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The Patent Meme
2008-02-05 17:23:00
When I first started writing my patent law blog in 2003, there were maybe only one or two other blogs writing about patents. I know, it sounds crazy. Patent attorneys are the epitome of sex appeal. There had to thousands of bloggers fawning over patents and the like. I still have not figured it out. Thankfully, five years and five hundred posts later, hundreds of blogs are covering patents and various patent related issues. Many have come, many have gone. There are lots of blogrolls out there, but almost all include non-patent related blogs or patent blogs which have not been updated for months. So thinking the same thing you are obviously thinking, "If only I could have a link to all the important patent law blogs in one place" I started compiling a list of patent law blogs. Admittedly, I do not get out much. Well, fellow fans of all things Josh Weaton, the list is complete. What follows is my definitive patent meme. Definitive, of course until you kindly instruct me in colorful ex...
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What Could Be More Generic Than CyberLaw?
2008-02-01 00:10:00
At least I thought it was when I used it as the title of my book. I do not feel too bad though, as a quick Google search shows that at least 356,000 others apparently have my back on this. The problem lies with one Eric J. Menhart, a Washington D.C. attorney, who apparently believes he is the only one allowed to use the generic term cyberlaw in association with "providing information relating to legal affairs." On the upside, Mr. Menhart appears to stand alone in this belief. Such uniqueness is actually quite amazing in this day and age, especially when you consider people have little difficulty mustering multitudes to support theories of a flat earth, galactic overpopulation, the profitability of multilevel marketing and even that George Lopez is funny.In furtherance of his quest for CyberLaw domination, Mr. Menhart has filed a federal trademark application to obtain exclusive rights in the term "CyberLaw" as used in association with all things legal. Well, not ALL things legal, ju...
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Great Blawg Reviews
2008-01-31 17:14:00
For those of you still just discovering Google for the first time, Blawg Review is a traveling synopsis of all that has gone on in the world of law blogging during the immediately preceding week. Law bloggers take turns hosting Blawg Review on their own law blogs to ensure consistently fresh insight. Often the reviews are quite good; sometimes they are terrific. This week is one of those times. Cyberlaw Central is hosting a Hobbit-themed Blawg Review, complete with spectacular artwork. As I not only have cybergeek friends, but many vertically challenged friends as well, I thought this particularly well written post would be of great interest to my readers. In addition to posting some incredible Hobbit related artwork, author Kevin Thompson also discusses the controversy surrounding one attorney's misguided attempt to trademark the generic term CyberLaw for his exclusive use. Like me, Kevin has a personal interest in the matter: I aim to monitor the situation for my own personal rea...
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Companies Waking Up to the Evils of Patent Reform
2008-01-30 21:20:00
Before it's too lateLike Net Neutrality, Patent Reform is an issue flying under the radar screens of most companies. Unfortunately, as with Net Neutrality, by the time these companies realize there is a problem, it will likely be too late to take action. What is patent reform?Patent reform actually refers to a very specific type of reform. The type of patent reform currently under discussion involves federal legislation which undermines the ability of inventors to obtain and enforce patents. It seem strange that such legislation would find any support at all, especially when you consider patent protection was a Constitutional right long before the Constitution ever protected the freedom of speech, the right to bear arms or even the right to due process under the law. So who is behind undermining the innovation this country was built on and our forefathers sought to protect above so many other valuable rights?Why is patent reform inherently evil?The Patent Reform Act is designed st...
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Who Surfs This Much Porn?
2008-01-29 16:02:00
Last week, the District of Columbia fired nine government employees for clicking the mouse over 2,000 times apiece on internet porn. Not content with merely firing their staff, the district is set to discipline an additional 32 employees for surfing porn on the taxpayer's dime. According to examiner.com, the worst offender, took an eyeful an average of every 2.5 minutes. The district uncovered the activity using porn-tracking software in combinatioin with a little hard drive forensics. The district plans to give itself a helping hand in the future by purchasing another 20,000 WebSense licenses at a cost of over $140,000. With systemic in-house porn surfing, it is best to work things out in advance. Have your information technology guru adjust his or her antenna to periodically look for any such activity. Then you may nip the bud before things get out of hand. It is important to apply the handbrake before a problem arises by incorporating unequivocal policies against such activity i...

