Posts Tagged: "Senator Chuck Schumer"

In recent weeks news has come out that Phil Johnson’s nomination as Director of the United States Patent and Trademark Office is dead. It seems to be dead due to the protest of at least one Senator on the Senate Judiciary Committee, not because the onerous vetting process produced any red flags or because the White House has lost interest. The Senator allegedly unhappy is Senator Chuck Schumer (D-NY)… [N]ominees [are put] through an extraordinary vetting process that reportedly can take between 5 to 9 months to complete even in the best case scenario. Let’s say that the White House has decided to move past Johnson and will not look back. They must first identify a willing candidate; someone who can pass through the gauntlet that is the vetting process, has the requisite experience and who is willing to take a substantial pay cut. Such an individually would likely having to unwind investments and holdings, or at least put them into some blind trust. Even if the White House can this week identify that person who accepts the invitation to take the position and who is willing to subject themselves to scrutiny that would make an IRS inquiry look like a day in the park, that means we are looking at at least January 2015 before confirmation.

On December 12, 2013, Members of the House and Senate introduced bipartisan legislation that would allow the United States or any state or local government to register official insignia for federal trademark protection. This bill would amend the Trademark Act of 1946, also known as the Lanham Act, to allow the Federal government as well as all State and local governments to register with the U.S. Patent and Trademark Office (PTO) marks consisting of their flag, coat of arms and other official seals.

It looks like my prediction on Tuesday that the Senate would pass H.R. 1249, the America Invents Act, prior to President Obama’s much anticipated jobs and economy speech that begins at 7:00pm ET today, Thursday, September 8, 2011. The Senate voted to pass H.R. 1249 and send the House version of the America Invents Act to the White House for President Obama’s signature by a vote of 89 to 9. The Coburn Amendment, which would have once and for all put an end to fee diversion, was unsuccessful, being tabled by a vote of 50 to 48.

With a powerful vote of 87 to 3 on a motion to bring debate to a close, the Senate is on the cusp of passing comprehensive patent reform legislation. S.23, “The America Invents Act,” is expected to pass with a strong vote as early as Wednesday of this week. In the end, the full House and Senate will need to pass the same version of any patent reform bill before it can become law. Assuming House Judiciary Committee Chairman Smith passes a bill of note through the House; the House and Senate bills will need to be reconciled. While civics books teach that the differences in the bills will be resolved via a formal Conference Committee, the Senate and House have not conferenced on a Judiciary Committee bill since 2005. A formal conference for patent reform is considered very unlikely.

The fashion industry claims it loses millions of dollars in revenue every year because of copycats buying one very expensive handbag or shoe or other item, deconstructing it, farming it out (usually to some factory in Asia), and making copies of it to be sold for a fraction of the price. There is now proposed legislation attempting to address and put a dent in the very lucrative knock-off market. Enter the “Innovative Design Protection and Piracy Prevention Act” (S.3728), courtesy of Senator Chuck Schumer (D-NY). Now, imitation is the no longer the sincerest form of flattery, it’s the basis for a lawsuit. Swell. Sen. Schumer is proposing to amend Chapter 13 of the Copyright Statute- Protection of Original Designs. (See the text of his proposed amendment) Fortunately, dear readers, I’m here to make sense of this, or at least give it a hero’s try. It is copyright, after all, and I can only do so much.

In response to the privacy concerns being raised against Facebook, four United States Senators, Charles Schumer of NY, Michael Bennet of CO, Mark Begich of Alaska and Al Franken of MI, joined forces and on April 27th wrote a letter to Facebook CEO Mark Zuckerberg requesting that Facebook alter its policies on privacy. Currently Facebook information is available on third party websites without user permission. However, the Senators want Facebook to change its provisions so that Facebook user information is kept private and can only be shared with the user’s explicit permission blocking non-Facebook websites from accessing this information.

Earlier today the Senate Judiciary Committee voted to advance the nomination of David Kappos, former Vice President and Assistant General Counsel for IBM, to be Undersecretary of Commerce for Intellectual Property, a job that also comes with the title of Director of the Patent and Trademark Office.  The vote in the Judiciary Committee was unanimous, with all Democrats and Republicans…

It would appear as if the swine flu virus, known in the scientific community as the H1N1 virus (so named because of the surface proteins), is not going to be as virulent as some feared it could be. According to Peter Palese, the Chairman of the Department of Microbiology at Mount Sinai School of Medicine, who wrote an article in…