Monthly Archives: February 2016

WIPIP session 6: IP Theory

Posted on February 20, 2016 by rtushnet

Session 6 IP Theory 3   BJ Ard, More Property-Like than Property: The Asymmetry of Remedies in Tangible and Intellectual Property   Real property remedies are less “property-like” than IP remedies.  Property v. liability rules. Real property often much more … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

WIPIP Session 5: Copyright 2

Posted on February 20, 2016 by rtushnet

Session 5 Copyright 2   Zahr Said, A Transactional Approach to the Lay Observer in Copyright Law   Internal contradictions in uses of the observer.  Humanities perspective: copyright doesn’t have a theory of reading/interpretation/engaging with works.  Reader response theory as … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

WIPIP Session 4: Design

Posted on February 20, 2016 by rtushnet

Session 4: IP, Design, User Experience   Sarah Burstein, Reviving Ornamentality: Fed. Cir. killed ornamentality in design; right now it means nothing other than Morton-Norwich nonfunctionality. She thinks we should bring it back.  Two aspects: (1) “matter of concern” in … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

WIPIP Session 3: Trademark again

Posted on February 20, 2016 by rtushnet

Session 3 Trademark 2   Irene Calboli & Dan Hunter, Trademark Proliferation: Lots of marks—Louboutin soles; motion of Lamborghini doors; etc.  Why so many?  Very broad definition of what can be protected as a mark + ill-interpreted concept of distinctiveness.  … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

IPSC Session 2: Trademark 1

Posted on February 19, 2016 by rtushnet

Trademark 1   Paul Heald, Testing Theories of Tarnishment in Trademark and Copyright Law   Tarnishment should be treated like false advertising: you should have to prove some (likely) damage to your TM to win, rather than presumptions.  Tarnishment is … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

New article forthcoming on trademark registration

Posted on February 19, 2016 by rtushnet

New article:  Registering Disagreement: Registration in Modern American Trademark Law, 130 Harvard L. Rev. (forthcoming 2016) Abstract: Trademark scholars widely agree that our current system for evaluating what rights a trademark owner should have over others’ uses of their (or … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

WIPIP, plenary session 1

Posted on February 19, 2016 by rtushnet

WIPIP, University of Washington School of Law Plenary Session 1: Innovation Policy   Stephanie Bair, Promoting the Useful Arts: Corporate Edition   87% of patents are assigned to organizations, not individuals.  How to motivate individuals/employees?  Assumption is usually that companies … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Uber and out: court grants limited but still tricky injunction against Uber

Posted on February 18, 2016 by rtushnet

Uber Promotions, Inc. v. Uber Technologies, Inc., No. 15-cv-206 (N.D. Fla. Feb. 16, 2016)   This is a hardcore test of how you feel about consumer protection as the sole legitimate aim of trademark law.  Uber Technologies (Tech) rolled into … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

No compelling interest in right of publicity for private figure, 9th Circuit rules

Posted on February 18, 2016 by rtushnet

Sarver v. Chartier, No. 11-56986 (9th Cir. Feb. 17, 2016)   Shorter opinion about why the film The Hurt Locker didn’t violate Army Sergeant Jeffrey Sarver’s right of publicity: “video games are different.”  Sarver led a team in Iraq to … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

High-quality health care claims are puffery

Posted on February 16, 2016 by rtushnet

Intermountain Stroke Center, Inc. v. Intermountain Health Care, Inc., — Fed.Appx. —-, 2016 WL 523613, No. 14–4045 (10th Cir. 2016)   Intermountain Health Care is a large hospital/clinic/doctor network.  Before it ceased business in 2013, the Stroke Center provided “same-day … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment