Monthly Archives: February 2016

IPSC Session 2: Trademark 1

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

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New article forthcoming on trademark registration

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

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WIPIP, plenary session 1

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

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

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

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

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

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High-quality health care claims are puffery

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

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Reading list: the class action as trust

Sergio J. Campos, The Class Action as Trust.  Abstract: The class action is controversial because the class attorney can litigate or settle the claims of the class members without their consent. Many scholars have turned to corporate law to address … Continue reading

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