Patrick Soon

For the Trademark/Copyright Litigator: How to Use Reverse Image Search Technology to Prevent and Monitor Infringement

noreply@blogger.com (Patrick Soon) — Tue, 30 Apr 2019 20:45:00 +0000

(Note: This article originally appears on the American Bar Association's Section of Litigation Technology for the Litigator website as "The Magic of Reverse Image Searches".)

Intellectual-property litigators are now using online tools and research databases more and more to assist in efficiently advising their clients. While many lawyers use Google for finding information, not many know that they can use Google to do a “reverse image search” to assist their clients in preliminary consultation regarding similarity of such visual intellectual property (trademarks and copyrights) to other already existing images on the Internet. With this free technology, instead of inputting search terms to find images online, users may upload images or pull images from other websites and see what other online images are similar.

How Does It Work?
There are several reverse image search engines available with their own search algorithms, unique layouts, and target demographics. Examples are TinEye, Byo Image Search, GazoPa, RevIMG, IM2GPS, Idée, Google Images, and imgSeek, and SnapTell,which was acquired by Amazon in 2009. Without a doubt, however, the most popular options are Google Images and TinEye. Even though Google Images arrived on the reverse image search scene rather late (debuting only last year), the strength of its database of images has quickly made it the search engine of choice for reverse searches.

With this reverse image search technology, a user can take an image on his or her computer in any number of formats (for example, JPEG, PNG, TIFF, BMP) and upload it to one of the reverse image search engines. Almost instantaneously, the search engines will scour the Internet and find any images that are either exactly the same or very similar. Just as in a regular image search, the search engines show a list of images and the websites where the images are located. Google Images also allows users to search by dragging and dropping images into the main search bar, using an image’s URL location, or by right-clicking on browser web pages with a downloaded Chrome or Firefox extension.

Similarity of Visual Images
In trademarks, there are several factors that would show infringement by way of confusion (for example, similar sounding words, placement of products, and channels of trade); however, the worlds of copyright and trademark overlap on one single imperative when it comes to infringement: similarity. Copyright and trademark owners are most likely to litigate over this factor because the visual representation of a mark (or work) is one of the most salient characteristics of intellectual property to the general public.

So, for example, before an attorney commissions an arguably expensive Thomson CompuMark research report on the similarity of a proposed trademark logo for her client’s new supermarket chain, she could take the proposed image and do her own research beforehand. By doing this, she prepares herself for the worst and could highlight any marks that the proposed logo might look substantially similar to. This aids her client in avoiding a lengthy trademark research bill, saving time, and most of all, avoiding a costly application rejection by the U.S. Patent and Trademark Office.

Litigators must also search for any derivative works that might have used visual cues from their client’s intellectual property. In this regard, reverse image searches provide information on which images look strikingly similar and which may have similar styles.

Step-by-Step Instructions
There are four ways to conduct a reverse image search using Google Images: (1) copying and pasting a web address (uniform resource locator, or URL), (2) uploading an image, (3) dragging an image onto the search screen, or (4) right-clicking on images online (after installing a Chrome or Firefox browser extension).

Here are the directions for uploading images the traditional way:

Direct your browser to http://images.google.com.

Click on the camera icon on the right-hand side of the search bar.

There you will find two options: “Paste image URL” and “Upload an image.” Select “Upload an image.”

Here you can either drag an image file from your computer to the search bar or find it using the “Choose File” function. I chose the latter.

Hit “Open.”

Test 1: “Fake Nike” (drawing I made on my PC)

Here, to show how powerful reverse image search is, I used the popular mark for Nike. Google displayed a total of five images that were the exact Nike “swoosh” I mimicked in my drawing—and a few more that look very similar as well:

This test shows the incredible visual accuracy of Google’s reverse image search. Attorneys can just as easily upload images sent to them by their clients for these searches—without even having the final draft intended for commercial use. As demonstrated directly below, a photographed image works just as well.

