Nike "Back to the Future" Patent Application

Recently I authored a blog post regarding whether or not you can patent an idea? Remember you can get a patent for the" thing" you make not the idea.

nike patent

In order for an idea to become a patented invention, the inventor must be able to teach someone of ordinary skill in the art how to make and use the invention.

I used the example of the “idea” for the transporter in the Star Trek television series as an idea that can only be patented if someone could make it.

What about the "Back to the Future" movie where Michael J. Fox has automatic clothes and automatic sneaker laces.

Well, I found this cool video on YouTube and the actual patent application (.PDF) by Nike. Take a look. What do you think?

New Apple Patent Application: Generating a Book

Tweet of the week

Thanks to @ifones for tweeting this week about how Apple may take on a new role in video gaming if its latest patent application, published by the U.S. Patent and Trademark Office last week, ever makes it into a product.

Take a look how Patently Apple breaks down the Apple patent application that teaches new methods to convert a computer user's video game play into a "book, e-book, or comic book."

Apple Apps

How Do Inventions Come About?

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor..."  35 U.S.C. 101

A patent on an invention may not be obtained if the differences between the invention sought to be patented and the prior art are such that the invention would have been obvious at the time it was made to a person having ordinary skill in the art to which the invention pertains. Patentability shall not be negatived by the manner in which the invention was made. 35 USC 103

That last sentence basically means that if an invention came about because of many hours of diligent work and effort or in a flash with no effort at all it doesn’t affect whether it is patentable... even if invented by accident.

How Do Inventions Come About?

  • Identification of a problem
  • Finding a new way to solve the problem
  • Scientific method
  • Trial and error
  • Hypothesis
  • Accident

There are many products that were invented by accident that changed the world but here are examples of a couple interesting inventions that came about accidentally:

Accidental Invention – Popsiclepopsicle patent®

In 1905 an 11 year old Frank Epperson mixed some soda water powder and water, which at the time was a popular drink. He left the mixture outside overnight with the stirring stick in it. The temperature dropped to a record low that night and the next day Frank had a stick of frozen soda water. In 1923 Frank Epperson began a business producing Epsicles in seven fruit flavors. The name was later changed to the Popsicle®.

Frank realized the commercial possibilities of his invention and was granted a patent in 1924. By 1928, Epperson had earned royalties on more than 60 million Popsicle® ice pops. In 1998 Popsicle® celebrated its 75th anniversary and continues to be one of the top frozen novelty brands in America. The trademark is registered to Unilever Supply Chain, Inc.

Accidental Invention – Post-it Notes®

Post-it® Notes was actually the product of an engineering mistake by 3M scientists who accidentally stumbled upon an adhesive that could stick and be repositioned on just about any surface. Spencer Silver was working in the 3M research laboratories in 1970 trying to find a strong adhesive. Silver developed a new adhesive, but it was even Post-it Notesweaker than what 3M already manufactured. It stuck to objects, but could easily be lifted off. It was super weak instead of super strong.

Another 3M scientist named Arthur Fry was singing in the church's choir and used Silver's adhesive to coat his markers. Success! With the weak adhesive, the markers stayed in place, yet lifted off without damaging the pages. 3M began distributing Post-it ® Notes nationwide in 1980 -- ten years after Silver developed the super weak adhesive. Today they are one of the most popular office products available. 

 

Accidental Invention – The Slinky®slinky

In 1943 during World War II, Richard James an engineer in the United States Navy saw a torsion spring fall to the floor and flip-flop as he watched. James and his wife Betty James perfected a long steel ribbon tightly coiled into a spiral. They began production of Slinkys® out of 80 ft of wire in 1945 under the company name James Spring & Wire Company. According to one estimate more than 300 million Slinkys have been sold. In 1998, Betty James sold the Slinky to Poof Products, Inc.

Blawg Review #274

Welcome everyone to Blawg Review #274! Blawg Review is still the place to find out where the best law blogs are posted, and because today is the 20th anniversary of the Americans Disabilities Act of 1990 (ADA) I am going to share some informative and interesting stuff about the ADA. But I will also try to point your browser at a few excellently written posts by Blawgers.

Although the legal community may be thinking of other things on July 26, 2010 I thought I would let you know that this particular piece of legislation signed into law on July 26, 1990, by President George H. W. Bush advanced the rights of a large segment of the citizens of the United States of America. The ADA was enacted by the U.S. Congress in 1990 to "establish a clear and comprehensive prohibition of discrimination on the basis of disability."

