Halloween in Iowa

I have heard Iowa is much different than other parts of the country in that we require children to actually tell a joke before receiving their treats. I have actually seen jokeless children walk teary-eyed and empty-handed away from homes. In deference to those disappointed children, I offer you two treats without requiring any type of performance from you.

Now, here is one of my favorite Halloween jokes along with one of my favorite patents. The joke is:

Q. What is long brown and sticky?
A. A stick

And this is the patent. Although the patent ostensibly covers an animal toy, comprising:

a solid main section having a diameter and a longitudinal length and extending a predetermined distance along said longitudinal length; and
at least one protrusion attached at one end thereof said main section and extending a predetermined distance therefrom and wherein said at least one protrusion includes a second longitudinal axis that is not in parallel alignment with a first longitudinal axis of said solid main section; and
wherein said animal toy is adapted to float on the water.


The patent actually covers a stick. Kudos to the patent lawyer capable of convincing the United States Patent Office of the novelty and non-obviousness of such a device. I bow in the face such patent prowess.

Brett Trout

Other Related Topics:
Patent, Patent Lawyer, Iowa

Publishers Want to Have Their Google and Eat it too.

According to Legal IT, newspaper group Copiepresse, a consortium of top German, French and Belgian publications, is embroiled in a love/hate lawsuit with Google. The consortium argues that by directing people past home pages, containing the majority of the consortium's advertising, Google is costing Copiepresse revenue. Copiepresse is also upset that Google caches, or stores, old Copiepresse stories, undermining the consortium'’s ability to charge readers for access to the archived content. Copiepresse argues such caching constitutes copyright infringement. Google argues it's use is fair use.

Last month, a Belgian court ruled against Google, primarily because Google, alleging it was unaware of the suit, failed to defend itself. This case is particularly interesting because, since 1994, Google has allowed content providers to "opt-out" of Google indexing by placing the phrase "NOARCHIVE" in the page code. Copiepresse argues that they do not want to exclude their content from Google, but instead want Google to pay for the privilege of indexing Copiepresse content.

In the United States, such arguments have fallen on deaf ears. While the Copiepresse case will likely settle, the parties have only until November 23rd to resolve their differences, before the court takes the decision out of their hands. If the court, rather than the parties, decides this case, it may change the face of search engines forever.

Brett Trout

Other Related Topics:
Google Fair Use Copiepresse Copyright Copyright Infringement

Recycling + Fashion = Novel Purses

Just in time for holiday shopping. Des Moines area (Indianola actually) lawyer Katie Byers has invented the perfect solution to your gift-giving dilemma. Whether you are shopping for a corporate lawyer, in-house lawyer, or even a patent lawyer, Novel Purses fits the bill. Last week I judged mock trial with Ms. Byers, where my alma mater beat out dozens of other teams to advance to state. I noticed her unique purse right away. Although I rarely notice women's purses, the patent lawyer side of me could not help but stare (yikes, am I that nerdy).

Describing herself as a recovering lawyer turned stay-at-home mom, Ms. Byers told me that she has started a business converting old case law reporters into new purses. She also recycles medical texts, cook books, tax codes, or any other book you may want. In addition to being the perfect gift for the lawyer, doctor, nurse, chef, accountant, teacher, or librarian in your family, Novel Purses helps keep old books and fabric remnants out of our landfills.

Due to the unique nature of Ms. Byers' Novel Purses, the supply is obviously limited. If you would like to have one by Christmas, better get on the stick and order soon. You can then sit back and enjoy accolades from the recipient of your gift and the satisfaction that you are helping make the world a "cleaner, greener, prettier place--one purse at a time."

Brett Trout

Other Related Topics:
Entrepreneur
, Des Moines, Iowa, Novel Purses, Gifts

Top Ten Ways to Make Money with Your Patent

You have the best invention in the world. You have thebest patent lawyer in the world. And know you have the best patent in the world. So where is the big payday? A great invention and a great patent are simply two of the factors that make up the equation for entrepreneurial success. Probably the most important factor is the marketing.

Given the choice, I would rather have a great marketing plan and a terrible invention than a great invention and a terrible marketing plan. The problem is that most of the patent lawyers out there offering to get you a patent can probably get you a patent. Unfortunately, most of the marketing companies out there offering to make your invention a success are probably unlikely to make you more money than you spend with them.