Test 2: “Real Pinkberry” (photo I took earlier this year)

In the photo I took for this test, the lighting conditions were not perfect, the company’s logo was not completely in view (showing only “pinkber”), and the subject was not even perfectly straight. However, this posed no problem to Google. It not only returned online images that were similar to the one I had uploaded but also guessed that the product displayed belonged to “Pinkberry”:

Attorneys do not need to be well versed in any photo editing or illustrator software. In fact, to conduct a reverse image search, an attorney could just as easily take a photo of a preliminary mock-up with his or her smart phone. Attorneys who have the Google Goggles app can take and submit images instantaneously without having to go through a personal computer for transferring files.

Conclusion
Although reverse image searching is no Thomson CompuMark trademark research report and by no means the most reliable method of preventing or monitoring for trademark and copyright infringement, reverse image searches provide quick and free information about images similar to the one searched for. Certainly, attorneys with fewer resources at hand and those unsure of whether or not to embark on certain litigation or prosecution matters can add a layer of information to protect their clients’ intellectual-property interests.

Keywords: litigation, technology, reverse image search, trademark, copyright, intellectual property, infringement, Google

The future of tire design

noreply@blogger.com (Patrick Soon) — Wed, 26 Dec 2012 06:37:00 +0000

Nexus 4 Camera Review & Sample Shots

noreply@blogger.com (Patrick Soon) — Thu, 01 Nov 2012 18:20:00 +0000

The reviews are slowly coming in but it seems like this headset is going to be an absolute hit with extraordinary specs at an affordable price. Very important to consumers is how good the included 8MP camera is. Since few if any review are available yet, here are some sample shots, and reviews of the camera on the LG Optimus G, LG's sister phone to the Nexus 4:

Sample shots from the Nexus 4 (from XDA -- click link for large shots):

360 degrees samples :

https://plus.google.com/photos/10971...44425740640962

https://plus.google.com/photos/10971...10990038515330

Sample Shots from the LG Optimus G 8MP (from AP)

According to Android Police:

...this is almost certainly the same 8MP sensor found in the AT&T Optimus G. If you're eager for sample shots, I have some in a review of that phone (you'll have to see the key for 13MP vs 8MP shots). It's a good camera. Not as good as the GSIII / Note II (especially for fine detail), but perfectly respectable, and likely has some of the usability features I discuss fixed since they're mostly related to software.

http://www.androidpolice.com/2012/10/17/optimus-g-review-has-lg-finally-entered-the-big-leagues/#camera

If you haven't seen Google's location history page, prepare to have your mind blown.

noreply@blogger.com (Patrick Soon) — Wed, 31 Oct 2012 20:43:00 +0000

Yes, Google tracks where you are periodically. Scared yet?

Check out your location historyhere: https://maps.google.com/locationhistory/b/0/dashboard

Google Latitude

accounts.google.com

Store your past location history, view and manage it with Google Maps, and see a dashboard of interesting information, such as trips or frequently visited locations. Your location history is not shared with anyone.

See more commentary on r/Android: http://www.reddit.com/r/Android/comments/12e7rk/google_now_distance_travelled/

Steve Jobs' Post-Mortem Yacht, Venus, Now Completed [Video]

noreply@blogger.com (Patrick Soon) — Mon, 29 Oct 2012 02:39:00 +0000

Best Free Audio Transcription: VoiceBase

noreply@blogger.com (Patrick Soon) — Sun, 28 Oct 2012 21:28:00 +0000

I found a free, online service that provides speech-to-text transcription, and also enables one to search for a particular audio string. In this case, I had a great audio recording that I ad-libbed as I captured video of software, without a script. (It was a very creative but not careful day .) Now I have better recording equipment and need a transcription so I can record again.

You might also have a case where you need an after-the-fact script of another person's recording, such as a speech. You might also need to search for a particular audio string. And since it's an online repository, you could use this service as a backup audio archive.

