Parody and Press Conferences

Last Tuesday the US Chamber of Commerce filed a copyright and trade
mark lawsuit against political activists the Yes Men who two weeks ago
staged a fake news conference announcing that the Chamber had changed
its policy on climate legislation. The 19 October staged press
conference was instigated after a few members of the Chamber, including
Apple Inc., left the organization, citing as their reason the fact that
they did not support the Chamber’s climate policy. During the fake
conference Jacques Servin, a member of the Yes Men, stood behind a
podium that incorporated the Chamber’s logo and service marks (U.S.
CHAMBER OF COMMERCE, THE SPIRIT OF ENTERPRISE, and Eagle and Stars
Design) while he read a statement purported to be from Chamber CEO Tom
Donohue. The press statement proclaimed (see the statement here at the
Yes Men’s hoax Chamber website) the Chamber’s support for the
Kerry-Boxer Bill – an 831 page environmental protection bill that
proposes a cap and trade emissions scheme. The Chamber had previously
opposed the Bill.

The Chamber’s lawsuit states that they seek redress for trade mark
infringement and dilution, false advertising, cybersquatting and unfair
competition. The complaint states that
“these acts deceived the press and public, and caused injury to the
Chamber , while promoting the commercial ventures of certain members of
the Defendants...The Acts are nothing less than commercial identify
theft masquerading as social activism. These infringing and fraudulent
acts are antithetical to public debate on important issues, because
they prevent the public and the press from knowing the true position of
the intellectual property owner whose trade marks and copyrights were
used without permission...”Steven Law, the Chamber’s
appropriately-named chief legal officer and general counsel, reiterated
the position:
“The defendants are not merry pranksters tweaking the establishment.
Instead, they deliberately broke the law in order to further commercial
interest in their books, movies, and other merchandise.”According to
the New York Times, in response to the law suit Servin stated
that "it's really disappointing that the chamber would take this
approach to something that's clearly political speech." Servin also
stated that using the Chamber’s intellectual property was free speech.
In response Law stated:"the Chamber is a strong proponent of free
speech and encourages public debate on issues of the day. However, the
law is clear that you can't misappropriate others' intellectual
property for personal financial gain".
Obama Nominates Espinel as Intellectual Property Enforcement
Coordinator (IPEC)
At the end of September, the Obama administration nominated Victoria
Espinel to the position of the US Intellectual Property Enforcement
Coordinator. The position was created under the Prioritizing Resources
and Organization for Intellectual Property Act (Pro-IP Act – clever,
huh?) which was signed into law by former President Bush despite his
administration’s opposition to the position. The IPEC provides guidance
and strategic plans to federal agencies combating IP infringement by
chairing an advisory committee comprised of theses agencies, which
include the Office of Management and Budget, the Justice Department,
the Commerce Department, the US Copyright Office and the Office of the
US Trade Representative. The IPEC has no formal power to control or
implement how the agencies investigate, prosecute or manage IP cases.
Victoria Espinel, a former Visiting Assistant Professor in intellectual
property and international trade at the George Mason University School
of Law and the founder and President of the non-profit Bridging the
Innovation Divide organization. Espinel has acted as an intellectual
property advisor to the Senate Judiciary Committee, Senate Finance
Committee, House Judiciary Committee and House Ways and Means
Committee. According to a White House press release, prior to her work
with the U.S. Government, she was in private practice with Covington &
Burling in London and D.C. and Sidley, Austin, Brown & Wood in New
York. Espinel received her LL.M from LSE and J.D. from Georgetown
University Law School.
Mark Esper, a vice president of the U.S. Chamber of Commerce stated
that Espinel’s nomination “is a positive development towards fully
implementing and funding the Pro-IP Act, and we hope President Obama
and Congress will continue this important work by ensuring Victoria has
the resources and authority necessary to get the job done.” For further
commentary, please see this article in Wired.

Other News
• Lil Wayne’s Bad Week - It has been a mixed year for Lil Wayne. First
came the Rolling Stone cover alongside a critically acclaimed album.
But then, two weeks ago he pleaded guilty to a charge of criminal
possession of a weapon and last week he was hit with a copyright
infringement claim brought by Thomas Marasciullo. Thomas’s complaint
states that Lil Wayne, Cash Money records and distribution outlets used
his material on a total of nine tracks without permission or
remuneration. See this article from the BBC for more information.

• Google Chrome’s Infringing Courgette - Last Tuesday Red Bend Software
Inc. filed a complaint in Boston district court for patent infringement
over Google’s Chrome internet browser. Red Bend claims that Chrome
contains a differential compression algorithm, called Courgette (or
zucchini if you are the AmeriKat) which enables Google to update only
the part of the software that actually requires updating. Red Bend
claims that this infringes a 2006 patent. The complaint also states
that Google infringes another of Red Bend’s patents that enable
wireless carriers to distribute updates for mobile-phone software. The
AmeriKat suggests you read this article in The Register and this piece
in MSN Money.

• Lego Patent Geek - the AmeriKat suggests for a bit of light-hearted
fun for those of you who enjoy nothing more than kicking back and
reading patent applications you read this article in Wired about a
filing made by Lego.

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Posted By Annsley Merelle Ward to The IPKat - for IP in a changing
world on 11/01/2009 08:26:00 PM