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Recent Posts
- False endorsement claim can proceed against gov’t issued license plates and gov’t facility named for Roberto Clemente
- Non-TM owner can use 43(a) to challenge confusing use
- 11th Circuit affirms defense TM verdict; evidence of confusion is not evidence of harm for disgorgement
- CFP: Yale/Harvard/Stanford Junior Faculty Forum, May 21-22
- court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?
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Meta
Monthly Archives: April 2014
Transformative work of the day?
Browser plug-in that swaps Daily Mail headlines with reader comments. Nearly complete identity but for the arrangement, but also commentary, and this reaction shows how the two are intertwined: “This plugin is definitely funny, but there’s something illuminating about it … Continue reading
Reading list: judging similarity in copyright
Shyamkrishna Balganesh, Irina D. Manta, & Tess Wilkinson-Ryan, Judging Similarity, 100 Iowa L. Rev. (forthcoming 2014) Our first study reveals that basic knowledge about the act of copying, meaning that one work was copied from the other, greatly influences individuals’ … Continue reading
Reading list: false advertising and prior restraint
Corinne Stuart, The Applicability of the Prior Restraint Doctrine to False Advertising Law(Winter v. Natural Resources Defense Council, Inc., 129 S. Ct. 365, 2008), 21 Geo. Mason L. Rev. 531-555 (2014). Argues that prior restraint doctrine should be applied to … Continue reading
Next Great Copyright Act Conference, reform
Modes and Venues for Reform Moderator: Nancy E. Weiss, U.S. Institute of Museum and Library Services (IMLS) Troy Dow, The Walt Disney Company Need to ensure meaningful and not merely symbolic protection to authors as well as users; otherwise it’s … Continue reading
Next Great Copyright Act Conference, remedies
Remedies and Enforcement Moderator: Mitchell Zimmerman, Fenwick & West LLP To copyright maximalists, the entire population of the world seems to be Holmes’ bad man. Corynne McSherry, Electronic Frontier Foundation Broad agreement on need to fix, even if we don’t … Continue reading
Next Great Copyright Act Conference: Larry Lessig
David Nelson Memorial Keynote Lecture Introduction by Andrew E. Monach, Morrison & Foerster LLP Lawrence Lessig, Harvard University Aaron Swartz: How will you ever solve the problem of laws that choke creativity with a government that’s so corrupt. Lessig said … Continue reading
Next Great Copyright Act Conference, quasi-copyright
Quasi-Copyright Reforms Moderator: Hank Barry, Sidley Austin Rebecca Tushnet, Georgetown Law School I’m going to talk about managing the interface between copyright and several other rights—in the very first panel of the conference, Wendy Gordon reminded us that various doctrines … Continue reading
Next Great Copyright Act Conference, libraries
Reforms Affecting Schools, Libraries, Archives, and Museums Moderator: Tom Hemnes, GTC Law Group LLP & Affiliates Ruth Okediji, University of Minnesota Law School Schools don’t play a central role in the last Copyright Act; the next shouldn’t take the same … Continue reading
The Next Great Copyright Act Conference, exceptions and limitations
Exception & Limitation Reforms Moderator: Andrew Gass, Latham & Watkins Jessica Litman, University of Michigan Law School Saying that the most important reason for copyright is to encourage readers etc. to experience works of authorship might suggest that readers etc. … Continue reading
The Next Great Copyright Act Conference, music
Music Industry Specific Reforms Moderator: Lydia Loren, Lewis & Clark Law School Rube Goldberg-like design of rules, antitrust degrees, licenses, etc.: reform is hardest to contemplate, but most desperately needed. So we need some ideas. Gary Greenstein, Wilson Sonsini Goodrich … Continue reading