Monthly Archives: November 2014

NPR story on apple varieties and TM as substitute for patent

The story suggests that control over new varieties could last forever, instead of expiring as previous patents on new varities have, because the varieties are “trademarked.” Query: if the public knows the apple as SweeTango, why isn’t that word the … Continue reading

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bills, applications and manuals can be commercial speech

Heartland Payment Systems, Inc. v. Mercury Payment Systems, LLC, 2014 WL 5812294, No. C 14–0437 (N.D. Cal. Nov. 7, 2014) Heartland and Mercury compete to provide electronic payment processing to small and medium-sized merchants through point of sale (POS) systems, … Continue reading

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Prior class settlement precludes state from seeking restitution for false advertising

California v. IntelliGender, LLC, — F.3d —, No. 13–56806, 2014 WL 5786718 (9th Cir. Nov. 7, 2014) The 9th Circuit held that a CAFA-compliant settlement precluded the People of the State of California, acting through their representatives (here San Diego’s … Continue reading

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lack of substantiation versus falsity

In re Bayer Phillips Colon Health Probiotic Sales Practices Litig., No. 11–3017, 2014 WL 5776153 (D.N.J. Nov. 6, 2014) This is another case where Bayer argued that the plaintiff’s claims were merely based on “lack of substantiation” for Bayer’s scientific … Continue reading

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Guest post: Peter DiCola’s notes from Notre Dame roundtable on The Eureka Myth

Jessica Silbey’s _The Eureka Myth_ Book Roundtable at Notre Dame November 7th, 2014 Notes from Peter DiCola *Panel #1* 1) David Schwartz — Praise for the book — Will raise a few methodological issues — Issue of representativeness of the … Continue reading

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The Eureka Myth: Reputation

Fourth Session: Reputation and Policy Take-Aways Abraham Drassinower: what does thinking about misalignment tell us how to think about IP?  Move from debunking eureka myth to debunking the myth of progress.  Misalignment of IP with its own justifications, needs of … Continue reading

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Eureka Myth roundtable: Communities and Creativity

Third Session: Communities and Creativity Rebecca Tushnet: Silbey’s choice of subjects are those who are the targets of IP law: inventors, artists, various types of intermediary facilitators like lawyers.  They are very important.  (Unsurprisingly, they are not utility monsters, such … Continue reading

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