The newest patentability assessment tool from Google is referenced at Out-Law.com, which refers to Google's new EPO Prior Art Finder for the European Union, as described by Jon Orwant, Google engineering manager.
The new tool continues a patent finding tradition at Google that started with Google Patent Search in 2006 for USPTO patents.
Showing posts with label law. Show all posts
Showing posts with label law. Show all posts
Saturday, August 18, 2012
Saturday, August 04, 2012
First Standardized License Plate 1957 in Massachusetts USA as Nearly Identical Prior Art for the Apple Phone in Information Display on a Rectangular Surface with Rounded Corners
Who invented the iPhone image display form? -- definitely not Apple.
The ubiquitous and generic US license plate is absolute prior art for rectangular display of text and image graphics with rounded edges in a bezel prior to more modern information apparatus. Let us look at the website
Massachusetts RMV - History of the License Plate
for a good example.
The first standardized motor vehicle license plate in Massachusetts out of the year 1957 -- more than 3 decades prior to the iPhone -- is shown below (original graphic found at http://www.mass.gov/rmv/history/):
It is virtually identical to the over-hyped "prize-winning" design of the Apple iPhone (image thumb in actual dimensions below),
and shows how the masses, legislatures, courts and judges can be duped and still are being duped -- just look at currently ongoing litigation in California and elsewhere.
An Apple iPhone is a banal license plate copy, at least in terms of design.
The point here is that the design display to which Apple claims proprietary rights is not their invention or design whatsoever. Ubiquitous generic license plates already used that very same design to display information long before the iPhone, and that phone does nothing else than to use this same format to display its information digitally - that difference does not justify special IP rights.
There is NO INVENTIVE STEP and nothing unique has been created.
The ubiquitous and generic US license plate is absolute prior art for rectangular display of text and image graphics with rounded edges in a bezel prior to more modern information apparatus. Let us look at the website
Massachusetts RMV - History of the License Plate
for a good example.
The first standardized motor vehicle license plate in Massachusetts out of the year 1957 -- more than 3 decades prior to the iPhone -- is shown below (original graphic found at http://www.mass.gov/rmv/history/):
It is virtually identical to the over-hyped "prize-winning" design of the Apple iPhone (image thumb in actual dimensions below),
and shows how the masses, legislatures, courts and judges can be duped and still are being duped -- just look at currently ongoing litigation in California and elsewhere.
An Apple iPhone is a banal license plate copy, at least in terms of design.
The point here is that the design display to which Apple claims proprietary rights is not their invention or design whatsoever. Ubiquitous generic license plates already used that very same design to display information long before the iPhone, and that phone does nothing else than to use this same format to display its information digitally - that difference does not justify special IP rights.
There is NO INVENTIVE STEP and nothing unique has been created.
Old California Speed Limit Sign Virtually Identical in Design to Apple iPad: No Inventive Step in Information Display of Digital Material
We studied law in California and at that time had a convertible to drive to boot, which brings back fond memories of driving in the Bay area.
As a special treat for patent-savvy car drivers
and also as CLE for judges judging patent and design matters,
we have looked at old California speed limit signs in the same grand State that is now hosting the Apple and Samsung design infringement case
and have found that the iPad is a virtual rectangular design replica of the old California speed limit sign (also having rounded corners and a border), photographic examples of which we found at classicdriver.com (photo of speed limit sign by Bonhams) and at the AARoads Blog, which we used as the basis for our illustration below
(the outline of the "acclaimed" minimalist iPad "design" is at the left and the old California speed limit sign is at the right, by which we have changed the original sizes of the two but have retained the relative actual height and width dimensions of each)
We see then that the iPad rectangular design is a direct rip-off of the old California speed limit sign. A conscious or subconscious causal design influence is in fact not excludable.
The iPad is essentially a familiar old California speed limit sign as far as its design is concerned.
Again, as in our previous posting, the point here is that the design display to which Apple claims proprietary rights is not their invention or design whatsoever. A ubiquitous generic speed limit sign IN CALIFORNIA already used that very same design to display information long before the iPad, and that pad or tablet does nothing else than to use this same format to display its information digitally - that difference does not justify special IP rights.
There is NO INVENTIVE STEP and nothing unique has been created.
As a special treat for patent-savvy car drivers
and also as CLE for judges judging patent and design matters,
we have looked at old California speed limit signs in the same grand State that is now hosting the Apple and Samsung design infringement case
and have found that the iPad is a virtual rectangular design replica of the old California speed limit sign (also having rounded corners and a border), photographic examples of which we found at classicdriver.com (photo of speed limit sign by Bonhams) and at the AARoads Blog, which we used as the basis for our illustration below
(the outline of the "acclaimed" minimalist iPad "design" is at the left and the old California speed limit sign is at the right, by which we have changed the original sizes of the two but have retained the relative actual height and width dimensions of each)
We see then that the iPad rectangular design is a direct rip-off of the old California speed limit sign. A conscious or subconscious causal design influence is in fact not excludable.
The iPad is essentially a familiar old California speed limit sign as far as its design is concerned.
Again, as in our previous posting, the point here is that the design display to which Apple claims proprietary rights is not their invention or design whatsoever. A ubiquitous generic speed limit sign IN CALIFORNIA already used that very same design to display information long before the iPad, and that pad or tablet does nothing else than to use this same format to display its information digitally - that difference does not justify special IP rights.
There is NO INVENTIVE STEP and nothing unique has been created.
Tuesday, July 31, 2012
Patent Wars, Apple, Samsung, Koh's Court & Jury, Poker and the Sucker: Guess Who?
Patent trial of the century upcoming in the USA?
"LAW at its worst" would be a better title.
And there are ramifications for Europe, too.
We are repeating below a previous posting because it shows that the current patent wars have a sucker, true to the poker adage that "If you can't spot the sucker in the first half hour at the table, then YOU are the sucker."
In the current litigation between Apple and Samsung, neither of these two gigantic world high-tech multis is the sucker, and neither is the court or its apparently overwhelmed judge, who are profiting greatly from the publicity, and neither is the sucker the legal system, which is reaping vast monetary profits in the pockets of myriad legal professionals.
The SUCKER is YOU, the consumer. Congratulations.
In court
OTHER people are deciding
what YOU can buy or not.
Never mind the market.
You have over the past years asked for this development by inertia, although we warned you here at LawPundit 10 years ago that this was coming.
You payed no attention.
You have not clamored for change to a rotten and currupted patent system.
You have continued to elect unqualified people to legislatures,
both on the State as well as Congressional level, where beauty queens, veterinarians, wrestlers and gynecologists, etc. are legislating for you, rather than competent men of the law, predicatably, with disastrous results.
You have bought all the hype thrown at you by evil, monopolistic and labor-abusing companies like Apple, by purchasing their overhyped products at exorbitant prices and playing "elitist" while you were at it,
and now in a finishing scenario you find many grown men and women seriously litigating intellectual property rights to a generic rounded rectangular design -- as old as the hills --
as overwhelmed courts and judges decide these issues without sending those claiming such absurd rights into the wilderness, where they belong.
Rather, a JURY will now decide the case as a bunch of laymen having no technical conception of what they are deciding have been left holding the bag.
This is absurdity in law taken to its extreme.
So who really invented bordered rectangles with rounded corners as a means of "imaging" information?
Not Apple, you can be sure.
Here is our past posting repeated.
__________________________
User interfaces on modern machines such as televisions, mobile phones and digital tablets present IMAGES on the plane surface of a display panel enclosed by a frame or bezel (retaining outer rim) of some kind.
When we talk about prior art for the design of mobile phones or tablets, we need to look at how images have generally been presented on a plane surface in the past, not just to similar modern devices.
We already posted that the Apple iPhone is almost identical in basic design to an ancient Pharaonic cartouche as a means of enclosing symbols, and that is definitely one aspect of icon presentation on the iPhone -- see The Apple iPhone as a Design Copy of the First Pharaonic Cartouche of the Pharaohs of Ancient Egypt: A Design in the Public Domain as Prior Art for 4500 Years.
The same holds true for the iPad as a device that presents images on a plane surface. As shown already in the previous posting, the Apple iPad is virtually identical in its basic design to a rectangular mirror with rounded corners used in modern correctional facilities. Such a mirror is also a device that displays images on its surface, just like the iPad, and it has the same design.
There is virtually NOTHING unique about the iPad in its design and the Apple company registration of an EU "design" on a rectangle with rounded corners is a legal abomination that can not be allowed to stand unchallenged and should never have been accepted by the German courts in their recent foolish limited-jurisdiction injunction against the Galaxy Tab on the grounds of an alleged infringement of an alleged Apple design which has prior art reaching back thousands of years.
The human "invention" of the mirror may have begun with the observation of image reflection in water, followed by the observation that images were also reflected on fixed surfaces as well, such as stones, the flatter and more polished the better. That led to the development of the first stone mirrors, followed by metal, and then glass -- the latter still being a common display surface for many electronic devices.
For example, a "cosmetic palette" (viz. tablet) made of polished stone is a basic human "imaging" tool that goes back thousands of years and its basic design is not an invention of the company Apple.
As written at MirrorHistory.com:
The stone palettes of old were essentially ancient "tablets", here framed by multiple lines at the top, bottom and sides. The general design of the iPad has not changed much. The ancient Egyptians even had a stone plektron of sorts, a cosmetic stone brush, and note the rounded corners. Nothing new.