So how do you embark on the great marketing adventure? While there is no one key to success, there are several things you can do to increase your odds. The following, non-exhaustive list of things easier said than done, however, should get you started:

10) Invent something people know they need right now.
Most new inventors invent something cool they think people will want. If you have to convince them they want it, you might want to think about inventing something else.

9) Develop an invention in response to a request from a manufacturer.
Manufacturers often run contests to develop new products. Even if the manufacturer is running a contest, it will still be very difficult. Even if they do not select your invention, you may get your foot in the door and develop a relationship that may be valuable down the road.

8) Develop contacts in the relevant industry.
Despite what you might think, inventing the next great product is probably not enough to get you in front of a manufacturer. Use your contacts to get in front of the decision-makers.

7) Find a trusted and experienced business advisor.
You are an inventor. Unless you have run a business in the past or have an MBA, you are probably not the best person to develop a marketing strategy for your invention.

6) Talk to other successful inventors.
Successful inventors are probably the best resource for the DoÂ’s and DonÂ’ts of marketing your invention. Since your invention is different than theirs, try to talk to several different inventors.

5) Join an inventors and/or entrepreneurs http://bizblender.blogspot.com/group.
While this will likely not directly translate into sales, it should develop your network and give you some of the basics about the invention and marketing process.

4) Stay away from disreputable invention marketing companies.
If you ever find one with more than 50% satisfied customers, please let me know.

3) Do not give up.
For most inventors, inventing is the fun part, marketing is the hard part. Although it may be long, costly and boring at times, a good marketing strategy is probably much more important than a great invention.

2) Be at the right place, at the right time, to talk to the right person.
Since you never know when this might be, get out there. Meet people and tirelessly promote your invention to as many potential manufacturers as possible. Rely on your business advisor to make sure your first impression is not your last.

1) Be very lucky.
I simply cannot overemphasize this last point enough. Good Luck!

Brett Trout

Other Related Topics:
Entrepreneur, Inventor, Invention, Marketing, patents

Blog Talk With a Des Moines Patent Lawyer

Whether you are a patent lawyer looking to heckle a colleague, an internet entrepreneur looking to skyrocket a new company to the top of the search engines or just someone looking to increase your online exposure, come see me in Des Moines. I will be speaking on blogs in and around the Des Moines area several times over the next few weeks. Stop by and say "Hi" if you get a chance. The first person at any of these events to come up to me and mention they saw this in my blog will get a signed copy of my book Internet Laws Affecting Your Company.

Here are just a few of your many opportunities to see a free range patent lawyer waxing philosophic on the wonders of the blog and other equally scary topics:

What: YBlawg Seminar hosted by Lawpportunities
Where: Hilton Garden Inn, Johnston, Iowa
When: 8am-5pm November 10, 2006 (Brett Trout will speak with Rush Nigut)
Topic: Starting Your Free Blog and Taking it to the Top of the Search Engines
More info

What: The Polk County Bar Association General Practice CLE
Where: Marriott Hotel 700 Grand Avenue, Des Moines, Iowa
When: 8am-5pm November 17, 2006 (Brett Trout will speak at 11:15am-11:45am)
Topic: Why Blawg?
More info

What: Iowa State Bar Association -– eCommerce Section
Where: Hilton Garden Inn, Johnston, Iowa
When: 8am-4pm December 1, 2006 (Brett Trout will speak at 1:30pm and at 3pm)
Topic: Online Copyright Issues and Blog Ethics
More Info

What: Find it Fast and Free on the Internet
Where: Holiday Inn, Downtown 1050 Sixth Avenue, Des Moines, Iowa
When: 9am-4:40pm December 18, 2006 (Brett Trout will speak at 9am-11:30am)
Topic: Strategies for Legal Research on the Web
More Info

What: Legal Ethics: Solutions to the Most Common Challenges
Where: Holiday Inn, Downtown 1050 Sixth Avenue, Des Moines, Iowa
When: 8:45am-noon December 21, 2006
Topic: Legal Ethics
More info

Sorry, no patent lawyer ribaldry, but maybe if enough of you come to these seminars and beg, I could possible be convinced to do some hand puppets or recite pi to 142 places (your call).