Even though George H.W. Bush signed the act into law, it is Justin Dart, Jr., who is thought of as the “father” of the ADA. Stephanie Woodward, Transportation Systems Advocate commemorates this in a nice Center for Disability Rights blog post  A Short History of Justin Dart, Jr., “Father” of the ADA.

The protection of the rights of individual United States citizens has come a long way since John F. Kennedy was president, I believe that he was our moral compass and set this country in the right direction. 

We are confronted primarily with a moral issue, it is old as the scriptures and is clear as the American Constitution. The heart of the question is whether all Americans are to be afforded equal rights and equal opportunities? Whether we are going to treat our fellow Americans as we want to be treated?

"The ADA is kind of like our own civil rights act," said Rick McWilliams, program manager for the Westmoreland County Disabilities Task Force to Cody Francis of the Pittsburgh Tribune. "We liken it to the Civil Rights Act of 1964. We like to not only make people with disabilities aware but also increase public awareness that people with disabilities are like everyone else."

I don't think anybody really wants to be like everyone else. Today kids get tattoos so as to separate themselves from the crowd. But being separated from the crowd because of something negative is not what anybody strives for. I like the idea of taking pride in who you are, knowing that no matter the level of your ability you can help make society a better place. 

Jonathan R. Mook writes a comprehensive history how the act came about as well as how it evolved through the courts in the past 20 years in the Workers Compensation Law Blog:

This month, therefore, is a time for celebration of what has been termed the “declaration of independence” of individuals with disabilities. For far too long, individuals with disabilities had remained largely hidden due to discriminatory attitudes and misconceptions which prevented them from working, taking mass transit, going to theaters, museums, and restaurants, and other places where the public gathers.

There were many events to commemorate the ADA that occurred in the past week and are planned for today.

Seriousinjurylaw Blog  reminded us that The Christopher and Dana Reeve Foundation called on people to help it smash the Guinness World Record for the most wheelchairs in a moving line.

Disability pride parades were held this weekend in Chicago and San Jose. I think the idea of not hiding in the closet because you have any disability but to revel in who you are is wonderful. The theme in San Jose was "Say it loud, We're disabled, and we're proud."

A guest post for the Fehribach Group Blog Juli Paini, the director for the City of Indianapolis Office of Disability Affairs, says that "The ADA helped raise my comfort level talking about my disability, as well as the comfort level of the people around me.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of physical or mental disability. The ultimate goal of the ADA is to break down the stigma associated with people with disabilities and to "to promote equal opportunities for persons living with disabilities" in all major life activities such as:

  1. Employment: Employers may not discriminate against an individual with a disability in hiring or promotion if the person is otherwise qualified for the position. Employers must provide “reasonable accommodation,” such as job restructuring and modification of equipment when necessary.
  2. Public Entities: State and local governments must remove communication and physical barriers that restrict people with disabilities from using their services and activities.
  3. Public Accommodations (and Commercial Facilities): Auxiliary aids and services must be provided to individuals with hearing or vision impairments.
  4. Telecommunications: Telephone companies must provide telecommunications relay services for hearing-impaired and speech-impaired individuals 24 hours per day.

The Deaf News Today Blog has a nice breakdown of what The Americans with Disabilities Act covers and does not cover in Getting to Know.. ADA.

In a guest post at Disability Blog, Harvard Law school graduate, Carrie Griffin Basas, Esq. stated that

“When I asked Harvard if it tracked disability as a diversity category among alumni, and how I might reach others with disabilities, I didn’t receive a lot of support, let alone understanding. Why would we track disability? Isn’t that a bad thing, one we don’t talk about?”

Generally speaking, “Disability” under the ADA means a person with a physical or mental impairment that substantially limits one or more major life activities. While it is important that the act defines the term "disability" in the end it is just a matter of semantics.

FWD/Forward Blog FWD (feminists with disabilities) for a way forward has an ongoing FWD/Forward series called "Ableist Word Profile "in which they explore ableism and the way it manifests in language usage. Are you an Ableist?

What's in a name anyway? The term "retardation," once viewed as clinical and neutral, is now considered so demeaning that it required "Historic" legislation signed by Gov. David Paterson to remove the term "mental retardation" from the title of the New York’s agency “Office of Mental Retardation and Developmental Disabilities” and from anywhere in the state statutes and regulations. Now it is the Office for People With Developmental Disabilities.

You may be wondering by now why a patent and trademark attorney was asked to host Blawg Review. I lost my hand and part of my right arm in an accident in 1972. But I continued to participate in many sports. People that know me don't consider me disabled. But believe me there is a stigma with name calling as children and it carries over as discrimination in the job market and other areas of life when we become adults.