Below is the back of a mirror, today in the Louvre, in framed four-sided shape with symbols in rows of 4, just as on the iPad or the iPhone. Note the rounded corners. The mirror is dated to Seljuq, Iran in the 12th century:
Four columns of symbols, emphasized by Apple as a "design" future for its products, have been used "as prior art" since antiquity because that permits symbols or "icons" to be a size which can easily be discerned by the human eye while making optimal use of the space available on a plane surface. I.e this "design" has been "pleasing to the eye" since antiquity.
The only thing that Apple has done is to apply ancient designs to its electronic products and that is neither an invention nor an original design of any kind. It is merely commercial exploitation of the designs of antiquity for modern selfish monopolistic profit.
That legislators and courts support this kind of intellectual property theft from the legacy of mankind is something we do not understand.
Why should ONE company profit from designs that were actually created long ago by "humanity"?
Crossposted from LawPundit.
"LAW at its worst" would be a better title.
And there are ramifications for Europe, too.
We are repeating below a previous posting because it shows that the current patent wars have a sucker, true to the poker adage that "If you can't spot the sucker in the first half hour at the table, then YOU are the sucker."
In the current litigation between Apple and Samsung, neither of these two gigantic world high-tech multis is the sucker, and neither is the court or its apparently overwhelmed judge, who are profiting greatly from the publicity, and neither is the sucker the legal system, which is reaping vast monetary profits in the pockets of myriad legal professionals.
The SUCKER is YOU, the consumer. Congratulations.
In court
OTHER people are deciding
what YOU can buy or not.
Never mind the market.
You have over the past years asked for this development by inertia, although we warned you here at LawPundit 10 years ago that this was coming.
You payed no attention.
You have not clamored for change to a rotten and currupted patent system.
You have continued to elect unqualified people to legislatures,
both on the State as well as Congressional level, where beauty queens, veterinarians, wrestlers and gynecologists, etc. are legislating for you, rather than competent men of the law, predicatably, with disastrous results.
You have bought all the hype thrown at you by evil, monopolistic and labor-abusing companies like Apple, by purchasing their overhyped products at exorbitant prices and playing "elitist" while you were at it,
and now in a finishing scenario you find many grown men and women seriously litigating intellectual property rights to a generic rounded rectangular design -- as old as the hills --
as overwhelmed courts and judges decide these issues without sending those claiming such absurd rights into the wilderness, where they belong.
Rather, a JURY will now decide the case as a bunch of laymen having no technical conception of what they are deciding have been left holding the bag.
This is absurdity in law taken to its extreme.
So who really invented bordered rectangles with rounded corners as a means of "imaging" information?
Not Apple, you can be sure.
Here is our past posting repeated.
__________________________
User interfaces on modern machines such as televisions, mobile phones and digital tablets present IMAGES on the plane surface of a display panel enclosed by a frame or bezel (retaining outer rim) of some kind.
When we talk about prior art for the design of mobile phones or tablets, we need to look at how images have generally been presented on a plane surface in the past, not just to similar modern devices.
We already posted that the Apple iPhone is almost identical in basic design to an ancient Pharaonic cartouche as a means of enclosing symbols, and that is definitely one aspect of icon presentation on the iPhone -- see The Apple iPhone as a Design Copy of the First Pharaonic Cartouche of the Pharaohs of Ancient Egypt: A Design in the Public Domain as Prior Art for 4500 Years.
The same holds true for the iPad as a device that presents images on a plane surface. As shown already in the previous posting, the Apple iPad is virtually identical in its basic design to a rectangular mirror with rounded corners used in modern correctional facilities. Such a mirror is also a device that displays images on its surface, just like the iPad, and it has the same design.
There is virtually NOTHING unique about the iPad in its design and the Apple company registration of an EU "design" on a rectangle with rounded corners is a legal abomination that can not be allowed to stand unchallenged and should never have been accepted by the German courts in their recent foolish limited-jurisdiction injunction against the Galaxy Tab on the grounds of an alleged infringement of an alleged Apple design which has prior art reaching back thousands of years.
The human "invention" of the mirror may have begun with the observation of image reflection in water, followed by the observation that images were also reflected on fixed surfaces as well, such as stones, the flatter and more polished the better. That led to the development of the first stone mirrors, followed by metal, and then glass -- the latter still being a common display surface for many electronic devices.
For example, a "cosmetic palette" (viz. tablet) made of polished stone is a basic human "imaging" tool that goes back thousands of years and its basic design is not an invention of the company Apple.
As written at MirrorHistory.com:
In Egypt, as written by Barbara O’Neill in Reflections of Eternity: The Mirror in Ancient Egypt: An Overview from Prehistory to the New Kingdom, as published on Egyptological, June 30th 2011, Edition 1:"The ... earliest manufactured mirrors ... found in Anatolia (modern-day Turkey) have been dated to around 6000 BC. Polished stone mirrors made in Central and South America date from 2000 BC onwards. Mesopotamians crafted mirrors of polished cooper from 4000 BC, and ancient Egyptians made this kind of mirrors from around 3000 BC. Chinese manufactured bronze mirrors from around 2000 BC."
"The term most often used for ‘mirror’, “ankh”, also means “life”, with perhaps a play on words ‘reflected’ in the mirror’s role in preserving the image in a state of continual existence, (Bird, 1986)."The first mirrors were cosmetic stone palettes like this one currently on sale at Christies.com (here enlarged) and dating to the Predynastic days of Egypt ca. 3200 B.C.:
The stone palettes of old were essentially ancient "tablets", here framed by multiple lines at the top, bottom and sides. The general design of the iPad has not changed much. The ancient Egyptians even had a stone plektron of sorts, a cosmetic stone brush, and note the rounded corners. Nothing new.
Below is the back of a mirror, today in the Louvre, in framed four-sided shape with symbols in rows of 4, just as on the iPad or the iPhone. Note the rounded corners. The mirror is dated to Seljuq, Iran in the 12th century:
12 Zodiac symbols around the perimeter and four identical squares in the middle
Four columns of symbols, emphasized by Apple as a "design" future for its products, have been used "as prior art" since antiquity because that permits symbols or "icons" to be a size which can easily be discerned by the human eye while making optimal use of the space available on a plane surface. I.e this "design" has been "pleasing to the eye" since antiquity.
The only thing that Apple has done is to apply ancient designs to its electronic products and that is neither an invention nor an original design of any kind. It is merely commercial exploitation of the designs of antiquity for modern selfish monopolistic profit.
That legislators and courts support this kind of intellectual property theft from the legacy of mankind is something we do not understand.
Why should ONE company profit from designs that were actually created long ago by "humanity"?
Crossposted from LawPundit.
Saturday, July 14, 2012
Germany in the News: Is the German Image Shown by the Press during the Financial Crisis Accurate? 180th Edition of Blawg Review Reposted Here Shows German Americans are the LARGEST Acknowledged Ancestry Group in America
Who are the Germans?
Did you know that German Americans make up the largest acknowledged ancestry group in America, larger even than that of the Irish or the English?
See the facts further below.
And consider that [Old English viz. Anglo-Saxon] is a West Germanic language closely related to Old Frisian, which is a North Sea Germanic language.
Mainstream press reporting about Germans and Germany during the financial crisis has been a bit one-sided, so I thought I would repost below the 180th BlawgReview which I wrote on German-American Day some years ago to provide a bit of balance.
Who are the Germans?
If you are an American, to a great degree, in terms of ancestry, they are us.
__________
This is the EU Pundit Reposting
of BlawgReview #180 (written by LawPundit, and found here and here).
Some of the links from 2008 may no longer be active.
__________
THIS IS THE 180th EDITION OF Blawg Review.
Today, on German-American Day, October 6, 2008, a day proclaimed by the President of the United States, LawPundit, as a law blog domiciled in Germany and authored by an American expatriate, born in Germany, raised in the United States, and formerly lecturing on Anglo-American law at the University of Trier Law School in Germany, is honored to host the 180th edition of Blawg Review. (If you did not read BlawgReview #179, Infamy or Praise tells you more).
There are literally millions of German-American ("deutsch-amerikanische") connections, both contemporary and historical. It may come as a surprise to many Americans to know that German Americans make up the largest acknowledged ancestry group in America, even larger than the Irish and the English. Take a look at this map from the US Census 2000 which shows all the counties in America. Those in light blue color have a plurality of inhabitants claiming German ancestry:
Indeed, as President Ronald Reagan proclaimed in 1987:
"Few people have blended so completely into the multicultural tapestry of American society and yet have made such singular economic, political, social, scientific, and cultural contributions to the growth and success of these United States as have Americans of German extraction....In fact:
"[T]here are still many metropolitan areas where German is the most reported ethnicity, such as Chicago, Cincinnati, Cleveland, Indianapolis, Milwaukee, Minneapolis-St. Paul, and St. Louis."
There are many distinguished German-Americans, some of whom are annually honored by the German-American Heritage Foundation. The German-American lawyer Friedrich Kapp "can be regarded as a pioneer of German-American historical science."
The German-Corner features biographies, among them lawyer Francis Daniel Pastorius:
"PASTORIUS, Francis Daniel (1651-1720). German-American, lawyer and colonizer, b. Sommerhausen, Germany. Practiced law in Germany; as agent for Quaker group founded (1683) Germantown, Pa., and became its first mayor, chief citizen, and schoolmaster.
He marks the beginning of German settlement in the US."