Other Related Topics:
CLE, Lawpportunities, YBlawg, Iowa, Blawg

Brett Trout

Bring DVD Bootleggers to Justice

What do you do if you find you have unwittingly purchased a bootleg DVD? Contacting a internet lawyer may be an option for internet fraud involving large ticket items. For smaller items, like DVDs, however, there are several things you can do on your own.

First, contact the seller. Explain that you believe they sent you a bootleg DVD and ask them for an explanation. It may help to identify exactly what about the DVD leads you to believe it is a bootleg. Request that if they can not explain the apparent bootlegginess of the DVD, that they should immediately send you a refund for the price you paid AND the shipping.

State that if you do not hear back from them in three days, you will assume it is a bootleg and proceed with protecting your rights in that regard. It is important that you NOT threaten criminal action in an attempt to gain an advantage in a civil action. This is illegal. Simply ask them why the DVD appears to be a bootleg and request a complete refund.

If the seller provides an inadequate response, refuses to answer and refuses to provide you with a complete refund, you may investigate taking one or more of the following actions to prevent the seller from defrauding anyone else:

1. File a complaint with the auction site through which you purchased the DVD. If you used eBay, begin the process here. Note that the eBay dispute resolution process has a lot of requirements relating to time for response and required actions. Read the associated eBay policies thoroughly before opening a dispute to avoid any problems. If the dispute is not resolved to your satisfaction, leave feedback stating what you KNOW. Avoid any unverified claims in your feedback that could expose you to a lawsuit for defamation.

2. File a complaint through the payment system you used. If you used PayPal, you may have to complain to PayPal FIRST, before filing a complaint with your credit card company to avoid having your PayPal account compromised. Check out the PayPal Dispute Resolution Tutorial for more information. Be aware of deadline dates for both PayPal and your credit card company. If you go past either of these dates, you may be out of luck.

3. File a mail fraud report through the United States Postal Service.

4. File a fraud report with the National Fraud Information Center.

5. Report the Bootlegger to the FBI Internet Crime Complaint Center.

6. Since bootlegging is copyright infringment, report the bootlegger to the Motion Picture Association of America.

7. Finally, let me know. I am keeping statistics on DVD fraud and would like know how you resolved your situation.

Brett Trout

Other Related Topics:
Bootleg, DVD, Counterfeit, Pirate, Internet Crime

Did I just buy a bootleg DVD?

Suppose all you have is the DVD itself, no case, no idea where it came from. Can you tell if it is a bootleg. Perhaps. The following rules, although not definitive, should give you some idea as to whether you have an illegal bootleg DVD in violation of federal copyright law.

1) Is the art on the disc printed onto the disc or merely a sticker?
Most major DVD releases have the artwork printed directly onto the DVD
2) Is the artwork blurry?
While a few major DVD releases, blur the artwork for effect, bootleg artwork will often look like a very poor photocopy.
3) Is the play side of DVD is blue or purple?
This usually indicates a very cheap DVD-R bootleg copy.
4) Are there any extras on the DVD?
Most recent major release DVDs have extras, such as deleted scenes, director commentary, filmographies etc. Be aware, however, that some bootlegs have these as well and some legitimate releases do not.
5) Is the menu generic?
Major release DVDs typically have a menu designed specifically for the movie.
6) Is the picture quality poor?
If the bootleg has been recorded in a theater or copied from a VHS tape, the quality may be very poor. Otherwise, the lower quality may only be apparent in a frame by frame comparison with a legitimate copy.
7) Does the DVD have Asian subtitles or an Asian audio track?
Unless the movie is Asian or Asian themed, this may indicate the DVD is a bootleg.
8) Does the Movie run with a footer stating that DVD is not for sale?
If so, you may be watching a screener still owned by the studio or a copy of a screener.


Brett Trout

Other Related Topics:
Bootleg, DVD, Counterfeit, Pirate, Copyright

Did I just buy a bootleg DVD?

Can you tell if your DVD is a bootleg just from the case? Sometimes. Here are some clues that your DVD may be an illegal bootleg:

1) Is the cover art different than retail version?
Most popular legitimate DVDs have several versions of the cover art. If the cover art is different than the copy at your local store, however, you should investigate the reason.

