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Messages - Oh, Crud

Pages: [1] 2 3 4 5 6 ... 41
1
I just wrote a blog post on why i think that 'traditional knowledge' should not be recognised as an IP right: https://www.rubiconpersonalip.com/forum/viewtopic.php?f=29&t=114

Makes sense.  Treat it more like under real property law instead of IP law.

2
... would disclosing the names of people involved to an attorney who I might not hire hurt me in any way ? I am saying that I might have to talk to few of them & I can only hire one, so how carefully should I approach them & how much details should I disclose to them ?

Also what category this case falls under ? Copyright OR Trade Secret ?



Even if they don't take your case, they can't disclose your information.

As to your second question quoted above, as I read through this thread I am confused.  You talk about NDAs and trade secrecy.  Yet you say you have registered the whole thing with the copyrights registrar.

Aren't items registered available to the public's view?  Where's the "secret"?

3
Trademark Forum / Re: new company name abbrev.
« on: Today at 08:34 am »

... i am starting a clothing company and my abbreviated company name ....is already used by another company but as the word itself.... will i run into issues when getting a trademark or llc? its is in the same industry(retail) but in another state. please help since this would mean i have to start back at scratch.


Bumping to see if others have thoughts on this.  I have some questions, too.  Will you actually be using the abbreviation/acronym?  And is that other company really only in the one other state?  (And by "only in" include, "only sells into" one other state.)

It would seem unusual to me for a clothing company to only sell locally.  But I suppose it's possible, particularly if it's a mom/pop shop.

Generally speaking, if you do want to use the abbreviation/acronym and it's the same as the existing company's mark, they will probably have a legal right to complain unless you two truly are completely separated from a geographical basis.

4
.... but I think working for a firm would potentially create conflict of interest issues for an examiner.

Probably right on that score.

5


Another question I have, which may be dumb, is whether the university could potentially attach some sort of disclaimed that said (in plain terms) "We are not the rightful copyright owner of these images so you, author, can use them, but at your own risk."

Any thoughts? Thanks in advance!

Thinking out loud/tossing out ideas.  Not an attached disclaimer but rather a contract.  The U grants the author access to the photos, and in return the author acknowledges that the U is uncertain of the provenance and copyright status, if any, of the photographs. 

Therefore the author not only agrees that s/he uses at his own risk, but the author also agrees to hold the U harmless itself and furthermore agrees to indemnify the U should someone make a claim of copyright infringement.


6
Copyright Forum / Re: Reporting This Rouge Website
« on: Yesterday at 10:42 am »
.
There is a rouge website with the address mpaa.org.  It is a horrible rouge website ...


"Maybe it's Maybelline."
 ;D

7

...  They are not going to not consider you because you weren't a summer associate.  You had a good reason for not being a summer associate:  you had a full time job already.  A full time job at the PTO.  Examining patent applications.  No firm that you would actually want to work for would view that as a strike against you.


This in my opinion says it all.  While I may also suffer from old man's nostalgia syndrome, I can't fathom how working straight through LS as an examiner can be held against you come OCI/hiring time. 

On the contrary, it should be a plus.  As long as you don't spend another several years after graduation at the PTO before you decide you want to strike out into private practice, that is. 

This may be a stupid question, but is there any tolerance at the PTO for the idea of an unpaid 10 week leave of absence?  I went to LS while working FT as a scientist and (like you) didn't want to give up a great job (which would be gone for good once given up) just for the sake of ticking the SA box.  `Course, that was corporate America not the gummint.... Just a thought.

8
.
(trimming quote liberally for length)

...We have a family of 6 cases they share a spec but are directed to different inventions. We had an allowance come in for one case in early March. We had an OA come in for one of the other cases in mid April. ....We interviewed the other case with the OA a fee [few] days after paying the issue fee in the allowed case. We have been cross citing all art so we want to cite the art from the OA in the allowed case even though some of the art in my opinion is cumulative. We told her we have to pull the case from issue to cite the art. ....The client is VERY upset ...Any advice on how to deal with her? ... [again]... We took a look at the art again and it is cumulative of what has been cited already but since we have cross cited everything so far, stopping now would potentially seem like we are intentionally not citing the art. ....