WDR.de provides us with information about Pastorius in German for our German readers:
"Noch heute heißt ein Vorort Philadelphias "Germantown ". Gegründet wird er 1685 unter dem lateinischen Namen "Germanopolis" - von einem Mann aus dem fränkischen Sommerhausen. Sein Bild ist im Kuppelgemälde des Kapitols von Philadelphia verewigt, und im Deckenfries des Kapitols von Washington steht er neben William Penn, dem Gründer von Pennsylvania. Der Sommerhausener hat selbst einen lateinischen Nachnamen: Franz Daniel Pastorius wird am 26. September 1651 als Sohn eines Juristen geboren und studiert später ebenfalls Jura. "
Another example of a famous German American is America's first millionaire, Johann Jakob Astor (Johan Jakob Astor):
John Jacob Astor, detail of an oil painting by Gilbert Stuart, 1794.
Originally Johann Jakob Astor, he was the first of the Astor family dynasty
and the first millionaire in the United States,
making his fortune in the fur trade and New York City real estate.
German Americans (German: Deutschamerikaner) are citizens of the United States of ethnic German ancestry. They currently form the largest self-reported ancestry group in the United States, accounting for 49 million people, or 17% of the U.S. population. California and Texas have the largest populations of German origin, although upper Midwestern states, including North Dakota and Wisconsin, have the highest proportion of German-American population. ...
The first Germans to arrive in the New World settled in the English colony of Jamestown, Virginia in 1608. It wasn’t until the 1680s, however, that significant numbers arrived, settling primarily in New York and Pennsylvania. Immigration continued in substantial numbers during the 19th century; with the largest number of arrivals coming between 1840 and 1900. Americans of German descent form the largest ancestry group in the U.S., outnumbering the Irish and English, with some eight million immigrants having come to the United States. Some arrived seeking religious or political freedom, others for economic opportunities greater than those in Europe, and others simply for the chance to start fresh in the New World.
German Americans have been influential in almost every field, from science to architecture, industry, sports, and entertainment. Some, like Brooklyn Bridge engineer John Augustus Roebling or architect Walter Gropius, left behind visible landmarks. Others, like Albert Einstein or Wernher von Braun, set intellectual landmarks."
Important dates in German-American history are found at the IUPUI Max Kade German-American Center, and the reader can find a list of German-American Historic Sites and Museums at that same website.
Viewed on a contemporary transatlantic and global basis, it is interesting to see from the following map that the Gross Domestic Products (GDP) of the USA and Germany, which dominate the Old World and the New World, reflect a similar work and production ethic. LawPundit has added labels to the following cartogram of the world, resized it and added a border: (you can view the original cartogram from Mark Newman, Department of Physics and Center for the Study of Complex Systems, University of Michigan, here):
Although not directed solely to America, but broadcasting "online, on-screen and over the air" in 30 languages around the world, including of course English as the primary language, the German Deutsche Welle mirrors the importance of Germany to world affairs, and, pursuant to its statutory mission:
"promote[s] understanding of Germany as an independent nation with its roots in European culture and as a liberal, democratic, constitutional state based on the rule of law.”
[emphasis added by LawPundit]
Speaking of the rule of law, the German-American Lawyers' Association, the Bonn-based Deutsch-Amerikanische Juristen-Vereinigung (DAJV), exemplifies German-American legal relations on this day, and points to the fact that:
"[T]he United States influences [German] cultural, economic and legal environment more than any other country. This is just one of the reasons why roughly 3,200 German and American jurists have joined together in our Association."
"The purpose of the DAJV:
"[I]s the advancement of professional and popular education, in particular the professional education of German lawyers and other groups interested in the fields of American law, as well as the advancement of American lawyers and other groups interested in the fields of German law."
The DAJV is holding its Annual Conference on German and American Law from August 12 to August 15, 2009, in Berkeley, California. Make a note. [image there no longer accessible]
But we are getting a bit ahead in our time schedule. For detailed information about the current German American Day, see the German American National Congress viz. Deutsch Amerikanischer National Kongress (DANK). As written at About.com:
"German-American Day - October 6 The first German-American Day was proclaimed by President Ronald Reagan in 1983 for the 300th anniversary of the arrival of 13 German families on board a sailing vessel named "Concord" (the "German Mayflower"). The Germans from Krefeld landed in Philadelphia on October 6, 1683 and founded Germantown, Pennsylvania (now part of Philadelphia). In 1987, after a campaign by German-American organizations, Congress made October 6 an official day of commemoration and President Reagan signed the proclamation...."
German American Day celebrations 2008 have taken place or are taking place from Saturday, September 27 through Monday, October 6, 2008 in the USA, e.g. in Philadelphia, Washington D.C. and Germantown. The German-American Society of Pennsylvania points to the following event schedule today as found at AOL:
"Monday, October 6: German American Day 10:00 p.m. Wreath laying ceremony at the Pastorius Monument in Vernon Park, 5818 Germantown Avenue in Germantown. Call 215.947.5490.12:00 p.m. Commemorative Luncheon highlighting the 325th Anniversary and recognizing the German roots of the Rohm and Haas. Union League, 140 South Broad Street, Philadelphia. 215.665.1585.7:00 p.m. Landesjugendorchester Rheinland-Pfalz Performance of Elgar, Beethoven and Mendelssohn, German Society of Pennsylvania, 611 Spring Garden Street, Philadelphia."
Even German cooking is featured in the magazine German Life, "a bi-monthly magazine written for all interested in the diversity of German culture, past and present, and in the various ways that North America has been shaped by its German element. The magazine is dedicated to solid reporting on cultural, historical, social, and political events." This year's recipe, Bamberg Style Stuffed Onions With Savory Beer Sauce, is featured at Taste of Home.
In this connection, we also want to mention Oktoberfest, "a sixteen-day festival held each year in Munich, Bavaria, Germany during late September [and running to the first Sunday in October, unless that first Sunday is the 1st or 2nd of October, in which case the event runs to German Unity Day, October 3]. It is one of the most famous events in the city and the world's largest fair, with some six million people attending every year, and is an important part of Bavarian culture. Other cities across the world also hold Oktoberfest celebrations, modeled after the Munich event." Obviously, many an Oktoberfest (see this list from Realbeer.com) also takes place in America. A good example is the Great Syracuse Oktoberfest.
The Infant Attorney at Learning the Law in Baby Step has Oktoberfest all planned out:
"I have a fun weekend planned. MP and I are meeting up with some college friends at Oktoberfest (not in Munich unfortunately). I'm looking forward to lots of beer, more beer and German food, I can't wait. Hopefully I'll see some hot lederhosen too! I'd love to go to Germany someday for Oktoberfest, MP was lucky enough to go when he studied abroad in Italy. It will be fun regardless. Did I mention the beer?"
Make sure you click those links above for more photos like this one, it's the first, an Oktoberfest Meisterwerk (masterpiece):
Speaking of beer, food and Oktoberfest, David Harlow at the Health Care Law Blawg (also known as HealthBlawg) cautions us mildly about such festivities:
"If you load up on bratwurst and sauerkraut this Oktoberfest, you may be in the market for coronary artery bypass graft (a different kind of cabbage ... CABG) in the future . . . and you'll want to be sure you go to a high quality provider. I interviewed the general counsel of a teaching hospital that took its CABG program offline for a while to make it better. "
That interview by David Harlow presents the topic Doug Brown, UMass Memorial Health Care's General Counsel, speaks with David Harlow about transparency and systems improvement as posted at HealthBlawg :: David Harlow's Health Care Law Blog.
Eating and drinking in connection with night life can raise legal issues, as David Giacalone at his f/k/a weblog observes in his posting lady judge says "ladies' nights" are not unconstitutional. Giacalone writes:
"Federal District Court Judge Miriam Goldman Cedarbaum (who'll be 80 years old next year) bounced avowed anti-feminist Roy Den Hollander from her Manhattan courtroom last Monday — rejecting his claim that bars and night clubs holding ladies' nights (where women are offered free or reduced-price admission or drinks) are engaged in unconstitutional gender discrimination against males under the Equal Protection Clause. See "Judge to anti-feminist: Ladies' night is alright" (AP, Sept. 30, 2008; "Ladies Night OKd by judge" (New York Daily News, Sept. 30, 2008)."
Did we mention keg tossing? Dan Slater at the WSJ Law Blog writes that:
"Earlier this summer, we told you that Vermont Law School was taking a stand against the military's 'don't ask, don't tell' policy — and paying for it. The school, whose endowment is about $14 million, could be denied federal research money to the tune of $300,000 to $500,000. (Hopefully, this won't affect the school's keg-tossing contest.)"
See a pic of Yale's Oktoberfest Keg Tossing Contest.
OK, that's been the fun part. Let's get down to more serious business. German-American legal and political affairs are important.
The German American Law Journal presents postings about US law in the German language ("Recht der USA auf Deutsch"). There are two language versions: German and English.
JuraBlogs - Die Welt juristischer Blogs (The World of legal Blogs). As written at Technorati, "JuraBlogs summarizes most of the German law blogosphere with several rankings, tools, newsletters and an advanced search functionality."
Davids Medienkritik ("Politically incorrect observations on reporting in the German media") is a pro-American blog which reports critically on transatlantic German-American relations as they are portrayed in German media. See their mission statement. An example is a posting about the Top Pet Issues for German Media Coverage of the United States.
The quality translation of legal documents is a must in the international legal sphere. Transblawg is the blog of German-English legal translator Margaret Marks, who maintains her "Weblog from Fürth on German-English legal translation / Weblog aus Fürth zur juristischen Übersetzung Deutsch-Englisch", and who refers to this edition of Blawg Review at Musings on Blawg Review/Blawg Review Deutsch-amerikanisch. An example of the type of useful postings that Transblawg makes is the Article on translating contracts into German/Probleme beim Übersetzen englischer Vertragstexte.
