Patentlyo Bits and Bytes by Anthony McCain

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About Anthony McCain

Anthony McCain is a law student at Mizzou where he is focusing on intellectual property; He has a background in mechanical engineering. anthony.mccain@patentlyo.com

22 thoughts on “Patentlyo Bits and Bytes by Anthony McCain

  1. 7

    Concerning the dancing baby copyright issue, one of the comments on the YouTube page for this video states the following:

    “I was going to buy this song on Itunes but I decided to just play this video instead.”

    Hah! Now, that’s funny.

    If it’s not fair use for someone to post a video of their baby dancing to a Prince song, I don’t know what is.

  2. 6

    A “plaintiff may seek recovery of nominal damages for an injury incurred as a result of a … misrepresentation,” wrote judge Richard C Tallman, in a decision that authorizes the Electronic Frontier Foundation (EFF) to move forward with a 2007 lawsuit against Universal music on behalf of YouTube user Stephanie Lenz. “Fair use is not just excused by the law, it is wholly authorized by the law.”

    Good stuff.

  3. 5

    Today at the CAFC:

    Amici Curiae LG Electronics, Inc., Dell Inc., Google Inc., Intel Corporation, L Brands Inc., Newegg Inc., Ninestar Image Tech Limited, QVC, Inc., Samsung Electronics Co., SAS Institute Inc., and Xilinx, Inc. move to participate in the oral argument scheduled for October 2, 2015. Lexmark International, Inc. opposes.

    Upon consideration thereof, IT IS ORDERED THAT: The motion is granted.

  4. 4

    Do Online Retailers’ Search Results Constitute Trademark Infringement?

    I tried to buy the watch displayed in Sarah’s article by clicking on it twenty or thirty times but her web page didn’t respond. It was all very confusing and, therefore, a clear example of trademark infringement.

  5. 3

    link to money.cnn.com

    Regulators in the U.S. said Volkswagen (VLKAF) cheated on environmental standards by programming engine management software in some diesel cars to turn on emission controls only when being tested. Cars equipped with the device would run up to 40 times more emissions when on the road, the EPA said. …

    “Let’s be clear about this, our company was dishonest with the [Environmental Protection Agency], and the California air resources board, and with all of you,” Horn said. “In my German words, we have totally screwed up.”

    Personal fines and maybe some jail time for those in charge would send an appropriate message to companies who make “smart” cars.

    And in response to a commenter on another read: there are zero good reason for any patent system to be burdened with “promoting progress” in “new” methods of using logic to deceive law enforcement. None. Nada. Zilcho.

    1. 3.1

      on another read“…

      Meh, Malcolm can’t be bothered to actually post – in response at the actual dialogue point.

      Why bother anyway? He really doesn’t care about dialogue and is only here for his drive-by monologue C R P fest.

      Malcolm, did you even bother with the case citation I provided that discussed your “concern?”

      Nine years and running…

    2. 3.2

      Don’t all car manufacturers make “smart” cars? They use bluetooth, Wi-Fi, rear cameras, lane assist, automatic stopping, GPS, ABS,…. The list goes on and on. Try to find a new car with no “smart” features.

    3. 3.3

      My wife’s car has an “eco” mode. I assume the emissions go down in this mode. If she chooses to not use “eco” mode, is she cheating? If she gets an emission test, but in eco mode, is she cheating?

    4. 3.4

      Thank goodness you only spend about 2 hours a week posting here. The tsunami of garbage from that 2 hours is already intolerable. Imagine if you upped it to 3 hours a week.

      Heckavu job, Dennis.

    1. 2.1

      The “real” Harris Faulkner should send these guys a thank you note instead of sueing them. Prior to this story, I never heard of her before (and with any luck hopefully I’ll never hear of her again).

  6. 1

    I really enjoyed the Oktoberfest article. The EPO is really jamming out on the secrecy of the beer recipes. Last time checked, beer is made from water and 3 ingredients.

      1. 1.1.1

        Last time I checked, matter and energy are equivalent and therefore made from no ingredients — pure math according to my friend Max — and everything is “abstract” :)

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