Although Rick McWilliams says he wants to be like everyone else, I think what he really means is he wants to be treated like everybody else. Click on the picture below and take a look at the video of me demonstrating how to catch and throw a ball with one arm with my daughter and let me know if you think I'm disabled or if you have an opening for me on your softball team.

a girl named pants

Are you disabled? Think of a number in your mind. How many times do you need to fall before you give up? What about Aaron Fotheringham? There is no number of times for this guy, he doesn’t know how to give up. Watch the number of times he falls in the beginning of this video and then go and get your in-line skates or bike and try to do what he does in the wheel chair. Not too many takers? I thought so.

What about just getting community-based services to help you bathe, dress and eat?

Michele Haddad, a 49-year old mother, was in a motorcycle accident with a drunk driver which caused a spinal cord injury that left her paralyzed. Michele needed community-based services for the bare necessities of life. The state of Florida would only provide her the services if she would first enter a nursing home for 60 days even though it would have been less expensive just to provide the services. Haddad’s lawsuit argued that by failing to provide community-based services to Medicaid-eligible individuals with spinal cord injuries who are at risk of institutionalization, the State of Florida violated the ADA because it would deprive her of her right to live in her community.

The ADA requires that individuals with disabilities be provided services in the most integrated setting appropriate, as determined by the Supreme Court in the landmark decision Olmstead v. L.C.

What do you do if you are refused access to a RV park because of your disability?

Charles Glover was undergoing treatment for late-stage non-Hodgkin’s lymphoma. He and his wife, Sylvia, were in the process of adopting their two-year-old foster-child, C.G., who was born with HIV. The Glovers reserved an RV campsite at Wales West RV Resort for the month of July. After one day in the park they were asked to leave because of their medical conditions even though no one else was put at risk.

The Justice Department’s Civil Rights Division filed a lawsuit against Wales West LLC, alleging that it violated Title III of the ADA when it unlawfully denied full and equal services. In January 2010, the Department and Wales West reached a settlement under which Wales West agreed to pay $36,000 in damages to the Glover family and $10,000 to the United States as a civil penalty. Wales West also agreed to adopt nondiscrimination policies at its RV resort and will annually train all staff on these policies.

While the Justice Department has had its share of success stories and Walter Olson's blog post at Cato@Liberty lists a few large monetary recoveries, he points out that it shouldn't be immune from criticism. Like any other well-intentioned act, there is no such thing as perfect.

Accessibility in the Digital Age

What we take for granted in the digital age is an obstacle for many with disabilities. With the high cost of print text books, colleges and universities nationwide are eliminating traditional print text and replacing it with electronic course materials. But in order for some individuals with disabilities to take full advantage of new technologies, those technologies must be accessible.

On June 30, Assistant Attorney General for Civil Rights Thomas E. Perez and Assistant Secretary of Education for Civil Rights Russlyn Ali jointly issued a letter to colleges and universities expressing concern over their use of electronic book readers that are not accessible, and soliciting the assistance of university leadership in ensuring that emerging technologies used in education are fully accessible to individuals with disabilities in the future.

This resulted in a series of settlement agreements that the Department of Justice entered with colleges and universities using the Kindle DX in the classroom as part of a pilot study with Amazon.com Inc.

The Justice Department is fully committed to ensuring that all individuals, including those with disabilities, have equal access to new technologies in the digital age. Samuel R. Bagenstos, Principal Deputy Assistant Attorney General for Civil Rights testified before the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties where he stated

“…access to the Internet and emerging technologies is not simply a technical matter, but a fundamental issue of civil rights. As more and more of our social infrastructure is made available on the Internet - in some cases, exclusively online - access to information and electronic technologies is increasingly becoming the gateway civil rights issue for individuals with disabilities.

What about pro-golfer Casey Martin, who was unable to compete at a high level of golf without the aid of a golf cart (which was prohibited by the rules of the Pro Golfing Association for tournaments). "Without the ADA I never would have been able to pursue my dream of playing golf professionally."

What about a simple thing like just going on a date? Here are some Quick Tips To Enjoy Disabled Dating Fun from The ZH Laywyer blog.

What about something as simple as walking up the stairs? AT Program News (ATPN) blog created to serve the common mission of the State Assistive Technology Act Programs bloged about how there  "Ain’t No Mountain High Enough."

"Twenty years ago this past spring, a group of ADAPT activists demonstrated the need for the passage of the Americans with Disabilities Act (ADA) by abandoning their wheelchairs at the foot of the United States Capitol and crawling up the steps that, at the time, afforded the only means of access to the legislative branch of the U.S. government.

