‘Tis the season for festive IP
Is innovation on your holiday wish list? These festive patents are a reminder that the holiday cheer can be just the thing to spark your (or your clients') next invention.
Inventors Victor Horowitz and James Boyd brought some magic to Hanukkah with their patent, granted in 2000, for their wand-activated electronic menorah, an ancient Hebrew lampstand, which is traditionally lit with candles during Hanukkah.
One fun Christmas patent is the "Santa Claus visit kit," invented by John Colak and granted in 2007. The kit is "for creating an illusion that suggests a Santa Claus visit in a premises". According to the patent application, the kit includes a "letter professing to be from Santa Claus" and items to make "boot print-resembling marks to mark an illusionary trail of Santa Claus".
In a happy Christmas for the applicant, Wreefs was issued a design patent for a decorative artificial marijuana wreath on December 25 2018. The company says its wreath is designed for all occasions, not just for the holidays, and that it hopes the wreath can serve as a symbol to reduce the stigma around marijuana. US cannabis companies frustrated with their lack of federal trademark rights might want to get their hands on one.
As festive inventors continue to seek patent protection for their innovations, creators of holiday songs, movies and books seek copyright protection for theirs. These works of art often become cultural touchstones, and go on to inspire parodies. If a copyright creator feels that a particular parody infringes their copyright, they might turn to the courts to obtain an injunction.
One interesting case, CCA and B v F + W Media, saw The Elf on the Shelf picture book and fair use come head to head.
The defendant published a book called The Elf off the Shelf, a parody of The Elf on the Shelf. In the parody, the main character Horace takes a "shelf gig" to get out of his parents' basement. The plaintiff accused the defendant of copyright infringement, but in 2011, the Northern District of Georgia disagreed.
"Horace is not hilarious, but he does use his foul mouth to say something pointedly different than the elf in plaintiff's work," the court said.
The plaintiff also argued that the defendant had infringed its trademark and that the defendant's use of the plaintiff's indicia was confusing. The court also disagreed with this and ruled that the defendant had done enough to distinguish its product so that a reasonable consumer would be able to tell the difference.
Female QCs lead the charge
A team made up entirely of female QCs from 8 New Square is leading Apple's patent case against Conversant at the England and Wales High Court. Though it may be 2019, this is the first time that a patent case has been handled exclusively by female QCs.
Charlotte May deals with a range of different matters including those relating to design rights, trademarks and patents, while Lindsay Lane has expertise in a swathe of areas encompassing copyright and patents.
Despite this piece of good news, the IP sphere still faces gender inequality challenges. Patents is an area in which women are consistently underrepresented; a 2017 WIPO report averred that global gender equality in the field of invention remains a "distant prospect". Low female participation in STEM-related subjects and a dearth of women at senior levels of the law are issues that need to be tackled.
But as Noreen Krall, Apple's chief litigation counsel, commented on LinkedIn: "Moving the needle one case at a time!"
Trademarks can be fun
Chris McLeod, partner at UK-based firm Elkington + Fife, has been injecting a bit of fun into the trademark world by tweeting his "trademark of the week," often alongside some witty one-liners.
Highlights include 'Beer Speaks. People Mumble.' (covering beer in class 32), with McLeod asking his LinkedIn followers to "raise a glass". Another classic is 'Smashing Pumpkins' (for children's card games in class 28), filed by Wild and Wolf, prompting McLeod to say it "may induce Mellon Collie".
McLeod tells Managing IP that his favourites are those that are "inventive rather than odd," including 'Beertrix Porter', 'Kings of Neon', 'Shef Leppard' and 'Bite Club'.
He adds: "I only started posting these trademark applications because I generally found them amusing and entertaining. However, some of the posts are getting over 5,000 views and there is a high level of interaction, so others in the field are clearly also interested. Maybe it is time for me to apply for 'Trademark of the Week'. On the basis of acquired distinctiveness, of course."