Speaking of contracts, marriage is also a contract that has important ramifications for German-American relations. Many children issue from marriages between Germans and Americans, and even a child born, for example, in Germany to two American parents can under some circumstances obtain a German citizenship. Amerika-Forum.de (in German) discusses the issue of dual citizenship ("doppelte Staatsbuergerschaft"). A detailed legal treatment of this important matter of dual nationality is found at the website of the U.S. Embassy in Germany.
Not only dual nationality, but also dual German-American educational degrees are possible. The Business School ESB Reutlingen discusses a double degree in international management ("Deutsch-Amerikansicher Studiengang").
Since the principle feature of this posting is by design directed to "blawg review", we present below a selection of blawgs covering the cutting edge of legal and political issues and contemporary topics of note, from a variety of perspectives:
"[A] dynamic group of political, academic and cultural institutions, foundations and corporations in Germany and the United States cooperating together to promote the transatlantic dialogue. The network offers this community a common forum aiming to create new vehicles for dialogue and partnerships as well as new channels and modes of coordination and cooperation. It is open to any organization that is active in promoting U.S.-German relations....
The NTN ... was established in September 2000. Building upon the strong 'traditions' Americans and Germans have established since World War II, the NTN identifies issues and opportunities current in the transatlantic relationship.
Network projects involve at least two partners cooperating together to develop common activities and to reach out to actors and organizations taking on new roles in the rapidly changing transatlantic environment....
The U.S. Embassy Public Affairs Section coordinates the network and maintains the website. The network communicates mainly via email and internet and meets approximately every three months to give opportunity for person-to-person networking and to welcome new members."
The listed organizations are:
"Integrated site
And that is it from us today. We hope you enjoyed some part of this posting and that it provided you with new information about your chosen interest in German-American relations.
Blawg Review has information about next week's host, and instructions on how to get your blawg posts reviewed in upcoming issues.
Did you know that German Americans make up the largest acknowledged ancestry group in America, larger even than that of the Irish or the English?
See the facts further below.
And consider that [Old English viz. Anglo-Saxon] is a West Germanic language closely related to Old Frisian, which is a North Sea Germanic language.
Mainstream press reporting about Germans and Germany during the financial crisis has been a bit one-sided, so I thought I would repost below the 180th BlawgReview which I wrote on German-American Day some years ago to provide a bit of balance.
Who are the Germans?
If you are an American, to a great degree, in terms of ancestry, they are us.
__________
This is the EU Pundit Reposting
of BlawgReview #180 (written by LawPundit, and found here and here).
Some of the links from 2008 may no longer be active.
__________
THIS IS THE 180th EDITION OF Blawg Review.
Today, on German-American Day, October 6, 2008, a day proclaimed by the President of the United States, LawPundit, as a law blog domiciled in Germany and authored by an American expatriate, born in Germany, raised in the United States, and formerly lecturing on Anglo-American law at the University of Trier Law School in Germany, is honored to host the 180th edition of Blawg Review. (If you did not read BlawgReview #179, Infamy or Praise tells you more).
There are literally millions of German-American ("deutsch-amerikanische") connections, both contemporary and historical. It may come as a surprise to many Americans to know that German Americans make up the largest acknowledged ancestry group in America, even larger than the Irish and the English. Take a look at this map from the US Census 2000 which shows all the counties in America. Those in light blue color have a plurality of inhabitants claiming German ancestry:
Indeed, as President Ronald Reagan proclaimed in 1987:
"Few people have blended so completely into the multicultural tapestry of American society and yet have made such singular economic, political, social, scientific, and cultural contributions to the growth and success of these United States as have Americans of German extraction....In fact:
"[T]here are still many metropolitan areas where German is the most reported ethnicity, such as Chicago, Cincinnati, Cleveland, Indianapolis, Milwaukee, Minneapolis-St. Paul, and St. Louis."
There are many distinguished German-Americans, some of whom are annually honored by the German-American Heritage Foundation. The German-American lawyer Friedrich Kapp "can be regarded as a pioneer of German-American historical science."
The German-Corner features biographies, among them lawyer Francis Daniel Pastorius:
"PASTORIUS, Francis Daniel (1651-1720). German-American, lawyer and colonizer, b. Sommerhausen, Germany. Practiced law in Germany; as agent for Quaker group founded (1683) Germantown, Pa., and became its first mayor, chief citizen, and schoolmaster.
He marks the beginning of German settlement in the US."
WDR.de provides us with information about Pastorius in German for our German readers:
"Noch heute heißt ein Vorort Philadelphias "Germantown ". Gegründet wird er 1685 unter dem lateinischen Namen "Germanopolis" - von einem Mann aus dem fränkischen Sommerhausen. Sein Bild ist im Kuppelgemälde des Kapitols von Philadelphia verewigt, und im Deckenfries des Kapitols von Washington steht er neben William Penn, dem Gründer von Pennsylvania. Der Sommerhausener hat selbst einen lateinischen Nachnamen: Franz Daniel Pastorius wird am 26. September 1651 als Sohn eines Juristen geboren und studiert später ebenfalls Jura. "
Another example of a famous German American is America's first millionaire, Johann Jakob Astor (Johan Jakob Astor):
John Jacob Astor, detail of an oil painting by Gilbert Stuart, 1794.
Originally Johann Jakob Astor, he was the first of the Astor family dynasty
and the first millionaire in the United States,
making his fortune in the fur trade and New York City real estate.
German Americans (German: Deutschamerikaner) are citizens of the United States of ethnic German ancestry. They currently form the largest self-reported ancestry group in the United States, accounting for 49 million people, or 17% of the U.S. population. California and Texas have the largest populations of German origin, although upper Midwestern states, including North Dakota and Wisconsin, have the highest proportion of German-American population. ...
The first Germans to arrive in the New World settled in the English colony of Jamestown, Virginia in 1608. It wasn’t until the 1680s, however, that significant numbers arrived, settling primarily in New York and Pennsylvania. Immigration continued in substantial numbers during the 19th century; with the largest number of arrivals coming between 1840 and 1900. Americans of German descent form the largest ancestry group in the U.S., outnumbering the Irish and English, with some eight million immigrants having come to the United States. Some arrived seeking religious or political freedom, others for economic opportunities greater than those in Europe, and others simply for the chance to start fresh in the New World.
German Americans have been influential in almost every field, from science to architecture, industry, sports, and entertainment. Some, like Brooklyn Bridge engineer John Augustus Roebling or architect Walter Gropius, left behind visible landmarks. Others, like Albert Einstein or Wernher von Braun, set intellectual landmarks."
Important dates in German-American history are found at the IUPUI Max Kade German-American Center, and the reader can find a list of German-American Historic Sites and Museums at that same website.
Viewed on a contemporary transatlantic and global basis, it is interesting to see from the following map that the Gross Domestic Products (GDP) of the USA and Germany, which dominate the Old World and the New World, reflect a similar work and production ethic. LawPundit has added labels to the following cartogram of the world, resized it and added a border: (you can view the original cartogram from Mark Newman, Department of Physics and Center for the Study of Complex Systems, University of Michigan, here):
Although not directed solely to America, but broadcasting "online, on-screen and over the air" in 30 languages around the world, including of course English as the primary language, the German Deutsche Welle mirrors the importance of Germany to world affairs, and, pursuant to its statutory mission:
"promote[s] understanding of Germany as an independent nation with its roots in European culture and as a liberal, democratic, constitutional state based on the rule of law.”
[emphasis added by LawPundit]
Speaking of the rule of law, the German-American Lawyers' Association, the Bonn-based Deutsch-Amerikanische Juristen-Vereinigung (DAJV), exemplifies German-American legal relations on this day, and points to the fact that:
"[T]he United States influences [German] cultural, economic and legal environment more than any other country. This is just one of the reasons why roughly 3,200 German and American jurists have joined together in our Association."
"The purpose of the DAJV:
"[I]s the advancement of professional and popular education, in particular the professional education of German lawyers and other groups interested in the fields of American law, as well as the advancement of American lawyers and other groups interested in the fields of German law."
The DAJV is holding its Annual Conference on German and American Law from August 12 to August 15, 2009, in Berkeley, California. Make a note. [image there no longer accessible]
But we are getting a bit ahead in our time schedule. For detailed information about the current German American Day, see the German American National Congress viz. Deutsch Amerikanischer National Kongress (DANK). As written at About.com:
"German-American Day - October 6 The first German-American Day was proclaimed by President Ronald Reagan in 1983 for the 300th anniversary of the arrival of 13 German families on board a sailing vessel named "Concord" (the "German Mayflower"). The Germans from Krefeld landed in Philadelphia on October 6, 1683 and founded Germantown, Pennsylvania (now part of Philadelphia). In 1987, after a campaign by German-American organizations, Congress made October 6 an official day of commemoration and President Reagan signed the proclamation...."
German American Day celebrations 2008 have taken place or are taking place from Saturday, September 27 through Monday, October 6, 2008 in the USA, e.g. in Philadelphia, Washington D.C. and Germantown. The German-American Society of Pennsylvania points to the following event schedule today as found at AOL:
"Monday, October 6: German American Day 10:00 p.m. Wreath laying ceremony at the Pastorius Monument in Vernon Park, 5818 Germantown Avenue in Germantown. Call 215.947.5490.12:00 p.m. Commemorative Luncheon highlighting the 325th Anniversary and recognizing the German roots of the Rohm and Haas. Union League, 140 South Broad Street, Philadelphia. 215.665.1585.7:00 p.m. Landesjugendorchester Rheinland-Pfalz Performance of Elgar, Beethoven and Mendelssohn, German Society of Pennsylvania, 611 Spring Garden Street, Philadelphia."
