Author Archives: rtushnet

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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#1 is puffery, but 2-to-1 preference claims aren’t

Posted on August 4, 2017 by rtushnet

Trex Co. v. CPG Int’l LLC, No. 17-cv-00005, 2017 WL 3272013 (W.D. Va. Aug. 1, 2017) Trex sued defendant AZEK, its major competitor in the wood-alternative decking industry, for false advertising.  Trex has the largest market share and largest amount … Continue reading →

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#1 is puffery, but 2-to-1 preference claims aren’t

Posted on August 4, 2017 by rtushnet

Trex Co. v. CPG Int’l LLC, No. 17-cv-00005, 2017 WL 3272013 (W.D. Va. Aug. 1, 2017) Trex sued defendant AZEK, its major competitor in the wood-alternative decking industry, for false advertising.  Trex has the largest market share and largest amount … Continue reading →

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Post-Star Athletica question: input sought

Posted on August 4, 2017 by rtushnet

Is this shoe design copyrightable, yes or no?  Not just the arrangement of studs, but the overall design. from Blogger http://ift.tt/2v4Ubqd

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A few more ICE tidbits courtesy of FOIA

Posted on August 3, 2017 by rtushnet

As the result of ICE’s continued production, I’ve been able to review more from the sample of incidents we sought.  The key takeaways so far have already been covered–TM owners are the source of guidance, and they overreach, but most … Continue reading →

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