Here's the link. Although the basic, free transcription is machine-based, and therefore imperfect, they also offer a fee-based, human transcription.

via: Articulate

Robot Noodle Chef

noreply@blogger.com (Patrick Soon) — Fri, 17 Aug 2012 09:59:00 +0000

T-Mobile Samsung Galaxy S2 (T989) Lag, Freezing, Unresponsive after ICS Update? Try this.

noreply@blogger.com (Patrick Soon) — Sat, 30 Jun 2012 05:34:00 +0000

You should try wiping your cache partions.

Take out the battery

Put it back in

Hold Volume up + Volume down + Power until you feel it vibrate and see the "SAMSUNG"

Let go off power but keep holding volume buttons

this boots you into 3e recovery

use volume down to scroll to wipe cache partions

hit home to select

and then scroll back up to reboot and then hit home

hope it helps

From: http://support.t-mobile.com/thread/27442?start=0&tstart=0

Thanks toindian9990

Asians Have Strange Customs [webcomic]

noreply@blogger.com (Patrick Soon) — Tue, 26 Jun 2012 03:58:00 +0000

Artist: Monica Ekabutr
Artist's Site: http://eelhips.tumblr.com/

How To Remove Windows 7 Login Screen

noreply@blogger.com (Patrick Soon) — Sat, 23 Jun 2012 06:14:00 +0000

Source: http://www.sevenforums.com/tutorials/377-log-automatically-startup.html

--
EXAMPLE: Log On Screen
NOTE: With Automatic Log On, you will not see this anymore. Windows 7 will boot into the desktop of the selected user account instead.

Here's How:

1. Open the Start Menu.

2. In the search line, type netplwiz and press Enter. (See screenshots below)

3. To Turn On Automatic Log On for a User Account

A) Check the Users must enter a user name and password to use this computerbox. (See screenshot below)

B) Click on the user account name, that you want to have automatically log on at startup, to highlight it. (See screenshot above)

C) Uncheck the Users must enter a user name and password to use thiscomputer box. (See screenshot below)

D) Click on OK. (See screenshot above)

E) Go to step 6.
4. To Turn Off Automatic Log On

A) Check the Users must enter a user name and password to use this computerbox. (See screenshot below step 3A)

B) Click on OK. (See screenshot below step 3A)

C) Your done.
5. To Change the User Account to Automatically Log On to
NOTE: For this step, you would have already had a user account selected to log on to automatically in step 3.

A) Check the Users must enter a user name and password to use this computerbox, and click on the Apply button. (See screenshot below step 3A)

B) Select the other user account name, that you want to have automatically log on at startup instead, to highlight it.

C) Uncheck the Users must enter a user name and password to use thiscomputer box. (See screenshot below step 3C)

D) Click on OK. (See screenshot below step 3C)
6. Enter the User Account Password

A) In the Password field, enter the selected user account's password. (See screenshot below)
NOTE: If the user account does not have a password, then leave this field empty. See the WARNING at the top of the tutorial.

B) In the Confirm Password field, enter the selected user account's password again to confirm that it is the same as in step 6A above.

C) Click on OK.

Video of Microsoft's Surface Tablet

noreply@blogger.com (Patrick Soon) — Mon, 18 Jun 2012 23:48:00 +0000

How to Watch US Netflix in Canada Without a Proxy

noreply@blogger.com (Patrick Soon) — Mon, 11 Jun 2012 07:14:00 +0000

According to this blog, there is a safe and free way to watch US Netflix in Canada. You know, the Netflix with more movies, tv shows, and all-round more robust library of video.

I can't say I've tried this yet but it seems to be making the rounds on reddit and others have said it works fine. Mind you, this is still "tunneling" but it's at least free. How does it work? According to the blog:

The process is really simple, sign up at http://www.tunnelbroker.net/ and create a regular tunnel. Select the nearest end-point to you to get the best performance. From there, follow HE's example configuration to get your IPv6 tunnel set up on your PC.