United States Now a Haven For Cyberstalking
2008-01-25 16:58:00
While many countries have made cyberstalking illegal, the United States has not. Several states have passed various types of legislation addressing cyberstalking, but the resulting hodgepodge of cyberlaws typically requires proof of a plausible threat of violence toward the victim. Until the United States enacts federal legislation, criminalizing cyberstalking, most victims are left to fight cyberharassment on their own. What Can You Do?What you can do to protect yourself depends on the type of cyberstalking involved. Consider the following five factors when deciding how to proceed:The FactorsWho? In any situation where a child is threatened (cyberbullying), immediate adult intervention is a necessity. If it is a child harassing the child, the harasser’s parents and, possibly, the school administration should be contacted. If it is an adult harassing the child, contact the authorities immediately.What? Depending upon other factors, name-calling, disrespect, lewd remarks and/or rid...
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Net Neutrality - You'll Be Sorry
2008-01-23 17:31:00
What is Net Neutrality ?There is probably no bigger issue, that you know less about, than Net Neutrality. Unfortunately, by the time you realize what a huge impact it has on your life, it will likely be too late. Net Neutrality refers to the idea that you should be allowed to access any portion of the Internet you like. Internet heavyweights like AT&T, Comcast and Cox cable, however, want to break the Internet up, pare it down and charge you extra to access its different parts. Kind of like cable TV. You want HBO? another $230 every year. NFL Sunday Ticket? Another $250 annually. Even worse, if Net Neutrality fails, most of the websites on the Internet, no having an Internet Service Provider (ISP) pimping them, will simply wither on the vine and die.  Your ISP, not you, will be in control of what websites you can visit.Why Should I Care?Want to watch YouTube? Sorry, that competes with Hulu, you either have to watch the approved shows on Hulu, or pay a separate access fee to ...

Top 10 Black Inventors
2008-01-21 15:56:00
In honor of Martin Luther King Day, I wanted to post a list of some famous African-American inventors and their patents. There obviously may be some disagreement as to who should, and who should not, make the list of famous African-American inventors. I have tried to include not only those who have contributed to mankind as a whole, but also those African-American inventors we know from other endeavors, or from the fun things they have brought to our lives. 10)Thomas Mensah Dr. Mensah is the Chairman of Supercond Technology Inc. of Norcross, Georgia. Holder of many United States and International patents covering everything from fiber optics to guided vehicle systems, Dr. Mensah's work with SMART weapons, like the Patriot missile, were critical to the success of the Gulf War. Representative PatentGuided Vehicle System United States Letters Patent Number 5,035,1699) Lonnie G. JohnsonPresident of Johnson Research & Development Co. and formerly with NASA's Jet Propulsion Lab, Lonnie ...
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7 Things About Trout
2008-01-18 21:23:00
Art Dinkin, of Moment on Money, has tagged me to post on the "Get To Know Your Author Meme." While I tend to resist any posts that do not directly relate to Intellectual Property law, how can I pass up a request to wax philosophic on the wonders of ME?Here are the rules:Link to the person who tagged youPost the RulesShare 7 random and/or weird things about yourself.Tag 7 random people at the end of the post and link to their blogs.So, here are 7 things that will not show up on my Wikipedia entry (I mean, once I get a Wikipedia entry):1. I lettered in diving in high school (strangely, the trend of 6'4" 250lb divers never caught on)2. I can stop a full speed ceiling fan with my tongue (do not attempt until you have worked up to 100 no-handed tongue-ups)3. I used to review DVDs for Chris Pirillo's world famousLockergnome (You can view some of my reviews on Reviewerrific)4. I love to race motorcycles (here is a YouTube clip of me in Canada trying to keep my more nimble buddy in frame ...
