3-D printing future?
Amazon is taking a keen interest
in the possibilities that 3-D printing holds for its future, if
its patent applications are anything to go by.
The Verge this week reported on an intriguing patent
application by Amazon "for a system that could print goods
on-demand in 'mobile manufacturing hubs’
– trucks outfitted with 3D printers that could rapidly
produce and deliver items on their travels."
Amazon said in its application:
"The patents would help improve the delivery process and reduce
the warehouse space Amazon needs. Time delays between receiving
an order and shipping the item to the customer may reduce
customer satisfaction and affect revenues generated."
Foley partner defends faulty brief
The Foley & Lardner partner
asked by the Supreme Court to show why he should not be
sanctioned for a filing a faulty brief this week gave his
noted on the Patently-O blog: "Foley went all out, hiring
Paul Clement to write it. Boiled (way way down –
it’s 41 pages), the approach was to say that the
client wanted this petition this way, and the client is in
charge of the goals of the representation. 'I had no choice and
you’re overreacting,’ might be the
petition for cert was expected to be denied, given its
long, confusing question. But not only was the petition denied,
the Supreme Court
in December took the unusual step of ordering
Schindler’s attorney – Howard Shipley of
Foley & Lardner – to "show cause…why he
should not be sanctioned".
The reply submitted this week
states: "In this case, attorney Howard Shipley had to reconcile
the competing demands of the duty of loyalty that he owed his
client and the duty that he owed this Court as a member of the
Supreme Court Bar. Mr Shipley’s client had deeply
held views about patent law and insisted on articulating his
basic argument (that the Federal Circuit was ignoring the
guidance of this Court) in his own words, as he had done in
prior amicus briefs filed in this Court by other
No likeness, no cry
The heirs of reggae legend Bob
Marley have had their trial win over merchandisers using
Marley’s face without permission affirmed by the
says The Hollywood Reporter.
Fifty-Six Hope Road Music, which
controls the licensing of Marley’s image, sued
AVELA and other companies in 2008 for selling t-shirts of
Marley in retailors including Walmart and Target. In 2011,
Marley’s heirs won $750,000 in profits, $300,000
in damages and were awarded $1.52 million in attorney fees.
This win was affirmed on
February 20. "This case presents a question that is familiar in
our circuit," wrote Judge Randy Smith in the opinion. "When
does the use of a celebrity's likeness or persona in connection
with a product constitute false endorsement that is actionable
under the Lanham Act?"
I’m just here for a
Marshawn Lynch, running back for
the Seattle Seahawks, is seeking a trade mark from the USPTO
for the phrase "I’m just here so I
won’t get fined".
Lynch said the phrase more than
20 times in a mandatory press conference before the Super Bowl,
which his team lost to the New England Patriots. Rather than
having to pay a fine as a result of the press conference, Lynch
is looking to make money from it.
ESPN.com quoted Chris Bevans, who runs Lynch's "Beast Mode"
apparel line, as saying: "We heard from our fans, and so many
of them were saying that they wanted that phrase on the
clothing. This is just listening to the marketplace."
Lynch owns four "Beast Mode"
trade marks and has filed for four more. He has also filed for
a trade mark on the phrase "About that action BOSS", a phrase
he said in last year’s Super Bowl press
Redskins go on
In other NFL intellectual
property news, the Washington Redskins have claimed that
barring the registration of its controversial name as a trade
mark is unconstitutional,
reports ESPN.com. The Trademark Trial and Appeal Board last
summer cancelled the American Football team’s
trade marks because it ruled the name is derogatory to native
The team’s lawyers
wrote in a brief filed this week that the TTAB's decision
unfairly singles out the Redskins "for disfavored treatment
based solely on the content of its protected speech,
interfering with the ongoing public discourse over the
Redskins' name by choosing sides and cutting off the debate.
This the US Constitution does not tolerate."
A hearing is scheduled for May
In the Thicke of it
The Wrap has an
entertaining overview of proceedings in the "Blurred Lines"
copyright trial. Robin Thicke this week took the unusual step
of playing a medley of songs in an effort to show how easy it
is to view any song as similar to another.
The Wrap noted: "Thicke also
said he has been referred to in the past as 'the white Marvin
Gaye,’ which he always considered to be an honor
and so he embellished stories to the media to capitalize upon
the connection. While there was laughter in the courtroom in
response, the Gaye family did not appear amused."
Blog readers promotion
– last chance
Lastly, all week we have
been running a special promotion exclusively for our blog
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Also on the blog this week:
Some proposed fixes to the US patent system,
but is it even broken?
A trip to Beijing
Managing IP’s first 25 years
– a timeline
Unitary Patent and UPC – the story so
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In our news and analysis this week:
Ericsson files multiple lawsuits against
Apple, while Smartflash sues again
Lee’s USPTO nomination clears
SIIA says Copyright Office is badly in need of
EPO statistics: who's up and who's
Knobbe Martens hires LA partner from St Jude
Texas jury orders Apple to pay Smartflash $533
How to work with your engineering
How to train the UPC judges
Olswang hires four-person team in
Average price paid per patent in US
transactions up 10% – report
The law firms used most for US patent
IP Clinic: How do we encourage more women to
stay and progress in the profession?
Taiwan’s model IP
Lessons on eligibility from recent SPC
Data: the busiest companies at the PTAB in
Don’t be afraid of
Rules that reflect different
Trade mark guidance from the CJEU in
Inside Beijing’s new IP