Professor’s work leads to correction of federal statute error

Kelley School of Business professor Tim Lemper’s discovery of a misplaced comma within a federal law several years ago has led to an overturning in federal trademark statute.

According to a press release issued Tuesday, few thought the misplaced comma would affect the law, which was passed to protect companies and their trademarks and brands.

After coming to IU in 2007, Lemper looked further into the issue. What he found became the basis for Congress correcting the problem this fall, according to the press release.

Lemper’s findings were published in two legal journals, including the Texas Intellectual Property Law Journal.

“It really was a case of a misplaced comma,” Lemper said in the press release. “The legislation started in the House. In the Senate, however, the drafters tried to revise the language to make it more clear but apparently inadvertently changed the legal effect of the law.”

According to the press release, the Academy of Motion Picture Arts and Sciences was the first party to fall victim to the drafting error when it tried to prevent the Alliance of Professionals and Consultants from using the term “Oscar” for its own set of business-related awards.

The academy claimed the alliance’s use of the term “diluted” the mark, but the error caused the alliance to win the case.

“It was clear from the legislative history that this was a drafting error,” Lemper said. “I discussed the issue with several people in the trademark bar, but they didn’t think it was a real threat.”

After Lemper’s research findings were published, President of the American Intellectual Property Law Association Bill Barber contacted him, according to the press release, and the organization began to lobby Congress to correct the error.

President Barack Obama signed the amendment into law Oct. 5, according to the press release.

“It was a dream situation for me,” Lemper said. “The reason I came to Indiana University and the Kelley School of Business was to focus my work on issues that impact the business environment, not just abstract issues of academic interest only to professors.”

— Kirsten Clark