2) Is the cover art blurry?
Most legitimate DVDs have crisp cover art. Bootlegs often have blurry, low quality photocopied cover art.

3) Does the cover state "Region 0" or "dvd9" or "dts"?
While most legitimate DVDs are dvd9, many utilize dts and a handful are Region 0, few, if any state as much on the cover.

4) Are there misspelled words on the cover?
Misspellings are very rare on legitimate DVDs.

5) Is there an insert?
As some legitimate DVDs do not come with an insert, check to be sure the legitimate version of the DVD you are interested in comes with a DVD.

6) Does the cover list an MPAA rating?
Unless the DVD specifically notes it is an "unrated" version, the legitimate version will likely contain an MPAA rating.

7) Does the cover plastic has a translucent repeating star design?
A repeating, ten-pointed, one-inch diameter translucent star design is indicative of a bootleg DVD. Beware of any cover plastic different from the version available in the local store.

8) Is the case noticeably thinner than standard case?
Bootleggers often use cheap cases which are noticeably thinner than standard "clamshell" cases.

9) Are there Asian characters on cover?
Unless there is a specific reason for the Asian characters to be there, the DVD is likely a bootleg.

10) Does the cover state the DVD has Asian subtitles?
Unless the legitimate version has Asian subtitles, the DVD is likely a bootleg.


Brett Trout

Other Related Topics:
Bootleg, DVD, Counterfeit, Pirate, Copyright

Bootleg DVDs and Online Auctions

Listed below are some signs that an online auction seller may be trafficking in bootleg DVDs in violation of federal copyright laws. Remember, while most bootleg DVD auctions exhibit one or more of these signs, some of these signs might be present in a perfectly legitimate auction. By the same token, there may be a bootleg auction which does not exhibit any of these signs. The following are simply things that may indicate a little more investigation may be in order before making a purchase.

Signs an online DVD auction may be for a bootleg DVD

Contact the seller and ask them directly if the DVD us a bootleg or import.
If they do not respond or respond with anything other than an unqualified "No" you should probably pass.

Does the seller have negative feedback stating seller sells bootlegs?
1-2% of feedbacks stating the seller sells bootlegs should be enough to indicate a potential problem.

Does the seller have less than thirty positive feedbacks and/or has only been a registered member for less than one year?
Although new or low feedback sellers are often legitimate, you can probably find the DVD from another seller with more of a track record.

Is the seller is from Asia?
This is not only an indicator that the seller may be trafficking in bootleg DVDs, it is much harder to pursue an international seller for a refund.

Does the auction state "artwork may different"?
Without a legitimate explanation as to why the artwork differs, you are probably looking at an auction for a bootleg DVD.

Does the auction promote a liberal return policy and strongly advise contacting seller before leaving negative feedback?
If only 10% of people recognize that the DVD is a bootleg and the rest get a refund, the seller can keep their feedback rating high and still turn a huge profit.

Is the DVD a rare or unreleased movie?
If the movie is unreleased, it is likely a bootleg. If the movie is rare, double check everything and be very cautious before you buy.

Brett Trout

Other Related Topics:
Bootleg, DVD, Counterfeit, Pirate, Gray Market

Identifying Bootleg DVDs

There is no single foolproof way to identify a bootleg DVD. If there was, bootleggers would simply adjust their efforts accordingly. Fortunately, identifying a bootleg DVD is not as hard as it might otherwise seem. Most bootleggers leave blatant clues as to the copyright infringing nature of their wares. Why do they do this? Some are merely catering to a specific demographic. Many Asian countries have extremely lax copyright enforcement, engendering a glut of bootleg DVDs. Such DVDs often have Asian characters on the front, Asian subtitles and misspelled English words.

Another reason bootleggers may make their copying so obvious is to dissuade honest citizens from purchasing their wares. I have sneaking suspicion that bootleggers do not want the fakes so close to the real thing that purchasers are not aware of the sham until after the purchase. Bootleggers simply do not want to run the risk of accidentally duping a copyright attorney. Such attorneys, and now you, have the knowledge of how to report such copyright infringements. It is simply not worth the $10 profit on the sale to bring down a host of agencies reviewing their practices. Unfortunately, I believe there are enough less than honest purchasers out there to allow the copyright infringers to make a tidy profit while keeping prying eyes away.

