Monthly Archives: May 2016

1201 roundtable, evidentiary and procedural issues in rulemaking process

Posted on May 19, 2016 by rtushnet

SESSION 2 Rulemaking Process – Evidentiary and Procedural Issues This session will explore the general operation of the triennial rulemaking process under section 1201, including the evidentiary showing required for an exemption, and the procedural aspects of the rulemaking. Andrew … Continue reading →

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1201 roundtable, relation of 1201 to infringement, consumers, and competition

Posted on May 19, 2016 by rtushnet

Copyright Office, 1201 Roundtable, DC James Madison Building, Mumford Room NB: I won’t be here tomorrow because the Office had the temerity to schedule the roundtables after I committed to a different exiting roundtable, this one at Notre Dame on … Continue reading →

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First Amendment/commercial speech conference in NYC, June 13

Posted on May 18, 2016 by rtushnet

Via Ron Collins at Concurring Opinions: On Monday, June 13th (8:45 a.m. – 2:30 p.m.) the Floyd Abrams Institute for Freedom of Expression will host a major conference on the commercial speech doctrine. The event will take place in New York City. → Click here to register … Continue reading →

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Et tu, Copyright Office?

Posted on May 18, 2016 by rtushnet

Authors’ rights are for other people, apparently.  (I don’t actually begrudge them this release, but it does say something about the difference between “reasonable for me to want” and “reasonable for you to want.”  OK, a little more snark: “irrevocable,” … Continue reading →

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Second Circuit narrowly interprets materiality for Lanham Act purposes

Posted on May 18, 2016 by rtushnet

Apotex Inc. v. Acorda Therapeutics, Inc., — F.3d —-, 2016 WL 2848911, No. 14–4353–cv (2d Cir. May 16, 2016)   The parties compete to make tizanidine, a drug for treating spasticity. Apotex alleged that Acorda (i) filed a sham citizen … Continue reading →

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Is the “Uber for X” snowclone nominative fair use?

Posted on May 18, 2016 by rtushnet

That’s the question posed by the following ad (HT Zach Schrag): “Turo is like Airbnb, but for real people’s cars” — USA Today, quoted in ad for Turo This snowclone is common in (often mocking) descriptions of Silicon Valley elevator … Continue reading →

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Challenging competitor’s TM as generic is protected by Mass. anti-SLAPP law

Posted on May 17, 2016 by rtushnet

Shire City Herbals, Inc. v. Blue, 2016 WL 2757366 (D. Mass. May 12, 2016)   HT Eric Goldman.  Shire City sued Mary Blue and two other people for trademark infringement and false advertising-related claims based on their attacks on Shire … Continue reading →

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Documentary on transformative works in France

Posted on May 16, 2016 by rtushnet

French transformative fandom and its perilous legal status: Emmanuelle Debats talks about her documentaries about French fandom.  Excerpts:   My first reaction to fanfiction was surprise and shock. I mean I had the basic French reaction: “How can someone write … Continue reading →

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The OTW is recruiting legal team volunteers!

Posted on May 13, 2016 by rtushnet

If you’re interested in supporting transformative works, and especially if you can help with the basics of running a nonprofit (no IP expertise required), please consider volunteering! from Blogger http://ift.tt/1rJLazR

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Entitlement to disgorgement doesn’t create Lanham Act standing

Posted on May 12, 2016 by rtushnet

Gravelle v. Kaba Ilco Corp., 2016 WL 2644890, NO. 5:13-CV-642 (E.D.N.C. May 9, 2016) Simple, but worth having a cite: plaintiff claimed false advertising based on allegedly false patent marking.  He couldn’t show that the falsity was proximately connected to … Continue reading →

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