesday Jan 2009

Posted by Kenan Farrell in Intellectual Property, Tech Developments, Trademark

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Apple

Apple recently announced that there are now over 15,000 apps available on the iPhone, with over 500 million (!!!) downloaded since the App Store opened on July 10, 2008.  This seems to me a fairly definitive indication that users are loving the apps and all the additional functionality they provide.  In fact, it’s already hard to remember the iPhone pre-App Store.

500 million Apps downloaded since July 10, 2008

Of course, each of those 15,000+ apps is represented on the iPhone screen by a logo.  Moreover, each of these logos is a trademark.  With over a half billion downloads, it’s pretty clear that consumers are interacting with these trademarks on a regular basis.

This post is meant to serve as a reminder to small businesses, in particular small web/tech firms who are developing apps for the iPhone, to not underestimate the importance of protecting their logos through the trademark registration process.

Some companies use an app logo very similar or identical to their main business logo (i.e. Yellowpages.com, Myspace, Google Earth).  However, I’ve noticed that several (most?) apps are using different logos.  For example, here is the Safari logo as it appears on a Mac.  This logo is registered by Apple.

Safari design mark

On the other hand, here’s the Safari logo as it appears on the iPhone.  Surprisingly, I haven’t found either a registration or application on the trademark database.  That seems to be the case for several popular iPhone app logos.

Safari iPhone app

So is it worth it to obtain federal trademark registration for an app logo?  That’s a discussion for another post, but given the phenomenal rate of downloads so far, it seems like a foregone conclusion.  Companies struggling to find a market before may suddenly have an audience in the millions.  It’s not improbable that your app logo will become more recognised than your primary logo.  And if you’re a web/tech company who doesn’t have an iPhone app yet, be advised that you’re passing on a growing and highly enthusiastic market.

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