Enjoy: http://www.mrobinson.ca/2012/06/american-netflix-in-canada.html

Casio Edifice EF547D Watch: Review & Photos

noreply@blogger.com (Patrick Soon) — Sat, 02 Jun 2012 23:47:00 +0000

I was very glad to have ordered this watch. I got it from JustCalculators and was very pleased when it arrived a day early. The watch itself is beautiful and fairly understated. There are quite a number of watchmakers out there with designs mimicking the famed Omega Speedmaster Pro (the first watch on the moon). That said, I choose the Casio Edifice EF547 because it has a dependable quartz movement, a mineral crystal display, and a reliable track record through Casio.

A couple negative points might be that it is somewhat on the heavier side as far as metal watches go and the watch face is fairly large (though nothing like the size and weight of a Bell & Ross). It takes some getting used to since just the face itself is actually quite heavy. If you love heavy watches and/or are accustomed to large watches this then is not a problem at all. I'm already used to its size and weight now. If, however, you have small wrists, perhaps consider getting a lighter watch like a Seiko.

Two other watches I strongly considered from the Edifice line were the EF546 and the EFR502. Both are very similar to the EF547. Definitely look at those before making your final decision. That said, you can't go wrong with this.

[Amazon]

Subaru BRZ Youtube Video Advertisment: "Out to Drive"

noreply@blogger.com (Patrick Soon) — Sat, 02 Jun 2012 08:07:00 +0000

Scion FR-S Youtube Video Advertisement (Long Version)

noreply@blogger.com (Patrick Soon) — Sat, 02 Jun 2012 07:37:00 +0000

Lexus HS 250h Hybrid Discontinued

noreply@blogger.com (Patrick Soon) — Wed, 23 May 2012 02:11:00 +0000

Can't say I didn't see it coming.

http://www.digitaltrends.com/cars/lexus-discontinues-hs-250h-hybrid/

China's Dinoconda Dinosaurland Coaster: The Scariest 2 Minutes of Your Life

noreply@blogger.com (Patrick Soon) — Tue, 22 May 2012 22:40:00 +0000

Simon Pegg on Being a Geek

noreply@blogger.com (Patrick Soon) — Tue, 24 Apr 2012 08:23:00 +0000

How to Restart the Printer Spooler Service in Windows 7 (Without Restarting The System))

noreply@blogger.com (Patrick Soon) — Thu, 12 Apr 2012 07:05:00 +0000

Directions:

1. Open Administrative Tools by clicking the Start button , clicking Control Panel, clicking System and Maintenance, and then clicking Administrative Tools.

2. Double-click Services. If you are prompted for an administrator password or confirmation, type the password or provide confirmation.

3. Right-click the Print Spooler service, and then click Properties.

4. On the General tab, next to Startup type, make sure that Automatic is selected.

5. If the service is not already running, under Service status, click Start, and then click OK. If you are prompted for an administrator password or confirmation, type the password or provide confirmation.

HP Envy 14 Spectre Review

noreply@blogger.com (Patrick Soon) — Wed, 11 Apr 2012 12:53:00 +0000

The HP Envy Spectre (credit: Alejandro Cortés)

As one of the new range of Ultras hitting the shelves the HP Envy is going to have to deliver across all of the key strands including weight, battery life and size if it is going to compete in what promises to be one of the bloodiest battle grounds for consumer choice in recent history. The price of these devices may have people searching for payday loans but in all other aspects they are extremely competitive.

So will the envy have what it takes?

Before we get started on the device and its specifications we have to consider the name. Envy and Spectre are some pretty obscure terms to bunch in to the title of a device. One of them alone is enough to force a scratch of the head. For the sake of ease let’s just call it The Spectre as that seems to be HP’s intention. (Or, perhaps, as a cursory instruction to all other devices in this category!)