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Most Ridiculous Inventions Ever Patented
2007-11-27 22:45:00
Cracked.com has just published their list of the 10 most ridiculous inventions ever patented. Of particular note, is Iowa's own Flat-D Innovations' flatulence pad. Not to take anything away from Flat-D, which is quite wacky, but there are several inventions I feel should have made the list:Artificial dog testiclesApparatus for delivering a baby by centrifugal force.The BoobieFlask (that is actually what it is called)Sphincter training device (While I am not sure if my sphincter possesses the capacity to learn any tricks, I am fairly confident I have no desire to find out)Brett Troutwacky patents
More About: Inventions , Ridiculous

Steal This Photograph
2007-11-26 19:10:00
Free Advice People at cocktail parties (How old am I that I wind up at actual cocktail parties?) often ask me what they can do about people stealing photographs from their blog or website. I start by asking them what they have done to protect their photographs. The only constant seems to be that they all crash cocktail parties, cornering unsuspecting intellectual property attorneys for free advice (its the virgin strawberry Daiquiris that makes us so easy to spot). Luckily, waxing philosophic on the origins of copyright works like holy water on Nosferatu, and usually even before my ice gets all melty. Since you kind readers have been thoughtful enough to allow me to enjoy my beverages in peace, I have decided to share my thoughts on this subject, sans the legal history lesson. Here are the steps I would recommend to protect that precious shot of the snowboarding squirrel:Make Sure You Own the PhotographMany people mistakenly believe they own photographs they do not. If you hired som...
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The Law of Photography
2007-11-21 16:30:00
People are StrangePeople have very strange ideas about what constitutes fair use of other people's photographs. What they do not realize is, that by the time they get sued, simply claiming ignorance is no defense. Recent CasesPhotopreneur.com has just posted an interesting run down of some recent cases involving unauthorized use of third party photography. The cases are not just limited to copyright infringement. Several involve issues you may never have considered when snapping that depantsing of Uncle Lem. The Law of Photography Of course, those of you who keep an extra intellectual property attorney in the pantry for those times you wax philosophic on the epistemology of intangible property know these things, but for those of you who don't, here are some of the other, less well known, but no less harrowing, issues to consider when taking or using that next photograph. Right of PrivacyRight of PublicityFirst Amendment Interference with Official ActsNational SecurityBuildings no...

Don't Have an Affair With a State Employee
2007-11-21 00:24:00
Or at least don't write emails about it. Scorned husband Stephen Malmer just won the right to see over 55 pages of emails sent between his cheating state-employed wife and her co-worker, Stephen Malmer. Apparently, Mr. Malmer is not convinced the affair is over and, for some strange reason, is unwilling to take his loving wife's word on it. Turns out Franklin County Kentucky Judge Phillip J. Shepard is behind Mr. Malmer all the way. Judge Shepard has ordered the Kentucky Justice and Public Safety Cabinet to make Ms. Malmer's emails public. Even though the emails contain private information, Judge Shepard ruled the public has a right to see how state employees use paid time to exchange non-work related messages. Even with all the press about bosses reading emails, lawyers demanding emails in lawsuits, and judges siding with scorned spouses like Mr. Malmer, people still seem bent on documenting their moral turpitude. Perhaps they secretly want to get caught. My guess is that even i...
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How Long Does It Take to Get a Patent or a Trademark?
2007-11-19 19:14:00
You Want it When?People are often surprised how long it takes to obtain a patent or a trademark. Copyright registrations often issue in less than a year. Why then, do patents and trademarks take so much longer? The primary reason is that there is no requirement that the copyrighted material be unique. Therefore, the Copyright Office does not have to hire anyone to run a search to see if anything like it has already been registered. Patent and trademark applications however, do have to be unique. Expert examinationAs you might imagine, if there is already a patent or trademark on your exact invention or name, rejecting your application takes little effort. Not surprisingly, the vetting becomes much more complex when the existing registrations are close, but not exact. Making determinations of unregistrable similarity requires someone with an undergraduate degree in engineering or science in the case of patents, and a law degree in the case of trademarks. With 467,000 patent applicati...
