Another startup blatantly steals university trademarks

A friend directed my attention to a startup-y website selling “cheap smartphone [insurance] coverage” for “as little as $3 a month”. Right at the top of the Penn-branded subdomain (penn.getcovered.co) was an iPhone mockup showing the Penn shield:

GetCovered ripping off Penn seal

highly doubt they went through all the trouble of actually licensing the trademark from the university. Penn’s policy on use of its logos by external entities provides (emphasis added):

Outside sponsors of University programs or activities often seek to use University names or insignia in promotional or advertising materials. While the University is pleased to recognize the contributions of sponsors, such recognition must not suggest University endorsement of the sponsor’s activities. Therefore, University names or insignia may not be used in connection with any outside entity’s name or logo without prior approval of the Secretary of the University. In general, the Secretary will approve uses which recognize or acknowledge the sponsor’s contribution to the University program or activity. Uses which, in the Secretary’s judgment, may suggest University endorsement or approval of the sponsor’s goods or services will not be permitted.

The big issue, of course, is the risk of confusion — by consumers, etc — who might think that the service is sponsored or endorsed by the university. There would be a pretty good prima facie case for trademark infringement, especially since the registrant behind the domain name appears to be a Stanford grad with no connection to Penn.

But to top it all off, the site seems to be lying on its face. The Penn page includes a quote from a “Leah B, Philadelphia, PA”:

Leah B, Philadelphia, PA quote

but the exact same quote is used on the non-Penn-branded homepage of GetCovered, this time from “Leah B, Washington, DC”!

Leah B, Washington, DC quote

As an alum, I certainly don’t want the university’s shield to be used in connection with this company. What they’re doing is strangely reminiscent of the Campus Backup service that OCM was marketing a few years ago — which shut down after my blog post overtook their site in search engines.

Update (2015-11-02): a quick Google search of the opening sentence of the quote directed me to the source — a 2012 comment on a Gawker post by a Gawker contributor, no obvious connection to GetCovered.

Changing this site’s tagline

Previously, my site tagline was “News, technology, life, and more.”

As of today, it is now “Technology, law, life, and more.”

When I first started this blog in 2008, I labelled it “A blog discussing current events, news, politics, technology, law and more.” Even then, as a high schooler, I was interested in the law—and in the intersection of law and technology.

I distanced myself from law for a while, enticed by opportunities in engineering and medicine, right around the time I was applying to university and completing my first year of undergrad. Mirroring this stage of my life, I removed the keywords “politics” and “law”. I blogged about healthcare-related issues.

As I now decide between two fantastic law schools to attend next year, I’ve realized that my entire path has been leading me to this intersection of law & technology. But no matter where I go, I will always be a technologist first; the order of words in “Technology, law, life, and more” reflects that (and the deliberate Oxford comma).

It was time to update my blog to publicly acknowledge my choice of path in life—indeed, my return to my true passions.

Review: PennMobile app, and its botched launch

In the past, I’ve written about scams in computer services, and poor use of technology on a campus media site. Now bringing you… my views on a student government project to deliver a mobile app, PennMobile, to the University of Pennsylvania.

Since I was involved with planning when the 2013-2014 Vice-President of the UA was drafting the Penn Mobile App Resolution (which passed on December 8, 2013), I have been tracking the project and offering feedback since its inception. On multiple occasions, I have been disappointed with how the project was realized.

In this 3-part post, I’m going to cover:

  1. The botched initial public release
  2. Still unfixed bugs on Android that were reported
  3. The original vision

Continue reading “Review: PennMobile app, and its botched launch”

The silent threat

On September 11, 2001, some 3000 Americans were killed by terrorists... every year since... some 20000 Americans died because they couldn't get health care.

Terrorism is salient and graphic. Wars abroad are visible — at least imaginable. Justifying trillions in spending on fighting threats that can be exaggerated is easy when triggering fear in the population is as easy as reporting a claim without evidence; even more so when all Americans feel like it’s a threat they face.

But death from lack of access to medicine isn’t the kind of problem that privileged lawmakers and the people with power and influence tend to encounter, except, perhaps, the doctors and health economists who see it most vividly.

Quotation above from The Healing of America, by T.R. Reid. Required reading for HCMG 850.

Found some old screenshots…

When I first came to Penn, the website for the Nominations & Elections Committee looked like this:

Old NEC site circa 2011
No, this wasn’t the year 1999… this was in 2011.

NEC website redesign

I set out to redevelop and redesign this, upgrading it from a static HTML site edited over SFTP to a WordPress CMS on Canvas. More importantly, the website redesign in 2012 needed to fit the rebranding that Penn underwent that academic year. In other words, I wanted it to look more like the university’s design. (An email to the Communications office responsible for web assets clarified that we could, in fact, do this.)