Initially The Spectre does make a dazzling impression. This is due in no small part to the glass-topped display bezel and keyboard tray. Combine with the ultra slender exterior the device exudes the sort of class you would expect from a machine in this price bracket. The second impression it makes is not quite so inspiring. At 3.2 kilos this is beast of an ultrabook, about three times what you would really expect an ultrabook to weigh in at. This is the price you have to pay for looking good. The Spectre is covered in toughened impact resistant glass. Unfortunately as a result you do feel the need to wear a pair of antistatic gloves just to pick it up.

The display specifications

In terms of screen size the Spectre does outweigh its opponents in the field but at least in this respect this is a good thing. The 13.3 inch size is at the top end of the ultrabook range, but within that frame the spectre has managed to cram in a 1600 x 900 backlit LED panel. The results in terms of the graphics it produces are very impressive. Video playback is particularly rich and well defined. The screen ratio lends itself well to photo editing which is much easier than on many of the other ultras that are hitting the market. Viewing angles from above and below the screen are superb, but if you look below the plane of the sweet spot there is some shift in colour and saturation.

How does this machine perform?

It is when you start running through the functionality and operations that things start to come asunder for the spectre. It scored just a 106 on WorldBench 7, coming in 3^rd place out of 4 with other similar ultrabooks. Again here the price has been paid for appearance and devoting all the performance power into the high resolution display has taken away from the speed at which it is able to work. Although it does boast a battery life or 9.5 hours realistically it will last for some 3 hours less than that at optimum functionality. This kind of duration is about average for the ultras and certainly not likely to turn any of them green as a result.

Is the sound up to scratch?

Enhanced audio is one of the key selling points for The Spectre and as a result one of the biggest disappointments. Boasting, as it does, about the advanced beats technology like a rap star, you would expect this to be excellent, but it proves to be all swagger and no substance as is too often the case. If you are going to listen to sounds through the speaker system you will need to make sure you do so in a quietened room as the inbuilt sound system does not project very well. If you do listen through the system it is best not to listen to anything with a heavy baseline as sounds above 60% volume come through with considerable distortion and you do get the distinct feeling that the whole machine might vibrate apart.

Conclusion

Overall this is a great machine with many superb features, but not the best ultra you are likely to buy, but you could do a lot worse.

Hotspot Shield and the Blue Screen of Death

noreply@blogger.com (Patrick Soon) — Wed, 21 Mar 2012 17:02:00 +0000

Getting the blue screen of death while using Hotspot Shield?

An intrepid reader, Vito Evola, asked for me to write a little on this topic as I had referenced it here before:

First of all, great blog! It's really been useful!
I was hoping to find something about hotspot shield and the blue screen of death issue, but i only found it mentioned on one of your pages. Would you be able to write something up on how to troubleshoot it? or is there already something, and i just couldn't find it?
Thanks again, and all the best!Vito

Check out these links for solutions:

1. http://boardreader.com/thread/Hotspot_Shield_related_Blue_Screen_of_De_m2lX59dd.html
2. http://gadget-reviews.info/2009/02/03/hssdrvsys-causing-blue-screen-error.aspx
3. http://discussions.virtualdr.com/showthread.php?t=245425

Taken 2: Moot Court Edition

noreply@blogger.com (Patrick Soon) — Thu, 01 Mar 2012 05:35:00 +0000

This year, as a officer on the moot court board of my law school, I decided to make the moot court filing cabinet into a law school meme wall. This is my first creation for it. I made this after seeing a version of it on reddit.

It references Liam Neeson's cult favorite, Taken. If you haven't watched it, you should, it's awesome.

Grooveshark Down

noreply@blogger.com (Patrick Soon) — Sat, 28 Jan 2012 05:40:00 +0000

www.grooveshark.com

Little Printer adorably wastes paper and clutters up your home.

noreply@blogger.com (Patrick Soon) — Wed, 30 Nov 2011 10:29:00 +0000

Hello Little Printer, available 2012 from BERG on Vimeo.

Rooting T-Mobile Samsung Galaxy S2 for ICS

noreply@blogger.com (Patrick Soon) — Wed, 23 Nov 2011 07:46:00 +0000