The next several blog posts will explain how to identify bootleg DVDs. They will also explain how to report sellers if you find yourself the unfortunate purchaser of an illegal bootleg DVD.

Brett Trout

Other Related Topics:
Bootleg, DVD, Counterfeit, Pirate, Gray Market

What are "bootleg" DVDs?

The term "bootleg" originally referred to illegal items, typically smuggled in a boot. Today, the term applies to a much broader category of material. Bootleg refers to any type of pirated, gray-market or counterfeit goods.

"Pirated"” DVDs are most often illegal copies of commercially available DVDs. In many cases, no attempt is made to replicate the packaging or artwork of the original DVD. Pirated DVDs are often DVD-Rs having a blue or purple face.

"“Gray-market"” DVDs are DVDs legitimately sold in another country. Such DVDs are often sold under the terms of a license agreement which prohibits their sale in another country where the DVDs are typically sold for a much higher price. Once such DVDs are brought into another country for sale, they become illegal gray-market DVDs.

"Counterfeit"” DVDs are illegal copies of commercial DVDs. Unlike pirate DVDs, counterfeit DVDs are made to look like the commercial version. Often the distributor or purchaser is not even aware the DVD is a counterfeit.

Regardless of whether the DVD is pirated, gray-market or counterfeit, the sale or purchase of any of these types of "bootleg"” DVDs constitutes copyright infringement. While small scale copyright infringement may subject you to a civil lawsuit for damages i.e. (money), larger sales may subject you to criminal penalties including fines and possibly even a prison term.

Brett Trout

Other Related Topics:
Bootleg, DVD, Counterfeit, Pirate, Gray Market

Is eBay the new Grokster?

The United States Supreme Court has laid down the law on contributory copyright infringement, stating unequivocally that "one who distributes a device with the object of promoting its use to infringe copyright, or is shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of third parties." Does this apply to eBay as well?

According to Business Week, companies LVMH Moet Hennessy Louis Vuitton and Tiffany & Co. estimate up to 90% of the items on eBay bearing their trademarks are fakes. On September 12, 2006, trademark lawyers representing LVMH filed suit against eBay in a Paris court seeking $50 Million in damages. Although Parisian courts are much more likely than US courts to find liability in a case like this, they are much more frugal with their damage awards. A win in France may pave the way for a U.S. victim to obtain an award large enough to convince eBay to shut down trademark and copyright infringers.

After having received my second apparently counterfeit DVD in as many months from an eBay auction, I strongly support the action. The case smacks strongly of Arista Records Inc v Flea World Inc (DNJ, No 03-2670, 3/31/06) in which a New Jersey court found a flea market liable for contributory infringement. The flea market was ongoing and multiple vendors offered pirated compact discs and tapes for sale. Even though many of the vendors sold legitimate, non-infringing items, the court held that a contributory infringer is liable for copyright infringement where there is an on-going relationship between the direct infringer and contributory infringer that contributes indirectly to the infringement.

In my personal opinion, the prevalence of eBay auctions for fraudulent, counterfeit and illegal transactions has gotten out of hand. If eBay is unwilling to take steps to eliminate such auctions to protect innocent victims and legitimate copyright and trademark owners, perhaps a Flea World style suit may be in order.

Brett Trout

Other Related Topics:
ebay, Copyright, Contributory Infringement, Grokster, Counterfeit DVDs

Your Patent Fees Being Diverted to Homeland Security

The Court of Appeals for the Federal Circuit has just ruled that it is okay for the United States Patent and Trademark Office (USPTO) to charge fees in excess of its operating costs. The Federal Circuit also ruled that it is okay for the USPTO to spend excess fees on things unrelated to patents and trademarks, things which include homeland security.

According to the Federal Circuit at least $400 million of excess patent fees have been redirected to non-USPTO spending, just since 1992. The ruling would not be nearly so unsettling if it did not appear the USPTO could spend a little of this largess paying more examiners more money to cut down, at least a little, on the monstrous backlog of pending applications languishing in the USPTO.

It is a shame to think about the number of inventions that have never come to fruition as a result of such large fees being charged inventors to fund non-invention related projects.