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Get a New Online Strategy
2007-11-17 23:13:00
Andy Brudtkuhl, of Get a New Browser, just posted an invaluable guide on budgeting your web strategy. I recommend the guide to new and existing businesses alike. Anyone looking to expand their online presence would be well served by Andy's take on information collected from experts in diverse fields of online business. The post details cost estimates relating to everything you need to grow your online business. From Hosting, to Search Engine Optimization to Legal considerations, Andy lays it all out in easy to digest morsels. Having everything in one place like this makes it easy to divvy up those precious resources devoted to online exposure. Once your your venture takes off, you can always go back to the post again and hit the bells and whistles you did not have the cash for the first time around. Otherwise, you can just sit and wait for more fairy dust to accumulate. Of course that strategy is going to require keeping my number close at hand. Brett Troutweb strategy seo
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Avoiding Lawsuits - Easy as 1, 2, 3
2007-11-14 20:41:00
'Cause We're So CoolAmong the huge number of attendees and speakers at BlogWorld in Las Vegas were some of the brightest online minds on the planet. Not surprisingly, these folks' main focus was harnessing the Internet to do their bidding. While the established ventures had their cadre of lawyers, thwarting legal dangers at every corner, most smaller companies had no idea if what they were doing was simply an online version of digging their own legal grave. Emboldened by the impunity with which sites like YouTube seem to operate, many figured that even if they were breaking the law, some magical YouTube fairy was going to sprinkle magic invincibility dust over their business. You know, because their approach was so cool. How Much Fairy Dust Do You Have?Most of the smaller companies seemed to be betting their entire future on the existence of this magic fairy dust. The fairy dust approach, however, may not be as strange as it might appear on first blush. Confronted with the crippl...
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The Law of Blogging
2007-11-13 16:26:00
Last week, Abby Prince of WebProNews.com did a fantastic take-off on a L.A. Lakers locker room interview with me (I just have not figured out if I am standing on a box, or she is standing in a hole). Check out the interview here and be sure to visit WebProNews for Abby's other incredible interviews with powerhouses like Leo Laporte and Matt Mullenweg. (Viewing those videos, it is clear that I am either standing four feet closer to the camera or am merely freakishly huge).Brett TroutBlogWorld blogging Interviews
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Blogging For Dollars
2007-11-12 21:30:00
Apparently, The Polk County Bar Association is pleased to announce that I will be the speaker for their November luncheon. Granted, they have not heard me speak yet, but still . . .Actually, having just returned from my speaking engagement at BlogWorld, I am excited to share insights I garnered from bloggers across the country. The topic of my Des Moines presentation is "Blogging for Dollars ." Had the naming been left to me, I might have leaned toward either "Blogging 101 for Iowa Lawyers" or "Modifying Allowable Armor for your WoW Paladin". Methinks the audience might be the same either way. If you are an Iowa lawyer interested in blogging, or at least being able to converse intelligently with your blogging clients (you have them, whether you know it or not), feel free to join us at Downtown Des Moines Marriott Hotel, Tuesday, November 13, 2007 at noon. Tickets are $19.00 at the door.Brett Trout

Be Back Monday
2007-11-09 07:21:00
I am currently at BlogWorld in Las Vegas speaking on trademark and copyright issues for bloggers. Until I get back check out my interview on Phil Gerbyshak's Make It Great blog.Brett Trout
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Second Life Patent and Trademark Office
2007-11-03 19:28:00
According to Virtually Blind, Second Life players FlipperPA Peregrine (aka Tim Allen) and Michael Eckstein have opened up a virtual Second Life Patent and Trademark Office (SLPTO) within the video game. This comes on the heels of six Second Life gamers suing Rase Kenzo (aka Thomas Simon) for stealing their intellectual property. The allegations range from Unfair Competition, to Copyright Infringement, to Civil Conspiracy. The designs allegedly stolen include clothing, shoes and beds. The SLPTO does not have any immediate plans for generating income, its owners have wisely stepped back and decided to let Second Life denizens choose how the SLPTO can best be utilized. Without legal teeth to back up the program, however, I doubt the SLPTO will solve many problems. Even if Second Life owner Linden Lab decides to support the new venture through enforcement, it is difficult to see how intellectual property registration, standing alone, gets anyone anywhere.I mean I love intellectual prope...

