Monthly Archives: September 2015

Right of publicity question of the day

Posted on September 30, 2015 by rtushnet

Does the mention of Lin-Manuel Miranda and his amazing, go-listen-to-it-right-now musical Hamilton, in this sponsored post at the Toast violate his right of publicity? from Blogger http://ift.tt/1KRQSl4

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Silicon Valley darling uses negative option offers, attracts criticism

Posted on September 29, 2015 by rtushnet

This Buzzfeed story suggests that JustFab, which received a billion-dollar valuation, has the same problems as previous FTC-targeted companies started by its founders. from Blogger http://ift.tt/1FBJ7E6

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seeds of disaster: Syngenta must continue to fight claims based on genetically altered seeds

Posted on September 28, 2015 by rtushnet

In re Syngenta AG MIR 162 Corn Litig., Nos. MDL 2591, 14–MD–2591–JWL, 2015 WL 5607600 (D. Kan. Sept. 11, 2015)   Corn producers, non-producer corn sellers, and milo producers sued Syngenta because of its production of genetically altered corn, which … Continue reading →

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More on VW and the DMCA

Posted on September 28, 2015 by rtushnet

NPR has a short piece here. from Blogger http://ift.tt/1iFLvik

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Notice and Notice Failure at BU, panel 8

Posted on September 26, 2015 by rtushnet

Robert Bone – Notice Failure and Defenses in Trademark Law   Bone’s basic argument: Principal notice issue in TM is uncertainty about scope, and principal problem is chilling effects. Bone finds an important distinction between unauthorized uses that implicate rights … Continue reading →

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Notice and Notice Failure at BU, panel 7

Posted on September 26, 2015 by rtushnet

Mark Lemley – Ready for Patenting   Patent’s problematic approach to what we want to encourage when we grant a patent. Long struggle with what you are giving us is simply an idea/conception or an actual thing/reduction to practice.  Various … Continue reading →

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Notice and Notice Failure at BU, panel 6

Posted on September 26, 2015 by rtushnet

Margaret Jane Radin – Patent Notice and the Trouble with Plain Meaning   Notice is a cost and a cost-saver; hard to figure out its overall profile.  Plain meaning as ever-receding ideal.   Philips v. AWH (Fed. Cir. 2005); Festo … Continue reading →

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Notice and Notice Failure at BU, panel 5

Posted on September 26, 2015 by rtushnet

Lydia Loren – Fixation as Notice in Copyright Law   3 different roles: (1) protectability; (2) infringement—reproduction etc. require fixation; (3) preemption—no preemption for unfixed works.  What kind of a notice function might fixation play in each area?   Statutory … Continue reading →

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Notice and Notice Failure at BU, Panel 4

Posted on September 25, 2015 by rtushnet

Orly Lobel – Enforceability TBD: From Status to Contract in IP and Human Capital Law   Noncompete agreements: used to blur lines of IP regimes, make it harder to tell what is owned/ownable.  Trade secret lawsuits are used in anticompetitive … Continue reading →

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Notice and Notice Failure at BU, panel 3

Posted on September 25, 2015 by rtushnet

Pamela Samuelson – Notice Failures Arising from Copyright Duration Rules   Agrees w/ other expressions of concern about notice failures in copyright—here she focuses on notice failures related to the long duration of copyrights.  More information about work’s © status … Continue reading →

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