Brett Trout

Other Related Topics:
USPTO, Patent, Trademark, Homeland Security, Federal Circuit

Courts cracking down on irresponsible bloggers

Unfortunately, there is no online eraser. Once you blog about something, you can never take it back. Automatic cache systems, other bloggers and the subjects of your blogs are sure to make copies available in perpetuity. It is therefore very important to make sure BEFORE you post that your blog cannot be considered libelous.

USA Today has reported a jury has awarded Sue Scheff $11.3 million in a defamation lawsuit against Carey Bock who allegedly posted online messages accusing Scheff of being a "crook," a "con artist" and a "fraud." One factor in the large award is the fact that Bock reportedly could not afford an attorney and did not show up for the trial.

Even if you do show up for trial, however, you may find it difficult to defend yourself in an online defamation lawsuit. Angry plaintiffs have filed dozens of defamation lawsuits just in the last year. Although difficult to win, they can be costly to defend. In January, 2006, lawyer Rafe Banks obtained a $50,000 judgment against former client David Milum for postings Milum made on his blog.

One of the things that make defamation suits so problematic is that the plaintiffs are often so fixated on the perceived wrong they are willing to spend far more than they could ever hope to recover vindicating their rights. The two take home lessons here are: 1) fact check your sources before posting anything online; and 2) if you are going to defame someone online, best not make it someone who makes a living suing people.

Brett Trout

Other Related Topics:
Bloggers Defamation Libel Blog Lawsuit

See Your Future with Patents

Reading patents online at the United States Patent and Trademark Office can actually give you a glimpse of the future. One notable example is Apple’s new patent application number 20060197750, filed on April 26, 2005. According to Tech News World, the application covers technology for a new iPod using an on-screen interface, rather than a click wheel.

I did not think anyone other than myself rifled through patents online for fun. Last Saturday, however, I had dinner with a gentleman who markets a new chemical scent eliminator for the hunting industry. I was surprised to find he had no background in chemistry. When I asked him how he came up with the formula, he said it was from reading patents.

If you get a chance, check out some patents online. Who knows, the future you see, may be your own.

Brett Trout

Other Related Topics:
Patent iPod Apple Patent Office USPTO patent application

Invention Contest

Think you have the latest greatest invention? Well now is the time to prove it. Submit your invention to the Modern Marvels Invent Now Challenge. The inventions of twenty-five semi-finalists will travel in a national exhibition to pre-eminent science museums. Semi-finalists will be awarded a 5-day/5-night trip to New York City for the final event to attend the Modern Marvels Invent Now Challenge exhibition, awards ceremony and a conference led by industry experts. While inventors need not have a patent to apply, a patent application or provisional patent are recommended. The winner will receive a $25,000 grant to develop and market their invention.

Other Related Topics:
Patent, Invention, Modern Marvels, Inventor, History Channel

Brett Trout

LexBlog Recognizes Lawpportunities

Kevin O'Keefe President and founder of LexBlog, the leading provider of marketing blogs to lawyers and other professional service firms has just recognized Lawpportunities in his most recent blog post as a unique opportunity for lawyers interested in entering the blogosphere. Kevin describes the upcoming November 10, 2006 Yblawg seminar with Rush Nigut and Brett Trout as "[g]old for lawyers needing mandated CLE credits while learning something that can grow their business."

Yblawg is indeed a great opportunity to find out why blogs are instrumental to your law practice and as well as how to get started on your own blog for free. Once you get a taste of law blogging, however, you will not want to stop. If you have something worth saying to prospective clients, do not let the medium slow you down. Once you are ready to move to the next level and REALLY boost your message over the blogosphere, check into a LexBlog package tailored specifically to your law practice. Even if you know little about blogging, LexBlog can answer your questions and get your message right to your most important prospective clients.


Brett Trout

Other Related Topics:
LexBlog, Lawpportunities, YBlawg, CLE, Rush Nigut

Rush On Business Now Better Than Ever

West Des Moines corporate attorney Rush Nigut has staked his blog claim on a new URL for Rush on Business and is now powered by TypePad. Check out his latest blog covering employee handbooks and email monitoring. Congratulations Rush on a great looking new blogsite!

Brett Trout

Other Related Topics:
Rush Nigut, West Des Moines, Iowa, Corporate Law, Employment Law