Judge Prevents Patent Office From Punishing Inventors
2007-11-02 15:01:00
I have written several times about the Patent Office 's recent attempts to restrict inventors' protections under the patent laws. On Wednesday, the day before the new rules were to take effect, Judge James C. Cacherisi, of the Eastern District of Virginia, shut them down.Over the strenuous objections of the Patent Office, Judge Cacherisi allowed amici (friend of the court) briefs from several entities bashing the Patent Office's new rules. Of particular note was the declaration of former Patent Office Director, Harry F. Manbeck, explaining why the new rules are illegal. The Judge actually relied on Mr. Manbeck's declaration in rendering the decision.Most importantly, Judge Cacherisi's ruling stopped the new patent rules from taking affect yesterday. The Judge held that the Patent Office's restrictions on the number of patent claims and number of continuations that an inventor could file appeared to be beyond the Patent Office's authority. The Judge also found that the new Pat...
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Please Don't Write Your Own Cease and Desist Letter
2007-10-30 19:29:00
Blowing up in your face.When faced with someone stealing their patents or trademarks, some companies opt to craft their own little witty missive to the perpetrator. Sometimes these letters work. More often they don’t. The problem is that when they don’t, the letter writer typically miscalculates the blast zone by a rather wide margin. Like Wile E. Coyote after a failed bombing, the scrivener stands addled and smoldering, wondering how things could possibly gone so horribly awry. What is the point?Getting an infringer to stop infringing is merely one, lesser, goal of a cease and desist letter. The primary goal of a cease and desist letter is to set the stage for a subsequent lawsuit. By laying out your rights and the application of the law to the infringer’s acts, a properly drafted cease and desist letter puts the infringer on notice of the alleged infringement. The better positioned you are to win a subsequent lawsuit, the more likely the other side is to settle. Why write yo...
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New Patent Office Rules Called "An Abomination"
2007-10-28 19:56:00
The calvary has arrived. Suffering the slings and arrows of the United States Patent and Trademark Office 's newly proposed rules, inventors now have reinforcements. The American Intellectual Property Law Association (AIPLA), the country's largest organization of Intellectual Property Law attorneys has filed an amici(friend of the court) brief in the GlaxoSmithKline (GSK) case. As you will recall, GSK is suing the Patent Office to force the Office to "perform neglected or unlawfully performed duties." (I wonder if I can sue my kids for that?)The AIPLA brief explains how the new Patent Office rules destroy existing inventor protections. According to Patently-O, even former Patent Office Director Harry Manbeck filed a declaration explaining why the new rules are illegal. Patently-O has posted the full brief, detailing all of the ways in which the new rules threaten the underpinnings of the Constitutionally mandated protections afforded inventors. Pundits are calling the new rules "A...
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The Boycott Has Been Lifted
2007-10-26 17:49:00
As you recall, I called for a boycott of Sullivan & Ward's new Iowa Law Blog. I was protesting the fact that one of their most talented and erudite pundits had not yet taken the stage. You will be glad to know that litigator and mediator extraordinare Larry McLellan has lifted the ban with great aplomb. In his first blog post ever, in gracious narrative, Larry examines the ins and outs of challenging jurors for cause. Explaining the tactics I have personally witnessed him use with a patent jury to great advantage, Larry explains the process of letting jurors help you give them the boot. Along the way, Larry dishes out hat tips to Harry Plotkin and Mike Coyle. Check out Larry's insightful post, and be sure to leave him a comment (I have heard that if you get to know him, he might even take you out for sushi). If this post is any indication of posts to come, we definitely do not want this to be his swan song. Brett Troutlitigation
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Trout On the Radio
2007-10-25 21:14:00
If you are an XM Satellite Radio subscriber, be sure to tune into The David Lawrence Show tonight at 10pm CST on Channel 171 (Open Road). David and I will be discussing recent clashes between the Internet activity and the legal system. If you tuned into our chat last year, you know David and I have quite different views on intellectual property and its use online. Tonight's broadcast promises to be even more interesting! Brett TroutDavid Lawrence Online Tonight

