USPTO Launches Page on Facebook

The United States Patent and Trademark Office (USPTO) has launched its official page on Facebook. Intended to engage the public and the intellectual property community directly and provide real-time information, the USPTO’s page on Facebook will offer a series of regular updates on a range of issues, and gives Facebook users the chance to comment on, discuss, and offer feedback to the USPTO about announcements and initiatives. The page can be found at www.facebook.com/uspto.gov.

The Facebook page will not replace the Agency’s Web site (www.uspto.gov) as the official source of USPTO information. Rather, the Facebook page will provide a new channel for the public to connect with the USPTO.

In addition to communicating directly with the USPTO, Facebook users can expect to see an array of content and information, including press releases, posts from Director Kappos’ “Director’s Forum” blog, event information, photos and video.

Indiana Copyright Litigation Update – Masterfile Corporation v. Kemp Title Agency

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Indiana Copyright Litigation Update – Masterfile Corporation v. Kemp Title Agency

Masterfile strikes again.

Masterfile is a stock photography company which acquires and licenses images for commercial use. Defendant allegedly displayed Masterfile’s images on their website without compensating Masterfile. Defendant was given an opportunity to enter into a retroactive licensing agreement but refused.

Update 1/6/11 – The parties have reached a settlement and filed a Stipulation of Dismissal (see below). The terms of the settlement are not public but each side has paid its own legal fees.

Related Case: Masterfile Corporation v. Mark Stein

Court Case Number: 1:10-cv-00997-JMS-TAB
File Date: Monday, August 09, 2010
Plaintiff: Masterfile Corporation
Plaintiff Counsel: Aaron M. Staser of Barnes & Thornburg LLP
Defendant: Kemp Title Agency, LLC
Cause
: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

Complaint:

Stipulation of Dismissal:

Indiana Intellectual Property Litigation Update – July 2010

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The following Intellectual Property cases were filed in July 2010. Stay tuned for updates.

Northern District of Indiana

1A Smart Start v. Indiana Safe Start

Sweetwater Sound v. J2 Electronics Group

Southern District of Indiana

Brandt Industries v. Pitonyak Machinery Corporation

Brian Andr’e Warren v. Xlibris Corporation

Interactive Intelligence v. Advanced Information Systems

Masterfile Corporation v. Mark Stein

Indiana Copyright Litigation Update – Masterfile Corporation v. Mark Stein

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Masterfile Corporation v. Mark Stein

Plaintiff is a stock photography company which acquires and licenses images for commercial use. Defendant allegedly displayed Plaintiff’s images on his website without compensating Masterfile. Defendant was given an opportunity to enter into a retroactive licensing agreement but refused.

Court Case Number: 1:10-cv-00961-SEB-TAB
File Date: Thursday, July 29, 2010
Plaintiff: Masterfile Corporation
Plaintiff Counsel: Aaron M. Staser of Barnes & Thornburg LLP
Defendant: Mark Stein
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Dear KLF Legal

From time to time, people write in with short questions about intellectual property law. We’re always happy to help educate the public about their IP rights, so KLF Legal tries to respond to each inquiry as best we can. The answers tend to be brief since the questions don’t typically include a lot of information. However, I thought it might be helpful to share these questions from time to time in a post category entitled “Dear KLF Legal”…enjoy!

Is there an equivalent form of “fair use” for logos? It really seems unreasonable that I can’t make use of the three lines that make up a Nike “swoosh” without permission.

There is a doctrine of “fair use” in trademark law, but it deals more with third-party use of another company’s trademarks for advertising or nominative uses rather than the ability to use similar trademark elements. One pillar of trademark law, which surprisingly is rarely mentioned, is the avoidance of consumer confusion. When people see the “swoosh”, they know they’re purchasing a high-quality product from Nike Inc. If every shoe company, particularly those that create poor quality products, started using a swoosh, a consumer would no longer be able to identify high-quality products with the swoosh trademark.

What’s the legality of music bloggers posting sample mp3’s without express permission?

A more detailed answer on legality will depend on whether the mp3s are available for download or only for listening. From a “real world” viewpoint, record companies typically have not been enforcing copyrights against music blogs because they view them as free advertising. The economic significance of MP3 blogs is small compared to P2P networks.

What is the cheapest and easiest way to copyright my content? From a blog post to a word document.

Once your original work is “fixed in a tangible medium of expression” (i.e. you have finished your blog post or word document), copyright protection is automatic and free. Hurrah. However, registration with the U.S. Copyright Office brings additional benefits, perhaps most importantly the ability to enforce your rights against infringers in federal court. Registration is quick and inexpensive ($35) so I usually recommend it for commercial works.