This action, which is now an iconic part of U.S. civil rights history, was just one of a series of protests the group organized that week in D.C. As with previous civil rights movements, protesters were arrested for acts of civil disobedience; unlike scenes typical to earlier movements, however, the authorities had trouble carrying out their law enforcement obligations. At the time, few court houses, jail cells, or even elevators were accessible to law-breakers with disabilities.

See Tom Olin's photo of ADAPT members climbing the Capitol steps at DisabilityMuseum.org

One of the things you should note when you go to AT Program News (ATPN) blog is that there's a gadget to click labeled "listen now. "

I guess I should apologize to all the disabled readers that need this in order to participate in Blawg Review and read my blog. I will look into having this technology added to my blog.

In case you're wondering the construction of the U.S. Capitol began in 1793 and since that time, the U.S. Capitol and its stately dome have become international symbols of our representative democracy. But as a result of ADA people with disabilities have equal opportunities to visit.  

 

So you don't want to climb a mountain? What about being prevented from crossing the street because the curb is too high? Take a look at Media dis&dat blog where they are changing landscape of disability “news.”

Nearly five years after a federal judge ordered the City of Detroit to comply with the Americans with Disabilities Act by installing curb ramps at intersections, several streets still have not been fitted with properly constructed access ramps."

Some businesses and building owners wrongly believe that “we are ‘grandfathered in’ so we don’t have to do anything to make our buildings accessible." But  Kyle Glozier posted on the Center for Disability Rights Inc. blog that they may do less than what’s required for a newly constructed or significantly renovated building, but they are still required under Title III of the ADA, that ”Public Accommodations Built Before the ADA Must Make Readily Achievable Access Improvements.

Dog Law Reporter blog reported that the U.S. Supreme Court held that ADA requirements regarding disabled passengers applied to a foreign-flag vessels, so if you want to go on the cruise and your dog is considered a service animal you are covered under the ADA.

Unfortunately, the ADA does not guarantee access for emotional support animals in public places. The ADA and other federal and state laws do, however, support the right to emotional assistance animals in housing according to the Animal Law Attorneys blog.

It must be difficult to figure out what you can do and what you can't do to make sure you are in compliance with the ADA. That's why employment law blog posted a link to an online tool to help you figure out the dos and don'ts of the act entitled DOL Offers Disability Law Advisor Tool Online.

Because of the ever changing landscape in electronic technology, the Department of Justice announced Plans to Prepare a New ADA addressing:

  • the accessibility of websites,
  • the captioning and video description in movies shown in theaters,
  • accessible equipment and furniture, and
  • the ability of 9-1-1 centers to take text and video calls from individuals with disabilities.

Review of Other Blawg Posts

Well I guess that's enough of the ADA regulations for one blog post. There were some pretty good blawg posts this last week to review.

Intellectual Property (Patents, Trademarks, Copyright)

Starting with Erik Heels post about the Supreme Court decision in Bilski versus KapposA Mere Mortal's Guide To Patents Post-Bilski (Or Why §101 Is A Red Herring). God I wish I posted this one. Great job Erik! This post concludes the Supreme Court blew a chance to define what is patentable method of doing business, instead all we end up with is a bunch of questions.

I think that by simply ruling an abstract idea is not patentable (presumably including any business method) whether or not it (1) produces a useful, concrete, and tangible result, (2) is applied in a useful way, or (3) is reduced to a practical application may allow many legitimate new internet based methods of doing business go unprotected.

Doesn't the Supreme Court understand that many abstract ideas (such as virtual ways of doing business on the Internet) aren't tied to any machine or transformation?

Patently-O  has a nice 3 part series Patenting by Entrepreneurs: The Berkeley Patent Survey (Part I of III) where Guest Posters Robert Merges and Pamela Samuelson, UC Berkeley School of Law and Ted Sichelman, University of San Diego School of Law answer the question "Why do entrepreneurs and startup companies file for patents?"

Legal Tech (iPad etc)

In Technology’s Effect on the Legal Profession, by Law Sites Blog, he looks back at some old stuff… right now writing this I feel enslaved but I do hope to feel empowered by the time I’m done.

What electronic portable electronic device do you bring to work with you? When Everyone Has Their Own Smart Phone, What Does That Mean for the "Workplace"? It means that today's companies should know that the firewalls on the workplace computers will not keep them "protected" from social media.

Do you think you can anonymously make comments on a blog or on an Internet webpage regarding a product ? Well you better be careful what comments you make on the Internet because as the Citizen Media Law Project will tell you in Internet Anonymity cases the federal courts have recently created an expansive category of "commercial speech" which is not entitled the same freedom of speech protections afforded to US citizens in the Constitution.