Has anyone ever simply cited "art to the file" at the PTO?  I.e., not filed an IDS but rather simply submit a general transmittal letter, naming the (cumulative) "patent which was cited by the Office in case 13/121,121" and asking that it be made of record in an allowed case?

But the main thing that is important is the word "cumulative".  If truly so, a note to the file (of the allowed case) should be sufficient. 

9
Patent Agent/Lawyer Careers / Re: Should I go to law school?
« on: 06-14-13 at 11:15 am »
.
I hereby coin the new phrase, "Spambotico Resurr-Threadification". 

I plan to file an ITU and will be selling the priceless service of identifying threads resurrected by keyword-searching-and-regurgitating spambots.

So, go forth and

Just enjoy your life and catch every moment .

10
Is there any real benefit of filing a CIP as opposed to a new application with the new matter added? I never really understood the benefit of a CIP.


There's a ton of really good discussions on here around the value (or non-value) of CIP.  But the search page here no longer works.  So if you go to google and use the advanced search page limiting to the site intelproplaw.com, you can search for threads on CIP.  One in particular from a few years back ran to 4 or 6 pages long, so if you find one that long that would be the one I mean.

I actually printed it out a couple years ago for reference/discussion with my team.  But left it in my other office, else I could offer you some keywords that might narrow the search more than just "CIP".  You might try searching all the words CIP, isaac, dogdaypm and klaviernista since I'm pretty sure they all participated. 


ETA: Hey, this might or might not be "the one" I was thinking of above, but it is a lengthy thread on CIP.  I went to the "filing and prosecution" forum page and sorted by most replies (48 as it turns out). 

http://www.intelproplaw.com/ip_forum/index.php/topic,12687.0.html

You might also try the same search with CIP and just one name at a time of some of the really heavy posters individually, like jimivey and isaac.

ETA: Last edit: Here are a couple more good threads.

http://www.intelproplaw.com/ip_forum/index.php?topic=4112.5
http://www.intelproplaw.com/ip_forum/index.php?topic=7282.5

11
I have a question as to how this clause of 37 CFR 1.97(e)(2) is interpreted. If an Office action is received for example on 1/1/13, but not looked at or reviewed until 3/25/13 (it was reported to the client right after receipt but not reviewed by them or the practitioner until 3/25/13 for whatever reasons), and then the practitioner sees a reference in the OA that he wants to cite in a related case, does the clock of the 3 months start at 3/15/13, or does the clock start at 1/1/13? Can he file the IDS within a couple weeks of becoming aware of the reference even if it falls outside of 4/1/13?

I would think under this circumstance he could still file the IDS until 6/15/13 and still be ok under 1.97(e)(2). But would this come under attack possibly later, because the Office Action was received on 1/1/13 so the IDS should have been filed no later than 4/1/13?


I'll take the other side of the coin.

I don't know the "right" answer and no time to look it up, but I can give you info on how several corporate law departments generally treat it.  When dealing with any sort of need-to-cite prior art, everywhere I've been uses that earlier date.  The fact that it is in the file but the practitioner didn't bother to look at it for over 2 months is not relevant. 

In other words, if you can be challenged on it based on a mailing date, just pay the fee and move on.  It may be that's an overly formal approach best suited to those not necessarily on a shoestring budget, but that's my experience.

OTOH - has anyone ever seen as a basis for patent challenge an argument that the patentee failed to pay an IDS fee?  Through what (I guess in this case might be viewed as) a mistake of fact or mistaken interpretation of the CFR?

12

Quick comment - Jim's right of course that for e-filing, and "/s/" signature is as good as an inked signature.  Just in case you're not too familiar, for inventor John Q. Public signing his papers looks more or less like

                                      / John Q. Public /
                                        John Q. Public


(Although according to the reg, what is between the // need not necessarily be your name.  But it seems to me that is what most people do.)

