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quartz
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Intellectual property

October 13th, 2015, 4:26 pm

The recent trademarking of Pi: a troubling preceden
 
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trackstar
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Joined: January 1st, 1970, 12:00 am

Intellectual property

October 13th, 2015, 6:37 pm

A funny publicity stunt for the artist. Easily challenged (though it would cost money) - highly unlikely that it would stand, particularly if he did nothing to build his "Pi" brand.Have a look here: Trademark Manual of Examining Procedure - July 2015"...If the mark contains a universal symbol, the examining attorney must determine whether the mark displays the symbol in the usual manner or otherwise features an accurate depiction of the symbol. This may be done by comparing the symbol in the mark with any accurate depictions of the symbol the examining attorney finds while researching the symbol.Generally, a universal symbol in a mark should be considered registrable matter if it is highly stylized, if it incorporates elements that are not usually in the symbol, or if it is integrated with other matter in the mark, and, as a result, a distinctive commercial impression separate and apart from the symbol's usual significance is created or a source-indicating unitary whole is formed..."That is not the case here - it does not have a distinctive font, coloration, background design, or any other unique characteristics. The period is not sufficient.The US PTO made a serious mistake in granting the trademark, but they don't have the last word. The IP system is definitely broken though - someone else patented a peanut butter and jelly sandwich not too long ago.However - just try to defend that patent! All of this legal research has made me hungry and I am going to infringe on it right now.For those of you who think I am joking... :DUS Patent 6004596 A - Sealed crustless sandwichABSTRACTA sealed crustless sandwich for providing a convenient sandwich without an outer crust which can be stored for long periods of time without a central filling from leaking outwardly. The sandwich includes a lower bread portion, an upper bread portion, an upper filling and a lower filling between the lower and upper bread portions, a center filling sealed between the upper and lower fillings, and a crimped edge along an outer perimeter of the bread portions for sealing the fillings therebetween. The upper and lower fillings are preferably comprised of peanut butter and the center filling is comprised of at least jelly. The center filling is prevented from radiating outwardly into and through the bread portions from the surrounding peanut butter.
Last edited by trackstar on October 12th, 2015, 10:00 pm, edited 1 time in total.
 
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trackstar
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Joined: January 1st, 1970, 12:00 am

Intellectual property

October 13th, 2015, 6:48 pm

Here is what happened with the PBJ sandwich, from an administrative standpoint; note the activity since 2007:LEGAL EVENTSDate Code Event DescriptionDec 14, 1998 AS Assignment Owner name: SMUCKER ACQUISITION, INC., OHIOFree format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNORS:MENUSAVER, INC.;KRETCHMAN, LEN C.;GESKE, DAVID;REEL/FRAME:009635/0750Effective date: 19981130Mar 26, 1999 AS Assignment Owner name: MENUSAVER, INC., OHIOFree format text: CHANGE OF NAME;ASSIGNOR:SMUCKER ACQUISITION, INC.;REEL/FRAME:009850/0145Effective date: 19981201Jan 5, 2001 AS Assignment Apr 10, 2001 RR Request for reexamination filed Effective date: 20010309May 14, 2003 FPAY Fee payment Year of fee payment: 4Jul 21, 2003 AS Assignment Jul 5, 2007 REMI Maintenance fee reminder mailed Sep 25, 2007 FPB1 Expired due to reexamination which canceled all claims Dec 21, 2007 LAPS Lapse for failure to pay maintenance fees Feb 12, 2008 FP Expired due to failure to pay maintenance fee Effective date: 20071221
 
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trackstar
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Joined: January 1st, 1970, 12:00 am

Intellectual property

October 13th, 2015, 7:00 pm

Bottom line: trademarks have to be distinctivePatents have to be innovative ("novel" in patent parlance) and useful, among other "tests" of patentability.Let's say I have invented a really beautiful way to braid longhaired cats' tails.Can I patent that?Sort of like this.Never mind how we will get the cats to put up with it... :D
Last edited by trackstar on October 12th, 2015, 10:00 pm, edited 1 time in total.
 
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trackstar
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Joined: January 1st, 1970, 12:00 am

Intellectual property

October 22nd, 2015, 12:16 am

Well, no one wanted that kind of challenge, alas. So instead, here are some examples of protectable pi: Pi - Kate Bushand of course this: Pi - Darren Aronofskyand, possibly, if you have a very special recipe containing "trade secrets" (not to be confused with "hidden conditions"!):But no pie for Shanghai:China still hacking US companies, cyber group warns - Financial Times Oct 19So much for the agreement that was just signed. Have they no sense of propriety, or just plain piety, at all?
Last edited by trackstar on October 21st, 2015, 10:00 pm, edited 1 time in total.
 
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Traden4Alpha
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Intellectual property

October 22nd, 2015, 12:59 am

I suspect that you could patent a cat tail braid as a design patent although applying the patent might get you arrested for animal cruelty (such things have happened in the case of using hair dye to color pet's fur).The "pi" case is silly but illustrates either the power or the powerlessness of the trademark system which lets anyone declare anything as their mark.