JD Supra Powers New LinkedIn Legal Updates, JD Supra content will now be seamlessly integrated into Linkedin. I haven’t tried this but it looks promising. I think I’m going to play around with it if I ever finish this Blawg review.

Flipboard Wades Into Murky Copyright Waters Where Google Lives points out Flipboard as a cool app for your I-pad, but does it violate copyright law?

Getting Files into the Cloud from your i-Pad is a great blog because of the practical tips it gives on how to make your i-Pad more productive.

Other Interesting Stuff

In the Blog of Rights post entitled Our Secret Security Establishment: the Big Picture, Jay Stanley tells us the government is spending $75 billion to obtain information and that much of  the information is obtained in violation of our civil liberties. As usual the US government is drowning in a sea of information..."it is no exaggeration to say that our secret intelligence establishment has spun out of control."

I hope we don’t get nuked while the government protects Shrek, but if you want laugh at or cry about what the government is doing take a look at Department of Homeland Security Deploys Ogre-Protection Force.

The Influence of Law Blogs (2006-Present) gives blawgers evidence of their relevance in solid numbers. In fact you can download an excel spread sheet of all law blogs that have been cited in law journals since 2006.

Getting into blawging late in the game, I ‘m still trying to wrap my head around what it is all about.  Kevin O’Keefe calls it “sipping from the fire hydrant.” But I think Kevin’s got it right when he says it’s all about Relationships. I met Kevin in Toronto this past December when I started on this Social Network path and I understand why he is such a success, I feel as he is a friend I’d like have beer at a Cubs game with, because I know he will help me succeed and he's a cool guy. Relationships is again the reason Why blogs ought not drive traffic to your law firm's website.

Please comment on this post if you would like expand your network of relationships...I will reply.

Now  I would like to "handoff" the baton to the next host of Blawg Review, this month's host of Carnival of Trust, Charlie Green, author of The Trusted Advisor, at his blog Trust Matters. Good luck.

Blawg Review has information about next week's host, and instructions how to get your blawg posts reviewed in upcoming issues.

Blawg Review #274 on July 26th

I'm scheduled to host Blawg Review to mark the 20th anniversary of Americans with Disabilities Act (ADA) on Monday July 26, 2010.

Blawg Review is the blog website for everyone interested in law blogs.  "A peer-reviewed blog carnival,"  where the host of each Blawg Review decides which of the submissions and recommended posts are suitable for inclusion in the presentation.

Please submit blogs that can be used in the blog review by just leaving a comment here! Thanks.

- Posted using BlogPress from my iPad

 

Location:Buffalo, New York United States

The USPTO Has A Facebook Page

The official United States Patent and Trademark Office (USPTO) Facebook page promises to deliver the latest USPTO news, photos and videos.facebook uspto

Through Facebook the USPTO will directly connect with the public and the intellectual property community.

According to David Kappos the USPTO’s Facebook page is meant provide

“a place where users can tell US what YOU think. Users are encouraged to comment on our posts and tell us what you “like” and “dislike” about to the USPTO."

The Invent Blog reported that under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos said:

“Technology has profoundly impacted the way we all consume information and communicate with one another... “I’m confident our Facebook presence will complement the USPTO Web site as a means of communicating and connecting with the public and our stakeholders in the intellectual property community.

With more than 400 million people on Facebook, we knew it was an important place for us to be.”

USPTO Director David Kappos welcomes Facebook users with the following message:

Welcome to the USPTO’s page on Facebook! We're excited to be launching this forum to communicate with you and share the latest news from the USPTO. We know thousands of innovators, members of the intellectual property practice community, and USPTO employees are active on Facebook, so we’re pleased to be able to bring information and updates to you here...

Check back here daily, as we will be providing regular updates including press releases and other news, details on upcoming events, speeches, updates from my blog, photos, video, fun facts and more. Just like checking your Facebook page, we hope visiting our page will become part of your daily routine.

The USPTO’s Facebook page is a supplemental page to the official USPTO web page. It makes you think, doesn't everyone need a Facebook page? I enjoy connecting  with over 1000 long lost friends from the good ole days at my  Vincent LoTempio facebook page and I launched a page for my law office at Kloss, Stenger & LoTempio, although  I have to admit there has not been much action there. But I love this social networking. Everyone is getting involved.

Sony Patent Application: Preview of InteractiveTV?

Tweet of the week

Thanks to Innovator, Consultant, Strategist, Emerging Media, Social TV, Canadian Expatriate Richard Kastelein for tweeting @expathos this week about a Sony patent application that may give us a preview on how viewers could interact with their TVs. What is the future TV of and TV apps?