Even German cooking is featured in the magazine German Life, "a bi-monthly magazine written for all interested in the diversity of German culture, past and present, and in the various ways that North America has been shaped by its German element. The magazine is dedicated to solid reporting on cultural, historical, social, and political events." This year's recipe, Bamberg Style Stuffed Onions With Savory Beer Sauce, is featured at Taste of Home.
In this connection, we also want to mention Oktoberfest, "a sixteen-day festival held each year in Munich, Bavaria, Germany during late September [and running to the first Sunday in October, unless that first Sunday is the 1st or 2nd of October, in which case the event runs to German Unity Day, October 3]. It is one of the most famous events in the city and the world's largest fair, with some six million people attending every year, and is an important part of Bavarian culture. Other cities across the world also hold Oktoberfest celebrations, modeled after the Munich event." Obviously, many an Oktoberfest (see this list from Realbeer.com) also takes place in America. A good example is the Great Syracuse Oktoberfest.
The Infant Attorney at Learning the Law in Baby Step has Oktoberfest all planned out:
"I have a fun weekend planned. MP and I are meeting up with some college friends at Oktoberfest (not in Munich unfortunately). I'm looking forward to lots of beer, more beer and German food, I can't wait. Hopefully I'll see some hot lederhosen too! I'd love to go to Germany someday for Oktoberfest, MP was lucky enough to go when he studied abroad in Italy. It will be fun regardless. Did I mention the beer?"
Make sure you click those links above for more photos like this one, it's the first, an Oktoberfest Meisterwerk (masterpiece):
Speaking of beer, food and Oktoberfest, David Harlow at the Health Care Law Blawg (also known as HealthBlawg) cautions us mildly about such festivities:
"If you load up on bratwurst and sauerkraut this Oktoberfest, you may be in the market for coronary artery bypass graft (a different kind of cabbage ... CABG) in the future . . . and you'll want to be sure you go to a high quality provider. I interviewed the general counsel of a teaching hospital that took its CABG program offline for a while to make it better. "
That interview by David Harlow presents the topic Doug Brown, UMass Memorial Health Care's General Counsel, speaks with David Harlow about transparency and systems improvement as posted at HealthBlawg :: David Harlow's Health Care Law Blog.
Eating and drinking in connection with night life can raise legal issues, as David Giacalone at his f/k/a weblog observes in his posting lady judge says "ladies' nights" are not unconstitutional. Giacalone writes:
"Federal District Court Judge Miriam Goldman Cedarbaum (who'll be 80 years old next year) bounced avowed anti-feminist Roy Den Hollander from her Manhattan courtroom last Monday — rejecting his claim that bars and night clubs holding ladies' nights (where women are offered free or reduced-price admission or drinks) are engaged in unconstitutional gender discrimination against males under the Equal Protection Clause. See "Judge to anti-feminist: Ladies' night is alright" (AP, Sept. 30, 2008; "Ladies Night OKd by judge" (New York Daily News, Sept. 30, 2008)."
Did we mention keg tossing? Dan Slater at the WSJ Law Blog writes that:
"Earlier this summer, we told you that Vermont Law School was taking a stand against the military's 'don't ask, don't tell' policy — and paying for it. The school, whose endowment is about $14 million, could be denied federal research money to the tune of $300,000 to $500,000. (Hopefully, this won't affect the school's keg-tossing contest.)"
See a pic of Yale's Oktoberfest Keg Tossing Contest.
OK, that's been the fun part. Let's get down to more serious business. German-American legal and political affairs are important.
The German American Law Journal presents postings about US law in the German language ("Recht der USA auf Deutsch"). There are two language versions: German and English.
JuraBlogs - Die Welt juristischer Blogs (The World of legal Blogs). As written at Technorati, "JuraBlogs summarizes most of the German law blogosphere with several rankings, tools, newsletters and an advanced search functionality."
Davids Medienkritik ("Politically incorrect observations on reporting in the German media") is a pro-American blog which reports critically on transatlantic German-American relations as they are portrayed in German media. See their mission statement. An example is a posting about the Top Pet Issues for German Media Coverage of the United States.
The quality translation of legal documents is a must in the international legal sphere. Transblawg is the blog of German-English legal translator Margaret Marks, who maintains her "Weblog from Fürth on German-English legal translation / Weblog aus Fürth zur juristischen Übersetzung Deutsch-Englisch", and who refers to this edition of Blawg Review at Musings on Blawg Review/Blawg Review Deutsch-amerikanisch. An example of the type of useful postings that Transblawg makes is the Article on translating contracts into German/Probleme beim Übersetzen englischer Vertragstexte.
Speaking of contracts, marriage is also a contract that has important ramifications for German-American relations. Many children issue from marriages between Germans and Americans, and even a child born, for example, in Germany to two American parents can under some circumstances obtain a German citizenship. Amerika-Forum.de (in German) discusses the issue of dual citizenship ("doppelte Staatsbuergerschaft"). A detailed legal treatment of this important matter of dual nationality is found at the website of the U.S. Embassy in Germany.
Not only dual nationality, but also dual German-American educational degrees are possible. The Business School ESB Reutlingen discusses a double degree in international management ("Deutsch-Amerikansicher Studiengang").
Since the principle feature of this posting is by design directed to "blawg review", we present below a selection of blawgs covering the cutting edge of legal and political issues and contemporary topics of note, from a variety of perspectives:
- The blawg IP Think Tank (TM) does a "weekly selection of top intellectual property news breaking in the blogosphere and internet" which includes German and American legal news.
- The editor of IP.com's corporate blog, Securing Innovation, points to a recent article at Law.com, German Court Sees First Signs of European Patent Trolls, by Philippa Maister of IP Law & Business, and is concerned about the likelihood of confusion with IPCom GmbH in connection with the German company's whopping 12 Billion Euro patent infringement lawsuit against Nokia.
- Bob Ambrogi on Law.com's Legal Blog Watch points to a report on The World's Most Client Friendly Firms, which included Freshfields Bruckhaus Deringer in Germany, while Allen & Overy got top honors worldwide. Speaking of A&O ... we learn at the Tax Lawyer Blog, that Allen & Overy LLP will open a new office in Munich in October 2008. With its existing offices in Düsseldorf, Frankfurt am Main, Hamburg and Mannheim, Allen & Overy will be represented in five of Germany's key economic centres. Prost!
- Dan Hull at What About Paris? - formerly What About Clients? - asks Are you ready for Europe's REACH directive? In Blawg Review #65 Dan points to some German blawgs, among them "three German Fulbright Scholarship alums in Hamburg, Berlin and Seattle [who] publish the Atlantic Review, a press digest on transatlantic affairs...."
- Professors of the world unite! We ourselves use the software program Zotero as a tool for research so that the following lawsuit hits us directly. At The Laboratorium, James Grimmelman suggested that the Thompson/Reuters lawsuit against the developers of Zotero, a free EndNote competitor, was "comically inept", but Mike Madison at the Madisonian thought that there might just be a method to it all, whereas Mike Masnick at Techdirt thought the whole thing was ill-considered and suggested that Zotero could make EndNote more, rather than less, valuable. Michael Froomkin at Discourse.net adds a new legal angle, writing that "there is one interesting and potentially triable ... issue in the case ... the extent to which a contract by a firm with a (state) university can bind its professors."
- Elizabeth Garrett at Balkinization wonders "How the Financial Crisis is Reshaping Democratic Politics: Term Limits Reconsidered", whereas Rick Pildes at that same blawg considers the importance of appointing a board of overseers for the Department of Treasury in connection with the $700 Billion bank bailout.
- Nolo's Bankruptcy and Foreclosure Blog exclaims, "Bailout? Follow The Money!". ,
- Speaking of money, what about product liability cases? Jim Beck and Mark Herrmann jointly write the Drug and Device Law Blog, where they recently pointed to Learned Intermediary Rule 201 in a posting that describes the application of the "learned intermediary rule" in pharmaceutical product liability cases in which the treating physician gives slightly offbeat responses to some of the usual questions asked during discovery.
- Nothing lasts forever, and fans of the Brooklyn Dodgers went through this long ago with the demolition of Ebbets Field, as BizzBangBuzz now shares "Yankee Stadium Memories" with us. Construction and destruction are two sides of the same coin.
- At Deliberations, Anne Reed ponders in "Women Lawyers, Juries, -- And Stress?" whether juries react more positively to male lawyers rather than to female attorneys.
- Advocate's Studio in "Poor writing across the pond" tangles with the view found in TheLawyer.com, as expressed by Peter Crisp, dean of BPP Law School, that law students suffer from lapses in writing. Solutions are suggested.
- Law School is a topic at LawVibe, where Michael presents the "NYU Law School Cash for Class Scandal", the consequences of which are discussed by Paul Caron at the Tax Prof Blog and Jim Maule at MauledAgain (Part I-Tax Issues, Part II-Legal Education Issues).
- Jordan Furlong of Slaw.ca and Law21 discusses "The Future of Law Firm Branding".
- Feminist Law Professors discuss "Where Feminism, Copyright Law and This Interminable Election Intersect", pointing to a mock of Sarah Palin at the New Yorker, via the Huffington Post, which employs an Alaska parody of a famous New Yorker title page by Saul Steinberg.
- Speaking of New York, Bruce MacEwen at Adam Smith, Esq. asks in (New York) City's End, in view of "all the body blows the New York City financial services industry and its attendant handmaidens (BigLaw, that would be you) have taken in the past couple of months", whether "the Apocalypse [will be] descending upon Sin City", referring to The Sky Keep's Falling!, a book review by Tama Starr at the Wall Street Journal book shelf of Max Page's The City's End, as published by the Yale University Press, which touts the book as:
"[T]he first to investigate two centuries of imagined cataclysms visited upon New York, and to provide a critical historical perspective to our understanding of the events of September 11, 2001."
