Author Archives: rtushnet

Appraisals are opinions, not facts

Posted on April 3, 2017 by rtushnet

Collins v. Travers Fine Jewels Inc., 2017 WL 1184305, 16-CV-03780 (S.D.N.Y. Mar. 29, 2017) Collins sued Travers for breach of contract, violations of the Uniform Commercial Code, fraudulent misrepresentation, negligence, fraud, unfair and deceptive trade practices, and false advertising.  Defendants … Continue reading →

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Notre Dame Roundtable on Scope, part 5

Posted on March 31, 2017 by rtushnet

Abraham Drassinower, Publish and Perish: Remarks on Copyright Duration Commentators: Barton Beebe and Chris Buccafusco Beebe: for non-WFH, term is calibrated to lifespan of author.  Why so reliant on the death of the author to measure protection?  Not so interested … Continue reading →

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Notre Dame Scope Roundtable, part 4

Posted on March 31, 2017 by rtushnet

Chris Buccafusco & Mark Lemley, Screening Functionality Commentators: Abraham Drassinower and Jim Gibson Gibson: regime shopping is even more troublesome than scope problems in one regime. Design patents seem to exist purely for regime shopping; everyone wants a patent right … Continue reading →

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Notre Dame Scope Roundtable, part 3

Posted on March 31, 2017 by rtushnet

Pam Samuelson, Functional Compilations Commentators: Zahr Said and Steve Yelderman Said: Framing questions: what is functionality? Does it differ in compilations v. other things?  Is it the same as the useful articles doctrine?  How do owners/litigants determine and assess functionality? … Continue reading →

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Opinion in my suit against ICE

Posted on March 31, 2017 by rtushnet

Tushnet v. U.S. Immig. & Customs Enforcement, No. 1:15-cv-00907 (D.D.C. filed Mar. 31, 2017) Thanks to my able counsel Michael Kirkpatrick of Public Citizen, initially assisted by Georgetown students from the Institute for Public Representation.  Here, the district court denies … Continue reading →

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Notre Dame Scope Roundtable, part 2

Posted on March 31, 2017 by rtushnet

Jeanne Fromer & Mark McKenna, Claiming Design Commentators: Sarah Burstein and Rebecca Tushnet RT: Great paper exploring the ways that different claiming regimes contribute to producers’ ability to maximize rights by claiming under multiple overlapping regimes, copyright, design patent, and … Continue reading →

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Roundtable on the Scope of IP Rights, Notre Dame Law School

Posted on March 31, 2017 by rtushnet

Barton Beebe & Scott Hemphill, The Scope of Strong Marks: Should Trademark Law Protect the Strong More Than the Weak? Commentators: Mike Grynberg and Mark Lemley Grynberg: Doctrine developed for certain situations may not make sense for other situations, including … Continue reading →

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Reading list: Placebo effects of marketing

Posted on March 31, 2017 by rtushnet

Yann Cornil et al., Does Red Bull Give Wings to Vodka? Placebo Effects of Marketing Labels on Perceived Intoxication and Risky Attitudes and Behaviors Forthcoming, Journal of Consumer Psychology Abstract: Why sexual assaults and car accidents are associated with the … Continue reading →

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Reading list: Pam Samuelson on bottom-up and top-down theories of fair use

Posted on March 31, 2017 by rtushnet

Pamela Samuelson, The Relative Virtues of Bottom-Up and Top-Down Theories of Fair Use A Response to Abraham Bell and Gideon Parchomovsky, The Dual-Grant Theory of Fair Use, 83 U Chi L Rev 1051 (2016). Abstract: This Essay explains why I … Continue reading →

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internal studies on consumer preference support class action treatment for weed killer claims

Posted on March 29, 2017 by rtushnet

Martin v. Monsanto Co., No. 16–2168, 2017 WL 1115167 (C.D. Cal. Mar. 24, 2017) This case grants class certification, illustrating the use of internal consumer research in class action practice.  The probabilistic nature of consumer reaction is not necessarily a … Continue reading →

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