We all know that one day the computers and TVs will be the same; there will be central location in your house that will control all your entertainment from movies, games, music, internet and the television. But who will bring us there first? Will it be the Sony  'Smart TV'?

Richard Kastelein reported for appmarket.tv that Financial Times (FT) and the google tvUK Times said that Google and Intel are expected to announce Google’s I/O conference on May 19th, in San Francisco a significant breakthrough into consumer electronics and the broadcast industry with the launch of a “Smart TV” platform.

“The technology is allegedly powered by Android and Intel's chips, and will make Sony televisions and even Blu-ray DVD players function like computers, running Google's search, Chrome Web browser, YouTube and other programs.

Kastelein thinks that this smart TV will be a windfall for the App industry, he quoted Julie Jacobson

"...that by 2015, more than half of all TVs shipped worldwide will have a network connection - and seven out of ten of those units will ship with an embedded app platform and app store, according to a new report from Gigaom Pro called, “TV Apps: Evolution from Novelty to Mainstream” (subscription required)."

Janko Roettgers authored an article for newteevee.com "Is This the Sony Smart TV?"  And Paul Johnson of appmarket.tv wrote an article "Google TV - Does Sony patent give us a view on how viewers could interact with their tv's?"  Both are of the opinion that a recent Sony patent applicattion entitled NETWORK MEDIA PLAYER WITH USER-GENERATED PLAYBACK CONTROL(.PDF) may be the basis for the announcement.sony smart tv patent

The patent application essentially describes a network media player able to generate and consume XML-based metadata for programming from any source, including over-the-top, local media and cable TV. This type of metadata would then be stored on a central server and exchanged between users through social networks, or made available by broadcasters or other entities.

 

Here is a excerpt from the patent application:

It is desirable to provide a mechanism to create, use, and/or share different playbacks of television programs and other sensory works. For example, it is desirable to provide an individual who has recorded the Super Bowl only to watch the commercials with the ability to playback his recording of the Super Bowl on his PVR such that only the commercials are shown. Similarly, an individual who has recorded the Super Bowl only for the football may desire to only see each football play during playback. This [patent application] discusses techniques and systems that may be used to create metadata or the like that controls or varies the playback of a sensory work, such as, a television program.

It also gives a hint as to how big business will profile the American consumer and narrowly direct advertisements at a specific communities. The next step will be to direct ads at a specific household or individual. Talk about "big brother" getting closer to reality. Take a look at this:

In some instances, it may be desirable to insert additional information, video, audio, and the like, during the playback of a sensory work. For example, a user may desire to insert media from another source, from another segment within the same source, or to insert new data. One implementation of this technique would be to insert profile-based advertising during playback. For example, during the playback of the Super Bowl, viewers may be shown advertisements based on demographics or any other information available. Thus, viewers living within one census block group may be shown a Lexus advertisement, while those in another census block group may be shown a Toyota advertisement.

What are you able to afford? The Lexus or the Toyota? So will big business/brother show the Lexus to you or just to your rich brother?

"Burger King" Steals McDonald's McMuffin Recipe

How do you protect your intellectual property? What is intellectual property? Is a special sandwich that you make better than anybody else intellectual property? Imagine you are the owner of a new restaurant who has created a new edible masterpiece. And subsequently, to your surprise, you discover that a copycat sandwich is being made across the street, without your permission.What do you do? What are your remedies? Egg mcmuffin

In a new television commercial, Burger King's mascot breaks into the headquarters of McDonald's and steals the recipe to the Egg McMuffin.

I don't think they can register the work with the U.S. Copyright Office and obtain a certificate of copyright. Can they file an application for patent registration of the sandwich structure?

Remember for something to be patentable subject matter it must be a new, useful and a non-obvious improvement over something that's already out there. You don't see too many patents on food recipes and sandwiches. Maybe a design patent (.PDF), but I doubt that will give them much protection.

It may be argued that the business conduct of Burger King in this instance is actionable under federal unfair competition provision of the Lanham Act. While the Lanham Act, in general, focuses primarily on obtaining, maintaining, and enforcing trademark and service mark rights, Section 43(a), allows for suits for false designation of origin. But I don't think there is a false designation, Burger King comes right out and says we're making our own version of this old sandwich.

And it's not a copy of a trade secret (like the McDonald's special sauce) so I don't think there's any grounds for McDonald's to bring a suit. There is probably not much McDonald's can do to stop Burger King from making their version of the egg McMuffin.