How times have changed since the days when the famous Wagners, who were German-Americans and lawyers to boot, ran things in New York City. See that link. - Regarding that forthcoming Presidential Election, Madeleine Begun Kane presents A Do-Over Supreme Court Test For Palin? posted at Mad Kane's Political Madness. Mad Kane describes herself as a "writer, musician, and "recovering lawyer.""
- LawGeek reports that Smithsonian Institution Archives photos from the Scopes trial are now available on Flickr.
- Tax Girl debates the meaning of tax hikes and tax cuts, commenting upon the vice-presidential debate that "it's not whether you speak the truth but how well you speak it." That's really "bloggitty goodness", to use a phrase found at this blawg.
- Blawgletter asks, "MTM, WTF?" in talking about FASB No. 107, Disclosures About Fair Value of Financial Instruments.
- The Madisonian.net tell us that "For just $125 this inflatable crime scene can be yours!", referring to the newest macabre Halloween product at Walmart.
- Speaking of Halloween, George's Employment Blawg has advice on "Halloween in the Workplace? It Depends…".
- Doc Searls Weblog recalls The Verdict and Absence of Malice, for which Paul Newman won the Oscar as leading actor, as Idealawg bids good-bye to actor Paul Newman, to whom the Connecticut Law Blog give's a hero's farewell, as do TalkLeft, The Right Coast, Mark Wahlstrom's The Settlement Channel, The Bizop News, the Hugh & Hazel Darling Law Library at UCLA, Houston's Clear Thinkers, the Justice Building Blog, Jailhouselawyer's Blog, Instapundit, Ideoblog, and What About Clients? The CM Law Library Blog even asks the pertinent question as to how many people were led to study law by cinema portrayals of lawyers by actors such as Newman, citing to the August 2008 ABA Journal report on The 25 Greatest Legal Movies, as selected by attorneys.
- Patent attorney Brett J. Trout addresses every blawger's problem in Define Yourself posted at BlawgIT.
- Mrinalini Kochupillai signed-off from the Spicy IP blog with a lengthy and worthwhile post discussing whether India needs a publicly-funded R&D law like the U.S. Bayh-Dole law.
- Dan Hull at What About Paris?(TM) suggested that the services industries -- including legal services -- could use an ease-of-use award like that given to manufactured goods.
- Sam Conforti in Software Licensing & Master Service Agreements provided some guidance to those considering SaaS Contracting, the web-based license of software as a service (SaaS).
- Dan Harris of the China Law Blawg has thrown a lifeline to anyone who's been provided bad products by a Chinese supplier. He also ventures to say on China Joint Ventures. Can Things Get Any Worse? as posted at China Law Blog. Take a look at the opening page of the law firm of Harris & Moure - in no less than five languages - English, Spanish, Russian, Chinese, and, of course, German.
- Seth Freilich of QuizLaw is none-too-pleased that a judge with two DUI convictions has been sentenced to a total of twelve days of pro bono legal services.
- When IBM seeks to patent a method for finding new things to patent, Victoria Pynchon of the IP ADR Blog thinks that it's a sign that we need a legal equivalent of the TED conference.
- Michael Moore at the Pennsylvania Labor & Employment Blog has surveyed the worsening economy and sees the writing on the wall. He offers some timely advice to employers contemplating reductions in force.
- Sharon Nelson at her ride the lightning electronic evidence blog found herself somewhere she seems to have considered the back of beyond, but at least one attendee at her presentation on appropriate self-marketing online was paying attention, as he bolted the scene to scrub his Facebook profile.
- At the Ohio Employer's Law Blog, in honor of Rosh Hashanah, which begins the Jewish New Year, Jon Hyman has posted some words of wisdom about accommodating religious holidays. What does an employer do if an employee wants to take such a day off from work? Hyman writes: "Title VII [of the Civil Rights Act] requires an employer to reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship."
"[A] dynamic group of political, academic and cultural institutions, foundations and corporations in Germany and the United States cooperating together to promote the transatlantic dialogue. The network offers this community a common forum aiming to create new vehicles for dialogue and partnerships as well as new channels and modes of coordination and cooperation. It is open to any organization that is active in promoting U.S.-German relations....
The NTN ... was established in September 2000. Building upon the strong 'traditions' Americans and Germans have established since World War II, the NTN identifies issues and opportunities current in the transatlantic relationship.
Network projects involve at least two partners cooperating together to develop common activities and to reach out to actors and organizations taking on new roles in the rapidly changing transatlantic environment....
The U.S. Embassy Public Affairs Section coordinates the network and maintains the website. The network communicates mainly via email and internet and meets approximately every three months to give opportunity for person-to-person networking and to welcome new members."
The listed organizations are:
- New Traditions Network
- American Academy in Berlin (and New York)
- American Chamber of Commerce
in Germany e.V. (Frankfurt and Berlin) - American Institute for Contemporary German Studies (AICGS) (Washington D.C.)
- American Jewish Committee (Berlin)
- Aspen Institute Berlin
- Atlantik Brücke e.V. (Berlin)
- Atlantische Akademie Rheinland-Pfalz (Kaiserslautern)
- Atlantische Initiative e.V.
- Auswärtiges Amt (German Foreign Office, Berlin)
- Bayerisch-Amerikanisches Zentrum im Amerika Haus München e.V. (BAZ) (Munich)
- Bertelsmann Stiftung (Gütersloh)
- BMW Stiftung Herbert Quandt (Munich)
- Bridge of Understanding (Berlin)
- Bundesvereinigung der Deutschen Arbeitgeberverbände (BDA) (Berlin)
- CDS International, Inc. (New York)
- Charité Universitätsmedizin Berlin (Berlin)
- Checkpoint Charlie Stiftung (Berlin)
- College Council GmbH (Berlin)
- DaimlerChrysler AG (Berlin)
- Deutsch-Amerikanische Juristen-Vereinigung e.V. (DAJV) (German-American Lawyers Association) (Bonn)
- Deutsch-Amerikanisches Zentrum (DAZ) (Stuttgart)
- Deutsche Gesellschaft für Auswärtige Politik (DGAP) (German Council on Foreign Relations) (Berlin) (English)
- Deutscher Akademischer Austauschdienst (DAAD) (Bonn, Berlin, New York)
- Deutscher Industrie und Handelskammertag (DIHK) (Association of German Chambers of Industry and Commerce)
- Deutsch-Nordamerikanische Gesellschaft (Berlin)
- Dräger-Stiftung (Lübeck)
- Einstein Forum
- European School of Governance (eusg) gGmbH
- Freie Universität Berlin (John F. Kennedy Institut, Berlin Consortium for German Studies
- Friedrich Ebert Stiftung (Berlin, Washington D.C.)
- Friedrich Naumann Stiftung (Potsdam, Berlin, Washington D.C., Brussels)
- Fulbright Alumni e.V. (Berlin, Dresden, Frankfurt am Main)
- Fulbright-Kommission (Berlin)
- Georgetown University, Washington, D.C. Student Exchange with Humboldt Universität zu Berlin
- German Bridge- Wayne State University (Munich, Detroit)
- German Marshall Fund (Berlin, Washington D.C.)
- Harvard University Alumni Club of Berlin e.V.
- Heinrich Böll Stiftung (Berlin, Washington D.C.)
- Humboldt-Universität zu Berlin
- Illuminate Consulting Group, L.L.C. (San Jose, Berlin)
- Institute for Cultural Diplomacy (Berlin)
- Institute for the International Education of Students (IES) (Berlin)
- Jüdisches Museum Berlin (Jewish Museum)
- Konrad Adenauer Stiftung e.V. (Berlin, Washington D.C., Brussels)
- Körber-Stiftung (Hamburg, Berlin)
- Partnerschaft der Parlamente (Berlin)
- RIAS Berlin Kommission
- Robert Bosch Foundation Alumni Association (Washington, D.C., Madison, Wisconsin)
- Robert Bosch Stiftung (Stuttgart, Berlin)
- Senatskanzlei Berlin (Berlin Senate Chancellery)
- Stanford University, Stanford in Berlin
- State Legislative Leaders Foundation – Europe (Berlin)
- Stiftung Denkmal für die ermordeten Juden Europas (Foundation for the Memorial to the Murdered Jews of Europe)
- Stiftung der Deutschen Wirtschaft e.V. (sdw) (Berlin)
- Technische Universität Berlin (TU)
- Touro College Berlin
- Transatlantisches Studentenforum (Berlin)
- U.S. Embassy (Berlin)
- Veranstaltungsforum der Verlagsgruppe Georg von Holtzbrinck (Berlin)
- Villa Aurora, Kreis der Freunde und Förderer e.V. (Berlin, Los Angeles (Pacific Palisades))
- WilmerHale
- World Trade Center Frankfurt (Oder) GmbH (Frankfurt/Oder)
"Integrated site
For the first time, Germany.info will fully integrate the German Embassy, the eight German Consulates in the United States, and the German Information Center USA into one website.
Easy access to visa/passport info
First and foremost, all visa, passport and other consular services information will be clearly laid out and easy to access. For the first time, users will be able to use an interactive map to find the German Consulate General, or Embassy, that serves them. They can then easily use that Consulate’s website to find directions, opening hours and other information specific to that location. Also for the first time, Germany’s Honorary Consuls in the United States will each have a page on Germany.info.
