Author Archives: rtushnet

Uncommon sense on the presumptions granted by registration

Uncommon, LLC v. Spigen, Inc., No. 18-1917 (7th Cir. Jun. 11, 2019) The PTO has sometimes found “capsule” merely descriptive of cellphone cases, but it also allowed Uncommon to register CAPSULE for such cases in 2013.   (A prior registration for … Continue reading

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A Celebration of the Work of Wendy Gordon, part 4

A Natural Right to Copy by Glynn Lunney, Texas A&M University School of Law Thanks to the great women who encouraged intellectual honesty in topics and analysis of topics, not just Gordon but also Litman, Samuelson, others.  Gordon doesn’t agree w/how far … Continue reading

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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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