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Potential New FCC Boss Blames Obama For The Washington Post's Botched Russian Utility Hacking Story

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We've noted how one of Trump's top telecom advisors is Jeffrey Eisenach, a long-time Verizon consultant and aggressive opponent of net neutrality. Eisenach's one of three Trump advisors who have made it clear their top priority in the new administration will be to not only gut net neutrality, but to defang and defund the FCC as a consumer watchdog on telecom issues. Eisenach isn't just an advisor, he's also on the shortlist to be the next head of an agency he doesn't believe in.

But when Eisenach isn't busy dreaming about dismantling net neutrality, he can apparently be found writing logically incoherent op-eds over at the Wall Street Journal. In a strange little tirade posted on January 3, Eisenach quite correctly ridicules the Washington Post's recent false claim that Russians were busy hacking U.S. utilities. In short, a piece of common malware was found on one PC, and because the Washington Post couldn't be bothered to even call the company in question, the paper created a bogus narrative, based entirely on anonymous sources, that casually pushed the country closer to war.

Yeah, no biggie.

Eisenach starts off well enough, quite correctly illustrating the depth of the Washington Post's failure on the story, and how the malware was arguably run of the mill, and certainly not directly tied to the government:

"The kind of malware involved in these two intrusions is neither new nor particularly sophisticated. It is run-of-the-mill spyware that has probably been implanted on thousands of networks around the world, from home computers to those inside banks, power companies and government agencies. These bugs are freely available online, and the code found at the Democratic National Committee and the power company isn't even the latest version. The notion that such a mundane piece of software reveals a new and ominous threat to critical infrastructure is laughable."
All true. But Eisenach's piece then takes a strange turn, in that it somehow tries to blame the Washington Post's awful reporting on... the outgoing President:
"Misleading the American people to advance a political narrative has been a hallmark of President Obama's foreign policy. The most recent example is the administration's attempt to conflate the hacking of the Democratic Party with potential cyberattacks on critical infrastructure...Cyberthreats pose a clear danger to national security, and building an effective defense will take a concerted effort by the Trump administration. Americans are right to be concerned. But by playing on those fears, the Obama administration is putting politics ahead of the national interest."
While the Washington Post was once again happy to quote all manner of anonymous, pearl-clutching intelligence sector insiders for its story (a bipartisan disorder for sure), Obama wasn't among them. Nor is there any indication that the Obama administration actively encouraged the Washington Post to trip over its own shoelaces and perform an epic, journalistic face-plant. Obama certainly has been no saint on cybersecurity, but to blame him for the Washington Post's dysfunction is more than a little strange, especially when the entire point of your article is to lament the senseless politicization of cybersecurity.

Someone might want to notify Eisenach that as a top advisor and potential new FCC boss, he's now the one in a position of power. If your goal is to demonstrate that partisan patty cake should be nowhere near technology and cybersecurity policy, why not demonstrate that with your actions -- instead of penning editorials that completely undermine the entire point you're trying to make?

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Trademark Dispute Between Coffee Companies Over 'Detroit' Trademark Demonstrates The USPTO's Carelessness

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It bears repeating: far too many of the trademark disputes we cover here at Techdirt are in large part the fault of a USPTO all too willing to grant trademarks on terms that are overtly either broad or based on geography. One would hope that it went without saying that trademarks, designed to inform the public as to the source of the products they buy, cannot work to that end if the identifying marks are not specific or original within the marketplace. Yet the Trademark Office too often doesn't seem to consider this when rubber-stamping applications.For example, there is currently a trademark dispute going on between two coffee companies over the name of the city of "Detroit."

A local company’s Detroit-branded java doesn’t jive with an East Coast entity that claims it was the early bird in the Motor City joe business.But the target of the complaint insists the Dec. 22 lawsuit filed by New York-based Detroit Coffee Co. is nothing more than a shakedown.“This is a Wall Street-versus-Woodward type of mentality,” said A.J. O’Neil, owner of Hazel Park-based Detroit Bold Coffee Co. “They think the little guy will fold.”Detroit Coffee Co., a Michigan LLC with a New York City address, filed a complaint alleging trademark infringement against Detroit Bold. It demands a jury trial in U.S. District Court for the Southern District of New York.
It's only through the absurdity of granting a trademark on something like "Detroit Coffee" to begin with that you can generate a reality that includes a New York City business suing a Detroit-based business over the name of a city combined with the name of a common product. When considering trademarks that incorporate geographic names, the bar for infringement is supposed to be much higher. And, should the case move forward, perhaps that higher standard will be applied, but it's still worth considering whether a trademark like "Detroit Coffee" ought ever to have been approved in the first place. After all, whatever the resolution in court ends up being, the monetary burden on such legal action isn't meager.
“It’s not like I have all this extra income to hire a big legal team and go (to New York) to fight this,” he said. “Those folks in New York are conjuring up something that at best has no merit.”
Adding to the strangeness of this particular case is that Detroit Coffee allowed its trademark to lapse until 2016, when it re-registered after Detroit Bold Coffee trademarked its two logos for "Detroit Bold Coffee Company."
O’Neil told The News he and his attorney, Mark Schneider, haven’t seen any evidence that Detroit Coffee actually sells any coffee under the Detroit Coffee name, or has ever sold coffee or other merchandise branded with that name. The trademarks the company pulled in the early 2000s were dead at the time Detroit Bold registered new logos bearing “Detroit Bold Coffee Co.” in early 2016, according to trademark office records.Detroit Coffee renewed trademarks on the “Detroit Coffee” name for use on brewed coffees, teas and beverages on April 14, 2016, roughly two months after O’Neil registered two logos bearing the words “Detroit Bold Coffee Company.”
If true, that would seem to leave Detroit Bold Coffee in the clear, except it still would have to take on the burden of the court case. Which means this is all still ultimately the fault of a USPTO too willing to liberally approve trademarks.

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