 

 

What is protectable is the brand name or the trademark. What Burger King is tacitly saying in this clever breakfast commercial is that, McDonald's doesn't own the rights to eggs, sausage, cheese or English muffins. McDonald's owns the trademark "Egg McMuffin(.PDF)."

John DeVore, recently wrote a Special article to CNN entitled "Big burger boys burgle breakfast." about the commercial showing how Burger King's new BK Breakfast Muffin Sandwich's is just a copy of the classic Sausage McMuffin.

But are McDonald's executives upset with this campaign? Have lawyers been rallied and accusatory calls been made?"We haven't received any direct feedback from competitors," said Brian Gries, Burger King's vice president of marketing impact. Gries further defends his company's choice to be up-front about the similarities between the BK Breakfast Muffin and the McMuffin, saying, "We are not above taking a product that we know customers like and delivering it to our guests at a great price."

I love the guile of Burger King making a full admission in the commercial that they are copying this sandwich. I would love to see the internal memos from the lawyers arguing about whether or not they should allow this commercial to air. It is not like McDonald's has not been involved in a number of lawsuits involving trademark issues in the course of its history. But I think if McDonald's brings a lawsuit in this instance it would fuel of a lot of bad press and they would have little chance of success.

President Obama tells the banks, "show me the money"

Tweet of the week

Thanks to @BarackObama for tweeting this week about a fee that would recover every penny loaned to Wall Street during the financial crisis and stop the reckless abuses that nearly caused the collapse of our financial system.

Do you think the American people will ever see any of that money again? I think the big financial firms are going to push through the massive bonuses. We'll see.

obama tweet

Amazing And Weird Future Inventions

Take a look at this new invention... will it replace gas powered cars or cure cancer?

FIRST LEGO Robotics Project

Congratulations and Happy New Year, to Peter Carosa a 7th grader at the Honeoye Falls-Lima Middle School in Western New York who recently e-mailed me regarding his role as member of Gearfreeze, the robotics team which won the regional championship of the fifth annual Finger Lakes FIRST LEGO League Tournament hosted by the University of Rochester on December 6th, 2009. FIRST is the acronym For Inspiration and Recognition of Science and Technology.FIRST LEGO

Thirty six teams of children ages 9 to 14 competed with robots that they designed and built out of LEGO.

For the competition, each team designed a robot out of the classic plastic building blocks and performed a variety of tasks such as navigating to difficult-to-access places and retrieving objects in a 4-by-8-foot arena speckled with obstacles.

In addition to the robotic portion of the contest, the team gave a presentation, on the year's theme: transportation. The contestants were asked to pick a real-world transportation challenge, research it, and draw up a poster, skit, or other demonstration. Peter describes his team’s presentation:

"Our project is that GM fuel cell cars produce H2O in a warm gas and liquid form and emits it. This can cause black ice, because of our climate, and pot holes. This will cause accidents. So my idea during one of our brain storms was to make a pumping system to pump the water emissions to the windshield wiper reservoir."

The 36 teams which qualified to compete at the regional contest at the University of Rochester, first had to prove their engineering and communication prowess at one of six preliminary qualifying events at different locations around Western New York, where the field was winnowed down from a pool of more than 100 teams.

As winners at the regional championship they will travel to Atlanta, Georgia in April 2010 for the World Festival, where they will meet teams from more than 50 countries. Good Luck to Peter and his team!

Exponential Times

We are living exponential times.

Did you know? Technologies are changing so exponentially fast the stuff freshmen and sophomores are learning in school today will be obsolete before they graduate in two years.

Did you know?  It took radio 38 years, television 14 years,  the Internet 4 years and Facebook only 2 years to reach an audience of 50 million people.

 

 

Where are we headed? Share your thoughts in the comments below

"On Target" with Penny Wolfgang

I got the opportunity to be a guest on the "On Target" radio talk show hosted by Judge Penny Wolfgang on Buffalo Entercon Radio (WWKB, WWWS, WLKK, WKSE, WTSS).

I really had a great time in the studio recording the half-hour discussion about IP Law. Penny Wolfgang is truly a marvelous interviewer and host. I think she could make any topic interesting. We discussed many of the things an inventor should be aware of regarding patent, trademark and copyright law.

I have to share with you my experience walking into the studio, I ran into a great ambassador for Buffalo, my friend, classmate from St. Joe's high school and now client, the Buffalo "Wing King" Drew Cerza.

As we're walking into the studio we met and shook hands and said, "What are you doing here?" And we both answered, "I am here to do a radio talk show with Penny Wolfgang." Each of us thought maybe we wrote down the wrong day that we were supposed to be a guest on the show. As it turns out two shows were scheduled to be recorded back-to-back. We had a good laugh.