When Capitalism and Law do git t'gether
2007-10-25 16:03:00
The fearless, erudite and anonymous editor of Blawg Review (the Blawg that makes all blawgs better) is also hosting Carnival of the Capitalists this week. Now in its fifth year, and holding the title as the longest running blog carnival, Carnival of the Capitalists touts several blawgs this week. Among glitterati are The Wall Street Journal Blog and Overlawyered. Even this humble blawg garners some pixels recounting the story of the Little Kiwi That Could.Be sure to check out both Carnival of the Capitalists #211 as well as next week's Blawg Review #132, over at Home Office Lawyer, hosted by none other than Blogga Nostra's own Grant Griffiths. Brett TroutBlawg Review Blogga Nostra
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Do Nothing - Be More Productive
2007-10-24 19:38:00
Sorry I have not posted for a while, but I was in Florida . . . on the beach . . .working. No, really. I had a lot of work I needed to get done without interruption and figured "What better place to do work than on a beach." I flew to Florida, sat on the beach and had a very productive three days, maybe the most productive three days I have ever had. I probably ended up working twelve hour days each day, but it is amazing how much motivation you have to keep at it with sand squishing between your toes. Actually, without any interruptions, the time passed quickly and efficiently. Knowing I could stay on task for several hours without interruption allowed me to produce a more fluent, cohesive product. And when I got stuck . . . I just drifted out in the ocean for a while until that "ah ha" moment came to me and I could get back to work. Not only did I get a lot done and come back refreshed, but I have a deep sense of satisfaction knowing that the work I produced was better than I coul...

Cyber Law - The reviews are in.
2007-10-21 05:50:00
CyberLaw: A Legal Arsenal For Online Business hit the shelves last month. I just wanted to take some time to acknowledge all of the reviewers who have taken the time to offer their kind words. The reviews have been universally enthusiastic (be sure to let me know if I have missed any). Across the country, from the reviews at Amazon, to the Des Moines Register, to reviews by master of the Internet Chris Pirillo, entrepreneurs like Sandra Renshaw, corporate attorneys like Rush Nigut and even other cyberlaw attorneys like Michael Goldstein, Cyber Law is being extraordinarily well received. Remember, the first five Iowans to come up to me and mention Cyber Law at BlogWorld Expo in Las Vegas next month will get an autographed copy. Hope to see you there!Brett Trout
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Blogga Nostra
2007-10-19 17:04:00
What is it?Blogga Nostra is a talented (they impressed upon me that either that word or my brains were going up on the screen) group of Des Moines area bloggers who meet the first Friday of every month to share ideas and help new bloggers get started. Find out how a such a sleepy burg launched such a large number Top 1% blogs (as ranked by Technorati). When, where and how much?It's completely free (other than buying me a Double Ristretto Venti Nonfat Organic Chocolate Brownie Frappuccino Extra Hot with Foam and Whipped Cream Upside Down Double Blended with a sprinkle of cinnamon) and it takes place at Panera Bakery located at 6740 University Ave in West Des Moines. The next meeting is two weeks from today, on November 2nd. Who is it?Since it has been a while since I updated the Blogga Nostra roster, here is the latest. Visit some of these blogs and see what a terrific group of bloggers we have right here in Des Moines: * Brett Trout (Intellectual Property) * Rush Nigut (Corp...

Blogger Eviscerates Amazon 1-Click Patent
2007-10-18 16:31:00
Don't mess with bloggers. A New Zealand Amazon .com customer, disgruntled that his order had taken too long to arrive, decided to take on Goliath, Amazon's 1-click patent. The 1-click patent is probably the most famous, and most controversial Internet-based patent ever issued.The ProblemUntil the State Street case in 1998, the United States Patent and Trademark Office (USPTO) had not allowed any patents on methods of doing business. That all changed after the Court of Appeals for the Federal Circuit ruled that business methods could be patented. This led to a deluge of patent filings. Since the USPTO had no bank of business method patents against which to vette these new patents, the USPTO issued many patents on technology which was old or, at the very least, non-obvious. Will No One Fight?People were free of course to research the "prior art" on their own and provide it to the USPTO in attempt to invalidate the patent. However, the companies with the resources and the most to gain...
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