First and foremost, all visa, passport and other consular services information will be clearly laid out and easy to access. For the first time, users will be able to use an interactive map to find the German Consulate General, or Embassy, that serves them. They can then easily use that Consulate’s website to find directions, opening hours and other information specific to that location. Also for the first time, Germany’s Honorary Consuls in the United States will each have a page on Germany.info.
The German version of the site will feature comprehensive consular and legal information.
More videos
The new Germany.info will feature short videos more prominently—from informative films on renewable energy, for example, to fun skits on learning German. Of course, we’ll also keep running and expand our popular quizzes and interactive contests.
The new Germany.info will feature short videos more prominently—from informative films on renewable energy, for example, to fun skits on learning German. Of course, we’ll also keep running and expand our popular quizzes and interactive contests.
Informative features
The relaunched site will offer more features on studying in and traveling to Germany, learning the German language, the German business landscape, Germany’s role at the forefront of renewable energies and climate protection, German-US relations and much more.
The relaunched site will offer more features on studying in and traveling to Germany, learning the German language, the German business landscape, Germany’s role at the forefront of renewable energies and climate protection, German-US relations and much more.
Germany in your area
To make it easier for you to find German cultural events and organizations in your area, Germany.info will feature information specific to each part of the country. There will be a cultural events listing and an extensive listing of German organizations in America.
To make it easier for you to find German cultural events and organizations in your area, Germany.info will feature information specific to each part of the country. There will be a cultural events listing and an extensive listing of German organizations in America.
Germany.info en Español
Germany.info was one of the first websites published by an embassy not from South America to feature a version in Spanish for America's growing Spanish-speaking population. With the relaunched site, we will be expanding our Spanish language offering into a more comprehensive site.
Germany.info was one of the first websites published by an embassy not from South America to feature a version in Spanish for America's growing Spanish-speaking population. With the relaunched site, we will be expanding our Spanish language offering into a more comprehensive site.
Join us on October 3 to celebrate the new Germany.info, take part in special relaunch games, win great prizes and enjoy our new fun features.
Sincerely, Jennifer Clardy."And that is it from us today. We hope you enjoyed some part of this posting and that it provided you with new information about your chosen interest in German-American relations.
Blawg Review has information about next week's host, and instructions on how to get your blawg posts reviewed in upcoming issues.
Tuesday, July 03, 2012
Unified Patents in the EU, nearly: Unified Patent Court to be located in Paris, London and Munich for 25 EU Member States as Italy and Spain Opt Out
Owen Bowcott, the legal affairs correspondent at the Guardian, reports that a new European Union EU Unified Patent Court will be split between Paris, London and Munich as the European Council Summit OKd the new unified court
-- except for Spain and Italy, who opted out.
The agreement of the European leaders means that a single patent at some time in the future -- perhaps by 2014 when the court has been set up -- will be valid across the other 25 European Union Member States.
Advocates of States' Rights in the USA should examine the disconcerting Spanish and Italian opt out. That kind of undesired development is what happens when federalism is too weak and legal authority is watered down by local action.
-- except for Spain and Italy, who opted out.
The agreement of the European leaders means that a single patent at some time in the future -- perhaps by 2014 when the court has been set up -- will be valid across the other 25 European Union Member States.
Advocates of States' Rights in the USA should examine the disconcerting Spanish and Italian opt out. That kind of undesired development is what happens when federalism is too weak and legal authority is watered down by local action.
Wednesday, June 27, 2012
The Rule of Law vs. Religion: State vs. Church: Circumcisions of Young Children for Religious Reasons Ruled Illegal Bodily Harm by German Regional Court
Jews and Muslims on the same side of a legal issue regarding religion?
Is circumcision of defenseless juveniles by zealous adults a religious right?
Not according to a decision just handed down by German regional court in Cologne, Germany.
Deutsche Welle has the story at German regional court outlaws child circumcisions, writing:
As far as modern legal principles of human rights in the Western world are concerned, this German court decision is absolutely correct as a matter of law. No other legal result is possible as far as human rights are concerned.
"Freedom of religion" can not serve as a justification for the imposition of bodily harm on others.
Freedom of religion means that human beings, when they get to be legally independent adults, can choose the religion THEY want for THEMSELVES.
Permitting physical mutilation of children by parents or other adults just because THEIR religion historically permits it, in no way justifies inflicting bodily harm on children who, when they are able to choose, may in fact select a different religious path than that followed by their parents. Circumcision FORCES a given religion on a child.
Irreversible physical mutilation via circumcision is a forced bodily harm on young people who are unable to defend themselves, thus marking them for life at a time when they can give no legal consent or otherwise defend themselves. That is obviously clearly wrong as a matter of law.
People should have the right to worship the God they choose - for THEM.
Whenever religion means that OTHERS are implicated, that is no longer religion at all, but simple tyranny of one human being over another.
Our modern world suffers daily because of religious superstitions handed down over the centuries by the various established religions and these superstitions are blindly followed by people who otherwise consider themselves to be moderns.
Our daily news screens are filled with atrocities committed in the name of religion, as if religion excused them, which it can not.
Quite the contrary, if there is a God Almighty, those will be punished, by God.
Law is not a handmaiden of religion.
If men or women are answerable to GOD, then they are personally answerable to THEIR OWN GOD, not to someone else's God, nor are human beings placed on this Earth to be victims to someone else's religious rites, rituals or beliefs.
People like Thomas Becket never understood this.
We can all be thankful in Western Civilization to King Henry II of England, whose legal reforms contra to religious influence and traditions led to the modern system of common law (and its spin-offs, such as the US legal system) via an increasing separation of Church and State.
Let God rule the heavenly realms. On Earth, we have the "rule of law". This was the principle philosophy of the Protestant Reformation in Christianity, which began in Germany and enabled our modern world. As written at the Wikipedia:
The modern world only became possible when the temporal affairs of mankind were separated from man's belief systems. As we often are apt to say, "belief is the absence of fact". When things are "known" to be true, they are no longer religion, belief or faith. They are known. Religion must thus be kept separate from temporal life. Religion deals with the unknowable.
The progressive reforms initiated during the reign of Henry II paved the way for the British Empire, for the establishment of English as the lingua franca of the world, and for the legal separation of Church and State, increasingly freeing mankind to better develop innate talents and abilities, such as were enshrined in the preamble to the American Declaration of Independence:
Indeed, the pervasive negative influence of the religions on daily events continues unabated. Wherever you look, the religions are creating strife and conflict everywhere where they have influence, rather than working for and achieving the betterment of life on this planet for Earth's inhabitants.
Our view is universal and applies to ALL religions, who should stay out of temporal affairs. We might add here that America currently has 6 Catholics and 3 Jews as Justices on the U.S. Supreme Court, out of 9 judges -- i.e. there are no Protestants at all on the nation's highest court, for a nation in which the majority of the population is Protestant.
All 9 of these Justices represent religions and ways of looking at the world that have been overthrown -- successfully -- since the Protestant Reformation by modern temporal philosophies and religions. Some commentators say religion is irrelevant to the Supreme Court -- but the actual court DECISIONS speak another tale, as this court has been judged to be the most conservative in decades. We would say -- what else did you expect?
As long as such major institutions as the U.S. Supreme Court, whether in the USA or elsewhere, are controlled by people whose entire background has inculcated them with backward and antiquated religious, moral, legal, philosophical and personal ideas out of long-gone centuries or past millennia, you can not reasonably expect much progress in law, economics or society in the countries of those institutions -- and indeed, things in many places on our planet are going backward, rather than forward.
The battle that Henry II of England waged still goes on....
make no mistake about that.
Is circumcision of defenseless juveniles by zealous adults a religious right?
Not according to a decision just handed down by German regional court in Cologne, Germany.
Deutsche Welle has the story at German regional court outlaws child circumcisions, writing:
"A court in Cologne has ruled that circumcising young children for religious reasons causes grievous bodily harm and is illegal, even with parental consent. Jewish and Muslim organizations have blasted the decision.Nicholas Kulish at the New York Times in German Ruling Against Circumcising Boys Draws Criticism writes:
The regional court in the western city of Cologne ruled on Tuesday that child circumcision constituted "illegal bodily harm," even with parental consent. In the verdict, the court said that the "fundamental right of the child to bodily integrity outweighed the fundamental rights of the parents."
"Germany has no law against male circumcision, as there is against female genital cutting. Experts said that the decision would not be enforceable in other jurisdictions. But the legal uncertainty and threat of possible prosecution could lead doctors to decline to perform the procedure."So why should males be genitally cut and females not? Genital cutting can not be legal for one sex and not the other.
As far as modern legal principles of human rights in the Western world are concerned, this German court decision is absolutely correct as a matter of law. No other legal result is possible as far as human rights are concerned.
"Freedom of religion" can not serve as a justification for the imposition of bodily harm on others.
Freedom of religion means that human beings, when they get to be legally independent adults, can choose the religion THEY want for THEMSELVES.
Permitting physical mutilation of children by parents or other adults just because THEIR religion historically permits it, in no way justifies inflicting bodily harm on children who, when they are able to choose, may in fact select a different religious path than that followed by their parents. Circumcision FORCES a given religion on a child.
Irreversible physical mutilation via circumcision is a forced bodily harm on young people who are unable to defend themselves, thus marking them for life at a time when they can give no legal consent or otherwise defend themselves. That is obviously clearly wrong as a matter of law.
People should have the right to worship the God they choose - for THEM.
Whenever religion means that OTHERS are implicated, that is no longer religion at all, but simple tyranny of one human being over another.
