Indiana AG Greg Zoeller to Lobby Congress Against Cellphone Bill

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Indiana Attorney General Greg Zoeller said he will lobby Congress on Friday against a federal bill he says would strip the telephone privacy rights of residents in Indiana. Zoeller plans to testify before the House Energy and Commerce Committee’s Subcommittee on Communications and Technology against House Resolution 3035, a primarily Republican-backed bill being considered in the U.S. House. The bill would allow telemarketers and debt collectors to start dialing residents’ cellphones and, if approved, would override Indiana’s “Do Not Call” law and lead to a flood of robocalls to people’s phones, Zoeller said Wednesday.

Supporters of the bill say it would update federal law to allow businesses to compete in an environment where cellphones have largely replaced landlines.

Zoeller is fighting on multiple legal fronts to maintain Indiana’s strong “Do Not Call” law and ban on political robocalls.

The Southern District of Indiana ruled in September that Indiana’s ban on political robocalls violated the federal Telephone Consumer Protections Act which governs interstate communications. The Indiana Supreme Court is separately considering whether the state rightfully enforced the measure against FreeEats.com.

For more info, see the Journal and Courier.

Teaching the iGeneration

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Adults don’t really understand what it’s like to grow up in the age of the iPhone. I’ve seen plenty of grown-ups struggle to make sense of the role of mobile computing and social media in our society and their own lives, but we need to always remind ourselves that these tools are all our kids have ever known. Fox 59 featured a new book yesterday called Teaching the iGeneration, which attempts to help teachers educate the latest generation of iKids:

You know what the iGeneration in your classroom looks like. They are the students willing to experiment their way through anything, confident that trial and error can crack the code better than reading manuals or following directions. They’re turning to the Internet first and the library second when assigned research projects. Their minds are working fast, but not always as deeply or as accurately as the adults in their lives would like. Yet teachers can capture the attention of the iGeneration and help them grow by integrating technology into classrooms in a way that focuses on the skills that have been important for decades. The purpose of Teaching the iGeneration is to help teachers find the natural overlap between the work that they already believe in and the kinds of digital tools that are defining tomorrow’s learning. Each chapter introduces an enduring skill information fluency, persuasion, communication, collaboration, and problem solving as well as a digital solution that can be used to enhance, rather than replace, traditional skill-based instructional practices.

My law students are glued to their Macbooks during class, no doubt, but I wouldn’t consider them the iGeneration. Has anyone who works with K-12 students read this book? Was it useful for your classroom?

Stories from the Week that Was – 10/23-10/29/11

Stories from the Week that Was – 10/23-10/29/11

How Recruiters Use Social Networks to Screen Candidates

Startup Funding by the Numbers [INFOGRAPHIC]

Piracy and Copyright Challenges in 1841 Mirror Those of Today

The Future Of Music Business Models (And Those Who Are Already There)

Tips for Defending Allegations of Domain Name and Trademark Cybersquatting

Long Island Couple files Trademark Application for Occupy Wall St.

US government requests for Google user data grow 29%

Law School Admissions Officers Are Googling Applicants and Checking Them Out on Facebook

“OH WOW. OH WOW. OH WOW.” – Steve Jobs final words, via A Sister’s Eulogy for Steve Jobs

More questions about LiTEBOX: Trademark Fraud?

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When new companies come to Indianapolis promising tech jobs, particularly as part of a joint announcement with the Governor and Mayor, I like to check our their trademark portfolio and make sure all is in order. Apparently in the excitement of watching Michael Jordan highlights on top of semis or receiving multi-million dollar tax abatements, LiTEBOX has added the federal trademark registration notice, ®, to their Facebook page despite not owning a valid trademark registration. This could cause LiTEBOX trademark problems now (fraud) or later (inability to protect their mark based on this earlier fraud).

“Improper use of the federal registration symbol, ®, that is deliberate and intends to deceive or mislead the public or the USPTO is fraud.” Trademark Manual of Examining Procedure 906.04

In addition, LiTEBOX at some point is going to have to reconcile their use of the trademark with the owners of this trademark application:

Trademark considerations may seem small given all of the other questions that have been raised about LiTEBOX, but let’s hope they find good IP counsel soon to get their trademark situation sorted before it results in a big headache.

To everyone else, this is a good reminder to scan your marketing materials and online platforms for improper use of a trademark notice.

Long Island Couple files Trademark Application for OCCUPY WALL ST.

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It was just a matter of time before capitalism found a way to make profit off the Occupy movement. IP carbetbaggers have now begun moving in to lay claim to their piece of the revolution. A couple in Long Island, New York, has recently filed a trademark application for “OCCUPY WALL ST.” in connection with all sorts of fun retail items ranging from bumper stickers to sport bags to footwear.

A few practical trademark lessons can be learned here. First, register your trademarks or someone else will. If your organization has a trademark if doesn’t want registered by some t-shirt dealer in Long Island, be sure to file your own application first. I’m not sure exactly who would be the appropriate applicant for the OCCUPY WALL ST. trademark but I’m pretty sure it’s not this couple.

That being said, the more important lesson from this story requires me to wish good luck to these trademark applicants who have now taken on the legal obligation to enforce their OCCUPY WALL ST. trademark. If an infringer of a mark is known to the trademark owner (or should have been known through routine diligence) and is allowed to go unchallenged, the trademark owner can lose its trademark. In other words, this couple now has to start enforcing (via Cease & Desist letters, UDRP actions, trademark litigation, etc.) their OCCUPY WALL ST. trademark against the masses in Liberty Plaza and around the world. I’d love to shake hands with the lawyer who takes up that case. The obligation to protect one’s registered trademarks is a simple but valuable lesson that most self-filers don’t ever receive.