Author Archives: rtushnet

Harvard Journal of Sports & Entertainment law seeking submissions

 The Harvard Journal of Sports and Entertainment Law (JSEL) is accepting submissions for Volume 13, set to publish during AY21-22. Submissions for Issue 1 will be reviewed and accepted through August 2021. JSEL is looking for articles on topics related to sports … Continue reading

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Reading list: native ad disclosures that work?

Eyal Peer & Dalia Shilian, Improving Consumers’ Ability To Detect Native AdvertisingUsing Identified Disclosure: Native advertising of online content, such as articles embedded within news websites, is a covert attempt by marketers to affect consumer attitudes and behavior. Because such marketing can … Continue reading

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a handful of Google v. Oracle thoughts: categories, microworks, and market circularity

A couple of small Google v. Oracle thoughts: The majority clearly says that, as with other categories of protected works, distinctions can be made within the categories, drawing lines “among” computer programs, books, and films. Not all literary works are … Continue reading

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Fanciful Failures: Keeping Nonsense Marks off the Trademark Register

 I’m excited to announce the publication of this Note by my former student Grace McLaughlin, which addresses the fascinating topic of marks optimized to get into Amazon’s system rather than to function as indications of source for humans. Highly recommended! … Continue reading

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Global Advertising Lawyers Alliance (GALA) Webinar – “Hot Topics in Advertising Law in North America”

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Joseph Lewczak: FTC v. Teami ($15 million settlement, all but $1 million … Continue reading

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WIPIP SESSION 9.B. — Copyrights

Peter Lee, UC Davis School of Law Autonomy, Copyright, and the Structure of Creative Production Theory of the firm would suggest more consolidation within the firm in creative industries than exists. But creative autonomy is one reason that people would … Continue reading

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WIPIP SESSION 8.A. — IP Theory (partial)

Ester van Zimmeren, University of Antwerp Exploring Trust Building Mechanisms for Specialized Intellectual Property Courts CJEU patent court hasn’t entered into force, but there are local and regional bodies. Question: will users trust a new court? Trust in the court … Continue reading

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WIPIP SESSION 7.A. — Trademarks

Jeanne Fromer & Barton Beebe, NYU School of Law The Future of Trademark Depletion in a Global, Multilingual Economy: Evidence and Lessons from the European Union TMs transcend boundaries b/c brands transcend boundaries; even small businesses are often looking beyond … Continue reading

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WIPIP SESSION 6.A. Competition and Antitrust

BJ Ard, University of Wisconsin Law School Competition With and Without IP in the Video Game Industry Negative space; a number of lessons. Character protection is meaningful: Pac-Man/combination of elements. Patents can cover some elements/game rules, but most gameplay won’t … Continue reading

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WIPIP: PLENARY SESSION 3 — Why American WIP’ers Should Care About International Law

Jerome H. Reichman, Duke Law School, Duke University Until 1994, there weren’t many options when a nation didn’t comply with IP treaties: complaints and retaliation against that country’s nationals. Then came TRIPS. Arbitration, including damages, became available; winner can also … Continue reading

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