Continue reading “Found some old screenshots…”

Jefferson on intellectual property

“Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody.”

VI Writings of Thomas Jefferson, at 180—181 (Washington ed.), as quoted in Graham v. John Deere Co., 383 U.S. 1 (1966). Emphasis mine.

Form 1098-T: an example of international students’ special needs

Blank Form 1098-T

I am not a tax attorney or tax consultant. I’m merely an undergraduate student at the University of Pennsylvania, and the Co-Chair of the International Student Advisory Board.

IRS Form 1098-T, which educational institutions issue to students as a tuition statement for tax purposes, is used by many American families to claim educational credits or deductions on their federal tax returns.

Should international students have this form?

It’s complicated. In many situations, yes.

Universities often will choose not to issue this tuition statement to international students because those students can’t do anything with it. ← If I had to write this with footnotes, there would be a million asterisks next to that sentence; keep reading. We’ll return to this question below.

Are international students able to use this form for anything?

Most international students are ineligible to claim those educational credits/deductions because they are nonresident aliens (e.g. F-1 student). Hence, these individuals would not benefit from having the 1098-T.

Some, especially graduate students, may be eligible to claim credits/deductions because…

  1. they are resident aliens per the substantial presence test, particularly after the 5th year of being in the United States;
  2. they are nonresident aliens for immigration, but resident aliens for tax purposes as the spouse of an American citizen or resident alien; or
  3. they are nonresident aliens for both immigration and tax purposes, but eligible dependents of parents who are resident aliens/permanent residents/citizens; those parents are able to claim these credits in certain situations.

IRS Publication 970 explains who is eligible to claim the American Opportunity Credit. Of note: tax-free scholarships and grants affect whether, and how much, you can claim.

Figure 2-2 from IRS Publication 970, illustrating who is eligible to claim the American Opportunity Credit.
Figure 2-2 from IRS Publication 970, illustrating who is an eligible student for the American Opportunity Credit. Note: not all eligible students can claim. See Publication 970 for a flowchart of who is eligible to claim.

I am an international student in the above categories. Can I get a 1098-T from my school?

The IRS says that universities “do not have to file Form 1098-T or furnish a statement for… nonresident alien students, unless requested by the student“. Additionally, they are not required to provide it for “students whose qualified tuition and related expenses are entirely waived or paid entirely with scholarships”.

You must still meet all of the other requirements to get a 1098-T:

  1. Attend an eligible educational institution (college, university, vocational school, or other postsecondary educational institution in §481 of the Higher Education Act)
  2. Have paid qualified tuition and related expenses in that tax year
    • i.e. tuition, fees, course materials required to be enrolled
    • does not include room, board, insurance, medical expenses including student health fees, transportation, and personal/living/family expenses
  3. Receive credit for the completion of course work leading to a postsecondary degree, certificate, or other recognized postsecondary educational credential
    • i.e. most undergraduate bachelors programs and graduate masters and PhDs are fine
    • continuing education is often not included
  4. Be enrolled in any academic period of that tax year (consult IRS instructions for exceptions)
  5. Have provided your SSN or ITIN to the educational institution either through student records or an additional Form W-9S

What are some potential hurdles?

I was in a situation this year where my university did not issue me a 1098-T, and responded to my request with a form letter:

Does every Penn student receive a 1098-T?
Penn does not provide a 1098-T to non-resident aliens, or any student whose qualified charges are fully funded by grant, scholarship or tuition waivers, or any student who was enrolled in non-credit courses during the academic year.

They additionally stated,

“Though you might have received a 1098t form in the past, going forward as a Canadian citizen you will not receive one.”

As I’ve explained above in this post, this determination was a mistake. It conflates citizenship & immigration status with residency for tax purposes, and ignores the possibility that someone else other than me may be eligible to claim the credit.

Furthermore, even if I were a nonresident alien ineligible to claim the credit, nothing in the IRS regulations for Form 1098-T gives the educational institution the right, responsibility, or power to determine whether I might be eligible to claim the credit; nor does it permit them to deny a Form 1098-T to a nonresident alien’s request.

I’m not a lawyer.

Neither are the people at Penn who decided initially that I wouldn’t get a statement. But apparently I’m capable of reading the IRS documents and figuring out for myself what I’m entitled to.

What does this situation reveal about international students?

First, on the superficial level, this situation reveals that immigration status and residency for immigration purposes differs from tax status and residency for tax purposes. Clearly, not all employees who handle these cases are aware of these stipulations.

More importantly…

Even if we define international students to be non-citizens and non-permanent residents of the United States, this constituency is large, diverse, and varied, with complex needs based on their individual families’ statuses. It is a mistake to define broad, indiscriminate policies that treat all international students identically.

If you think I’ve made a mistake in this post, or wish to disagree with my conclusion here, I’d like to hear from you. Comment below or send me an email using the contact form.