Monthly Archives: August 2017

Traveling pictures: trademark/publicity rights questions, bonus torts

Posted on August 16, 2017 by rtushnet

Yellowstone proper had very little in the way of obvious TM issues, interestingly enough.  Other things I have encountered: For the torts folks; note especially the guy in the background blithely walking away from the dissolving child “Nothing in life … Continue reading →

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Shoes and surveys (picture post)

Posted on August 16, 2017 by rtushnet

Since apparently there was some question whether the shoes I asked about post-Star Athletica were really shoes, here is proof: Not much less functional than the average super-high heel Also, I randomly got selected for a trademark infringement survey on … Continue reading →

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IPSC Breakout Session V

Posted on August 11, 2017 by rtushnet

Copyright Theory (my apologies; I had to leave early for a flight) Redundancy and AntiRedundancy In Copyright – Oren Bracha & John M. Golden Doctrines that overlap: fair use/functionality; fair use/improper appropriation; copyrightable subject matter originality; reproduction/derivative works rights (cautionary … Continue reading →

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IPSC Breakout Session IV

Posted on August 11, 2017 by rtushnet

Copyright Enforcement  Protecting Copyright Integrity – Shyamkrishna Balganesh & Gideon Parchomovsky Dominant theory: © is about value. Additional assumption: w/every exclusive right comes important limitations. Every grant of power is also clear placing of limits on scope of that power. … Continue reading →

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IPSC Breakout Session III

Posted on August 10, 2017 by rtushnet

Useful Articles  Star Athletica: Stuck on the Merry-Ground  – Alfred C. Yen We’re just going round and round. Those who can’t remember the past are condemned to repeat it; a page of history is worth a volume of logic. For … Continue reading →

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IPSC Breakout Session II

Posted on August 10, 2017 by rtushnet

IP Theory  The Boundaries of Intellectual Property: A Preliminary Exploration of Constitutional Salience – Amy Kapczynski What IP law is about: what values beyond efficiency we might be able to say this law serves.  You can’t justify IP v. grants … Continue reading →

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2017 IPSC Conference at Cardozo School of Law

Posted on August 10, 2017 by rtushnet

Usual disclaimers; there were lots of overlaps where I had to make tough choices, and I favored presentations where I hadn’t previously commented on drafts. Day 1 Breakout Session I Trademark Doctrine Mapping Confusion – Mark. P. McKenna & Rebecca … Continue reading →

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2017 IPSC Conference at Cardozo School of Law

Posted on August 10, 2017 by rtushnet

Usual disclaimers; there were lots of overlaps where I had to make tough choices, and I favored presentations where I hadn’t previously commented on drafts. Day 1 Breakout Session I Trademark Doctrine Mapping Confusion – Mark. P. McKenna & Rebecca … Continue reading →

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Transformative work of the day, Richard Siken edition

Posted on August 9, 2017 by rtushnet

The Siken Bot tweets lines from Richard Siken poems at 30-minute intervals.  And after following it for a few days, I find that I do see Siken’s poetry differently.  At this point I’m not even sure whether I like it … Continue reading →

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false patent marking falls w/false advertising claim

Posted on August 7, 2017 by rtushnet

Infinity Headwear & Apparel, LLC v. Jay Franco & Sons, Inc., 2017 WL 3309724, No. 15-CV-1259 (S.D.N.Y. Aug. 2, 2017) Infinity sued Jay Franco for patent infringement, false marking, and false advertising.  Infinity has U.S. Patent No. 8,864,544, “Hooded Blanket … Continue reading →

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