Monthly Archives: August 2018

IPSC plenary

Posted on August 11, 2018 by rtushnet

Tonya Evans, CryptoKitties, Cryptography, and Copyright Nonfungible digital creativity, enabled by the ERC 721 standard on the Ethereum blockchain: verifiable, indestructible digital scarcity.  NFTs overcome failures of existing digital structure for creators by providing for ownership, provenance, chain of title.  … Continue reading →

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IPSC session 6

Posted on August 11, 2018 by rtushnet

Session 6: Tort-Tinged IP Ben Depoorter (and Robert Walker), So Sue Me … Please! Reverse Nuisance in Intellectual Property Law Goldieblox case: filed declaratory judgment against Beastie Boys. Getting sued can sometimes be a boon and can bring a lot … Continue reading →

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Preserve challenged ads/social media posts after receiving a C&D or risk sanctions

Posted on August 10, 2018 by rtushnet

Nutrition Distribution LLC v. Pep Research, LLC, No. 16CV2328-WQH(BLM), 2018 WL 3769162  (S.D. Cal. Aug. 9, 2018) (magistrate judge) A spoliation/false advertising issue.  “While Defendants produced some social media documents, the production did not include Facebook or Twitter posts relating … Continue reading →

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IPSC session 5

Posted on August 10, 2018 by rtushnet

Session 5: Copyright Michael Carroll, The Law of Musical Borrowing: A concept of © distinctiveness is implicit in how we talk about substantial similarity.  Who decides this? It’s supposed to be the consumer: ordinary observer/intended audience. Both TM and © … Continue reading →

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IPSC session 4

Posted on August 10, 2018 by rtushnet

Session 4: Old and New Theories of IP Shyam Balganesh, The Common Law of Copyright Censorial copyright claims: motivated by non economic, dignitary concerns, and the author/creator’s principal objective is expurgatory—to prevent the work from circulating publicly. These claims have … Continue reading →

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IPSC: keynote

Posted on August 10, 2018 by rtushnet

Keynote: The State of IP Scholarship – Rebecca Eisenberg When she began, patent scholarship in the academy was minimal.  Early 1980s, CAFC creation prolonged the ghettoization of patent law, even though the field was poised for greater integration into the … Continue reading →

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IPSC session 3 (trade secret then copyright)

Posted on August 10, 2018 by rtushnet

Session 3: Trade Secrets, Courtney Cox, Can the Law Force You to Lie? The Use of Deceptive Precautions to Protect Trade Secrets Reasonable measures to protect the secret are generally required. Should you have to engage in deception, or deceptive … Continue reading →

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IPSC session 2

Posted on August 9, 2018 by rtushnet

Session 2: IP History and Theory, Stephanie Bair, IP Inequality Artists and innovators are not equally distributed. Rich people are more likely to acquire IP rights than poor people; whites than minorities in the US; males than females.  Theoretical lens: … Continue reading →

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IPSC session 1

Posted on August 9, 2018 by rtushnet

Standard disclaimers apply: These are my summaries, not the presentations themselves. As usual, I have to skip a lot of interesting presentations and I try to attend things I haven’t seen, no matter how good the ones I have already … Continue reading →

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The Ninth Circuit don’t care: successful Rogers defense reversed because plaintiff’s trademark is “artistic”

Posted on August 8, 2018 by rtushnet

Gordon v. Drape Creative, Inc., No. 16-56715 (9th Cir. Jul. 30, 2018) The Ninth Circuit routinely invents some new epicycle for trademark defenses; here it unfortunately mushes together Rogers and transformativeness (absent the word itself, replaced with “artistic”).  There are … Continue reading →

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