Since Drew's interview was recorded first I got a great opportunity to listen to the President of the Buffalo Niagara Convention & Visitors Bureau talk about all the great things that are happening in Buffalo today. I couldn't help thinking that what makes a place great are the people who live there and people like Penny Wolfgang and Drew Cerza certainly make Western New York a better place to live.

Drew is no stranger to protecting his intellectual property rights. He has registered his mark for the National Buffalo Wing Festival, National Hamburger Festival and his moniker known by one and all across the country the "Wing King.

For specific times on when Penny's show airs, see after the jump.

Continue Reading...

Awesome gifts for innovative minds this holiday season

This holiday season we would like to share some ideas of the best gifts for the patent people and inventor types on your list.

What interesting stuff would a creative innovative mind like?

Take a look: 

 

 

Apple iPod touch 8 GB (3rd Generation) NEWEST MODEL

 

iPod touch is an iPod, a pocket computer, and a portable game player. Listen to music. Watch a movie. Surf the web. Check your email. Get directions with Google Maps. Discover addictive games and apps. The iTouch is the iPhone's brother without calling capabilities. The only catch is that this brother lacks AT&T's backing so unless you want to become better friends with your local Starbuck's employees while you mooch off of their free wireless every time you want to check your email or check a YouTube video, I'd spring for the iPhone. 

 

 

Kindle Wireless Reading Device

The Kindle is as thin as a magazine, fitting perfectly in your hands. It can hold up to 1,500 books and weighs 10.2 ounces. Just to put that into perspective, your cell phone probably weighs between three and five ounces. With the Kindle you can bookmark and easily take notes. It also has a helpful dictionary app, so there's no need to grab that dusty book off the shelf again or rather pull up dictionary.com. 

I think it would be really wonderful to take my entire library with all of its options on a road trip with me or on the subway to work, but if I'm sitting at home I'd rather turn pages then click to open them. 

 

Omron HJ-112 Digital Pocket Pedometer

Walking with a classic pedometer can be exceedingly annoying with its obnoxious click-clack noise wherever you go and its tendency to slip off your belt loop crashing to ground, losing your daily millage. The Omron HJ-112 Pocket Pedometer is an advanced, high-tech pedometer that- Hallelujah! Dual sensor technology!- can be carried in your pocket or bag.

Of course you can be lame and hook it to your belt loops like the classic pedometer. But now your loved ones can just drop this stress-free gift in their purses or pockets and ponder the lengths of your thoughtfulness.  Not only will it measure your steps but the calories burned during your workout, as well as the total distance you've traveled.

 

StressEraser Portable Biofeedback Device 

The StressEraser is perfect for your, quite obviously, stressed out family members. It fits right in your pocket and is drug-free and non-invasive. It uses a finger sensor to convert your pulse into a wave form.

This wave guides you to synchronize your breathing with your heart rate cycle. Weird, huh? But we all know that slowing down your breathing can slow down your heart rate which in turn helps you relax. So it makes sense that this little gadget works so well. 

 

 

8GB DVR Spy Pen Video Recorder Camcorder Camera Drive

 

If you claim that you didn't want to be James Bond at least one time in your life, it's probably safe to say you're lying. This pen doubles as video and voice recorder, and how can you say that that's not cool? Obviously the video quality isn't exactly Stephen Spielberg, but this whimsical gift is still worth it if only to satisfy the spy in you.

 Along with the one I'm thinking of purchasing for my nephew, I might even buy one for myself. Just call me Bond. James Bond.

  

 

"World's Smallest" GPS Tracker

 

This is the world's smallest GPS tracker at 2 inches wide and 1 inch thick. Trying to find your car in a mall parking lot the size of Rhode Island, this baby's a godsend- that is you can find it cheap. At the prices I've been seeing, I think I'm going to wait for the post-holiday sales and in the meantime I'll just set off my car alarm and follow the sound.

 

 

Coby DP-882 8-Inch Digital Photo Frame with Built-In MP3 Player

 

This photo frame not only displays a slide show of pictures, but can also play music with either its MP3 compatibility or USB port to attach iPods or stereos. It has a high resolution LCD screen, internal speakers and even headphone ports.

I think that giving this frame already filled with photos and music is a heartfelt gift with a homemade feel. Plus its a lot less mess and hassle than making a scrapbook.

Tweet of the Week @ipdotcom

Thanks to @ipdotcom  for tweeting this week about the Internet's birthday.

And linking from thier Twitter stream @ipdotcom to this very interesting YouTube video giving us an insight of Internet pioneer and UCLA computer science professor Leonard Kleinrock about the meager beginnings of the Internet.