13
Trademark Forum / Re: Do questions get answered...
« on: 06-12-13 at 11:35 am »
Do questions get answered in this forum anymore? Just checking, it used to be filled with activity and you could get some great advice.

Hey Mike - they do, but the turn around time is often quite a bit longer.  There were several long-term complete `site downs (i.e., several weeks or more each) almost back to back, and that seemed to have a big impact on participation. 

And in particular it seems to me that the folks most prolific in answering the TM related questions don't come around so often, so patience is the only thing I can suggest, along with a polite "bump" if your question falls past the first few pages of "recent" posts (I just did this with your question).

14
Bumping - any of you trademark savvy folks have comments for Mike?



I have owned a trademark since 1996 that I use to brand a clothing line.  I owned a registration of the mark for over ten years and have always sold clothing with the mark since the beginning.  Last year I noticed that I had let my registration become abandoned so I applied again and it has since been approved and is in the final stages of registration, so all is back to normal with the registration.

Now the other story.  Back in about 1998 a rock band wrote a song with the title of my mark.  It became very popular and at the time I contacted the band about my trademark and asked them if they ever wanted to do a joint business venture selling clothing to please contact me.  I also insured them that I had been selling clothing with the trademark before they had written their song.  They never responded but as their song became more popular I periodically would contact them and suggest "we work together" to sell some clothing.  They never responded.  One time I "friended" them on myspace and I would post things on their wall about my clothing line and send links to my page that displayed my clothes.  They wrote back once saying that the clothes were cool but they didn't have plans to start selling clothing.  This was back in 2006-07.

Flash forward to 2012.  I have continued to sell clothing with the trademark and even licensed it to a couple organizations for use of t-shirts and then I realize that I let the mark go abandoned.  The fear set in that I had really blew it but luckily no one else tried to register the mark and soon I will own the registration again.  But as a precaution I also did a google search of my trademark  with the words "t-shirt" and "clothing" attached and low and behold, the rock band began selling t-shirts, caps and hoodies with my trademark on them.  They even started a non-profit organization using the name of my trademark and are using an acronym of my trademark, which I called my myspace page and put in my shirt labels, inside the labels of the clothing. 

They went years not producing any clothing with the mark because they didn't want to license it from me but once they saw that the registration had become abandoned, they thought they had license to forget I existed and started using the mark as their own.  The problem is that even though I abandoned the registration, I did not abandon use of the trademark and now have the registration back.  They likely assumed that because the registration was abandoned, the trademark was abandoned but I know that is not true.

Besides contacting an ip attorney, what would likely be my first course of action?  I have the myspace pages showing them as friends with our correspondences on their wall, proof that they knew I existed.


15
Kyle provides a great service for those considering law school, but he does have some gorked numbers from time to time.  I can close your gap a bit (see from individual school report links below), but your main point is that yes, there are significant outcome differences.  But it looks more like 25%/49% to me based on the individual reports. (What tipped me off was his NLJ250 report (third link below) reported 280 2012 NU grads instead of 295 total.)

The question just before mine is relevant - why is BigLaw a must for you?  What about a 60-lawyer powerhouse patent boutique? 

If my only, only consideration was biglaw, I might consider NU over BC here if the differential was more manageable.  I don't know what my breakpoint would be, necessarily.  But it would have to be a lot smaller than 250K in debt (more, likely; actually unless you're getting some break from NU, its fully loaded current costs for new entrants is more like 292).

The problem with debt at that level is, even if you get that BigLaw job, you've entered yourself into a race to service what amounts to a pretty good sized home mortgage in the 6 or 7 years you'll have before they bounce you for not making partner (or the firm just downsizes again, whatever reason). 

The rents are just to danged high.

http://www.lstscorereports.com/?school=bc&show=ABA

http://www.lstscorereports.com/?school=northwestern&show=aba

http://www.lawschooltransparency.com/tag/nlj-250/

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