Monthly Archives: June 2019

A Celebration of the Work of Wendy Gordon, part 3

Death in Copyright: Remarks on Duration by Abraham Drassinower, University of Toronto Faculty of Law What would a rights based account of duration look like?  Really about death, not duration. Patents have a fixed term; trademark registrations also persist for a specific amount … Continue reading

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A Celebration of the Work of Wendy Gordon, part 2

Harmless Free Riding by Wendy Gordon, Boston University School of Law  (Additional related drafts from Wendy: Time and Intellectual Property After Coaseand Proximate Cause in the Law of Copyright: Linking Liability to Incentives) Common law imposes penalties on those who harm much more readily than … Continue reading

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A Celebration of the Work of Wendy Gordon

A Celebration of the Work of Wendy Gordon, Boston University School of Law A Cover Note from Wendy Workshop Schedule Intellectual Property Harms by Jessica Silbey, Northeastern University School of Law From book focusing on the idea of progress in IP law, with … Continue reading

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photo of competitor’s product not false where it’s indistinguishable; also some design patent functionality

Tactical Medical Solutions, Inc. v. KARL 2019 WL 2435859, No. 14 C 06035 (N.D. Ill. Jun. 11, 2019) TMS sued Karl and his sole proprietorship, EMI, for infringement of TMS’s design and utility patents by selling a “knockoff” version of … Continue reading

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preyed on twice over: timeshare and timeshare exit lawyer squabble with consumers as collateral damage

Westgate Resorts, Ltd. v. Sussman, No. 6:17-cv-1467-Orl-37DCI (M.D. Fla. May 31, 2019) OK, this fact shocked me: about 35% of Westgate’s timeshare buyers default some time during their loan periods, according to the decision here in this battle in the … Continue reading

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Amicus brief in video game/trademark case

With the help of Phil Malone and Alyssa Picard at Stanford’s IP clinic, I and others submitted a law professors’ brief in this case involving Activision’s use of Humvees in depictions of military operations in the Call of Duty games.  AMG … Continue reading

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Mock magazine cover doesn’t infringe, dilute, advertise falsely even if targeted at competitor

Ebony Media Operations, LLC v. Univision Communications Inc., No. 18-cv-11434-AKH (S.D.N.Y. Jun. 3, 2019) Judge Hellerstein called the question presented “interesting,” but an even better adjective would be “easy”: “whether, in the case of a famous magazine trademark, a competitor-magazine … Continue reading

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Mock magazine cover doesn’t infringe, dilute, advertise falsely even if targeted at competitor

Ebony Media Operations, LLC v. Univision Communications Inc., No. 18-cv-11434-AKH (S.D.N.Y. Jun. 3, 2019) Judge Hellerstein called the question presented “interesting,” but an even better adjective would be “easy”: “whether, in the case of a famous magazine trademark, a competitor-magazine … Continue reading

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Drawing the Line Between “News” and Commercial Speech

Panel 3 at the Abrams Institute conference Moderator:  Terri Seligman – Partner and Co-Chair of the Advertising, Marketing & Public Relations Group, Frankfurt Kurnit Klein & Selz: newsworthiness/editorial value when there’s a commercial component. As an advertising lawyer, thinks of … Continue reading

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The Consumer “Right To Know” Versus the First Amendment

Panel II at the Abrams Institute’s conference Moderator: Jonah Knobler, Partner, Patterson Belknap Webb & Tyler: recent attempts to do things like require disclosure of child labor in manufacturing process, and related consumer protection cases arguing that failure to disclose … Continue reading

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