Our modern world suffers daily because of religious superstitions handed down over the centuries by the various established religions and these superstitions are blindly followed by people who otherwise consider themselves to be moderns.
Our daily news screens are filled with atrocities committed in the name of religion, as if religion excused them, which it can not.
Quite the contrary, if there is a God Almighty, those will be punished, by God.
Law is not a handmaiden of religion.
If men or women are answerable to GOD, then they are personally answerable to THEIR OWN GOD, not to someone else's God, nor are human beings placed on this Earth to be victims to someone else's religious rites, rituals or beliefs.
People like Thomas Becket never understood this.
We can all be thankful in Western Civilization to King Henry II of England, whose legal reforms contra to religious influence and traditions led to the modern system of common law (and its spin-offs, such as the US legal system) via an increasing separation of Church and State.
Let God rule the heavenly realms. On Earth, we have the "rule of law". This was the principle philosophy of the Protestant Reformation in Christianity, which began in Germany and enabled our modern world. As written at the Wikipedia:
"At the beginning of the Protestant Reformation, Martin Luther articulated a doctrine of the two kingdoms. According to James Madison, perhaps one of the most important modern proponents of the separation of church and state, Luther's doctrine of the two kingdoms marked the beginning of the modern conception of separation of church and state.[5]
In the 1530s Henry VIII, angered by the Catholic Church's refusal to annul his marriage with his wife Catherine of Aragon, decided to break with the Church and set himself as ruler of the new Church of England, the Anglican Church...."The foundations of the Reformation are to be sought in the reign of Henry II, who we have always regarded to be England's greatest king, for his reign was a landmark in the beginning of the progressive reform of an antiquated world. As written at the Wikipedia about Henry's reign:
"Henry's reign saw significant legal changes, particularly in England and Normandy.[170][nb 21] By the middle of the 12th century, England had many different ecclesiastical and civil law courts, with overlapping jurisdictions resulting from the interaction of diverse legal traditions. Henry greatly expanded the role of royal justice in England ...... Henry was prepared to take action to improve the existing procedures, intervening in cases which he felt had been mishandled, and creating legislation to improve both ecclesiastical and civil court processes.[180] ... Between 1159 and 1163, Henry spent time in Normandy conducting reforms of royal and church courts and some measures later introduced in England are recorded as existing in Normandy as early as 1159.[183]In 1163 Henry returned to England, intent on reforming the role of the royal courts.[184] He cracked down on crime, seizing the belongings of thieves and fugitives ... Henry created the General Eyre, probably in 1176, which involved a dispatching a group of royal justices to visit all the counties in England over a given period of time, with authority to cover both civil and criminal cases.[187] Local juries had been used occasionally in previous reigns, but Henry made much wider use of them.[188] ... After the Assize of Clarendon in 1166, royal justice was extended into new areas through the use of new forms of assizes ... In making these reforms Henry both challenged the traditional rights of barons in dispensing justice and reinforced key feudal principles, but over time they greatly increased royal power in England.[191][nb 23]" ...
[A] main source of conflict [was the Roman Catholic Church and] concerned the treatment of clergy who committed secular crimes: Henry argued that the legal custom in England allowed the king to enforce justice over these clerics, while Becket maintained that only church courts could try the cases."The issue today is the same. The "rule of law" and religious practices are in conflict, and, of course, the rule of law must win.
The modern world only became possible when the temporal affairs of mankind were separated from man's belief systems. As we often are apt to say, "belief is the absence of fact". When things are "known" to be true, they are no longer religion, belief or faith. They are known. Religion must thus be kept separate from temporal life. Religion deals with the unknowable.
The progressive reforms initiated during the reign of Henry II paved the way for the British Empire, for the establishment of English as the lingua franca of the world, and for the legal separation of Church and State, increasingly freeing mankind to better develop innate talents and abilities, such as were enshrined in the preamble to the American Declaration of Independence:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights,[76] that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security." [emphasis added]Circumcision of defenseless juveniles is one of those long trains of abuse and usurpation, committed by religions as "religious governments", as it were, who are forcing their tyrannies on others.
Indeed, the pervasive negative influence of the religions on daily events continues unabated. Wherever you look, the religions are creating strife and conflict everywhere where they have influence, rather than working for and achieving the betterment of life on this planet for Earth's inhabitants.
Our view is universal and applies to ALL religions, who should stay out of temporal affairs. We might add here that America currently has 6 Catholics and 3 Jews as Justices on the U.S. Supreme Court, out of 9 judges -- i.e. there are no Protestants at all on the nation's highest court, for a nation in which the majority of the population is Protestant.
All 9 of these Justices represent religions and ways of looking at the world that have been overthrown -- successfully -- since the Protestant Reformation by modern temporal philosophies and religions. Some commentators say religion is irrelevant to the Supreme Court -- but the actual court DECISIONS speak another tale, as this court has been judged to be the most conservative in decades. We would say -- what else did you expect?
As long as such major institutions as the U.S. Supreme Court, whether in the USA or elsewhere, are controlled by people whose entire background has inculcated them with backward and antiquated religious, moral, legal, philosophical and personal ideas out of long-gone centuries or past millennia, you can not reasonably expect much progress in law, economics or society in the countries of those institutions -- and indeed, things in many places on our planet are going backward, rather than forward.
The battle that Henry II of England waged still goes on....
make no mistake about that.
Tuesday, June 26, 2012
London 2012 Olympic Games and Protection of Olympic Properties: Trademark Laws and Restrictions on Commercial Use of Olympic Symbols
Marianne Chappuis, Trademark Legal Counsel of the International Olympic Committee has a June, 2012 article at WIPO Magazine, IP and Sport, titled The Olympic Properties (June 2012) in which "Olympic properties" are defined as follows:
As in the USA, these special laws not only protect Olympic trademarks but even go BEYOND normal trademark laws in the protections offered.
More information on Olympic trademarks is found at:
A special law in Germany, the Olympiaschutzgesetz (OlympSchG, Das Gesetz zum Schutz des olympischen Emblems und der olympischen Bezeichnungen), protects Olympic trademarks. There is on the books a lower German court decision holding that particular law to be unconstitutional, but a later filed petition to the German Parliament to repeal the law failed, so that relying on that lower court opinion might not be the best idea in Germany, where the special Olympic property protection law is still in effect.
Starting with the 1976 Olympic Games in Montreal, countries hosting the Olympic Games have adopted specific legislation to protect Olympic properties, and to fight ambush marketing (unauthorized exploitation of events) and regulate advertising. As Chappuis writes about London 2012:"The Olympic Charter is the codification of the Fundamental Principles of Olympism, Rules and Bye-Laws adopted by the IOC. According to Rule 7 of the Charter, the Olympic properties include the Olympic symbol as well as the Olympic flag, motto, anthem, identifiers (such as “Olympic Games” and “Games of the Olympiad”), designations, emblems, the Olympic flame and torches.All rights to any and all Olympic properties belong exclusively to the IOC, including rights to their use such as in relation to profit-making, commercial or advertising purposes."
"In relation to the London 2012 Olympic Games, the UK Parliament has adopted the London Olympic and Paralympic Act [London Olympic Games and Paralympic Games Act 2006]. This legislation extends legal protection to all properties associated with the London 2012 Olympic and Paralympic Games. Moreover, it forbids any entity from associating itself, or its products or services, with the Olympic Games to gain a commercial advantage, unless expressly authorized to do so by the London 2012 Organising Committee (LOCOG) [London Organising Committee of the Olympic and Paralympic Games]. The law also provides local authorities and LOCOG with the means to fight ambush marketing efficiently, and to prevent the unauthorized sale of Olympic tickets and other ambush marketing activities at an Olympic venue or in the air space surrounding it." [links added by LawPundit]As a matter of international law, the Nairobi Treaty on the Protection of the Olympic Symbol of September 26, 1981, protects the five-ringed Olympic trademark as follows in the signatory countries (but there are only 50 signatories):
"All States which are party to the Treaty are under the obligation to protect the Olympic symbol—five interlaced rings—against use for commercial purposes (in advertisements, on goods, as a mark, etc.) without the authorization of the International Olympic Committee."Hence, the Olympic properties also rely for protection on special Olympic laws passed in the other nations, such as the USA. In this regard, Trademark Issues to Consider When Covering the Upcoming 2012 Olympic Games is the name of a posting by Maya Yamazaki at the MediaLaw Monitor of Davis Wright Tremaine - a publication which alerted us to this intellectual property issue.
As in the USA, these special laws not only protect Olympic trademarks but even go BEYOND normal trademark laws in the protections offered.
More information on Olympic trademarks is found at:
- INTA - International Trademark Association - Facts Sheets Protection a Trademark - Protection of Olympic Trademarks
- 2012 Olympics London at london2012.com - FAQs - Using the brand
The above is the official site of the 2012 Olympics in London and it provides a list of protected "Games' Marks" and explanations of permissions and prohibitions.
- London 2012 Blog at the New York Times - Mary Pilon - Trademark Rights Can Trip Up Well-Intentioned Crafters
- UKTrademarkRegistration.co.uk - London shops warned against infringing Olympic trademark
- Reuters - Avril Ormsby - Olympics-London firms stumble over trademark hurdles
A special law in Germany, the Olympiaschutzgesetz (OlympSchG, Das Gesetz zum Schutz des olympischen Emblems und der olympischen Bezeichnungen), protects Olympic trademarks. There is on the books a lower German court decision holding that particular law to be unconstitutional, but a later filed petition to the German Parliament to repeal the law failed, so that relying on that lower court opinion might not be the best idea in Germany, where the special Olympic property protection law is still in effect.
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