Monthly Archives: February 2015

WIPIP, part 2, Session 3 Trademark

Posted on February 9, 2015 by rtushnet

Session 3, Trademark   Leah Chan Grinvald, Constructive Consent   Courts adopt as evidence of fame the number of users = strength = fame.  Example: the number of Flipboard users accepted by a court in October.  But that also is … Continue reading →

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WIPIP, Part 2, Session 2, Trademark

Posted on February 9, 2015 by rtushnet

Glynn Lunney, Inefficient Trademark Law   Older TM lawyer would be surprised at breadth: inherently distinctive marks were the only marks, and double identity was essentially the rule.  Today: looks very different. What will it look like in 100 years—will … Continue reading →

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WIPIP, part 2: Copyright

Posted on February 9, 2015 by rtushnet

Session 1, Copyright   Jim Gibson [with Chris Cotropia]: Random sample of copyright cases filed 20080-2011, coded 957 cases for parties, claims, remedies requested, final adjudication. The filesharing cases and PRO cases (music) tell the expected IP story. Ps from … Continue reading →

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WIPIP Session 4, Cross-IP

Posted on February 6, 2015 by rtushnet

Mark Lemley (& Mark McKenna), Scope   Midnight in the Garden of Good & Evil copyright infringement case.  Court rejects invalidity claim: the photo has some creative elements.  So it has to go to a jury on infringement. But we … Continue reading →

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WIPIP Session 3: Copyright

Posted on February 6, 2015 by rtushnet

Session 3, Copyright Abraham Bell (& Gideon Parchomovsky), Copyright Trust   Incentives to create: if we recognize too few owners, then we haven’t incentivized them enough.  If we have too many owners, we disturb the efficiency of use.  Many owners … Continue reading →

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WIPIP Session 2: Trademark

Posted on February 6, 2015 by rtushnet

Jeremy Sheff, The Ragged Edge of the Lanham Act   Similar to Tushnet project; will focus on question about Lanham Act’s structuring of interface between PTO and federal courts.  Registrability v. enforceability: incontestability; §2(a) bars versus the common law—some of … Continue reading →

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WIPIP session 1: Trademark

Posted on February 6, 2015 by rtushnet

WIPIP Session 1: TM Deborah Gerhardt (& Jon McClanahan), Colors   20 years of Qualitex: who is registering color? How do marketing folks view color? People remember color images more accurately/longer than B&W; color cues amplify legibility and familiarity; send … Continue reading →

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IP question of the day, Harper Lee edition

Posted on February 4, 2015 by rtushnet

Amazon’s Write On is its project challenging Wattpad, trying to develop writers–including fan writers.  Participants aren’t compensated, but this is a commercial endeavor on Amazon’s part and presumably it will try to transition the successful ones to paid publishing.  So, … Continue reading →

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New article: images and the right of publicity

Posted on February 3, 2015 by rtushnet

Rebecca Tushnet, A Mask that Eats into the Face: Images and the Right of Publicity (38 Columbia J.L. & Arts, forthcoming 2015)   Abstract: In their eagerness to reward celebrities for the power of their “images,” and to prevent other … Continue reading →

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Reading list: Craswell on sports team nicknames

Posted on February 3, 2015 by rtushnet

Richard Craswell, When Nicknames Were Crowd-Sourced ~ OR ~ How to Change a Team’s Nickname   Craswell is an excellent writer with an engaging topic even for a non-sports fan like me. Treat yourself to this short monograph.  Excerpt:   … Continue reading →

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