Author Archives: rtushnet

7th Amendment provides jury right for TM profits as proxy for damages

Posted on August 10, 2015 by rtushnet

Black & Decker Corp. v. Positec USA Inc., — F.Supp.3d —-, 2015 WL 4656749, No. 11–cv–5426 (N.D. Ill. Aug. 5, 2015   The parties compete to sell power tools.  B&D alleged that Positec infringed their patents and trademarks in the … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

IPSC: closing comments

Posted on August 7, 2015 by rtushnet

Closing Plenary Session   Joshua Sarnoff, DePaul University College of Law: Size affects nature of presentation, time, allotted, depth of development, audience participation.  Makes a personal promise to read papers in sessions he plans to go to—thinks that this will … Continue reading →

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IPSC: closing comments

Posted on August 7, 2015 by rtushnet

Closing Plenary Session   Joshua Sarnoff, DePaul University College of Law: Size affects nature of presentation, time, allotted, depth of development, audience participation.  Makes a personal promise to read papers in sessions he plans to go to—thinks that this will … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post | Leave a comment

IPSC, Copyright Theory III

Posted on August 7, 2015 by rtushnet

Copyright Theory III   Abraham Bell, Bar Ilan University The Dual-Grant Theory of Fair Use   Granted rights are limited in order to avoid unnecessarily exceeding the requirements for incentivizing. Fair use is a broad reservation of privileges for the … Continue reading →

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IPSC, Copyright Theory III

Posted on August 7, 2015 by rtushnet

Copyright Theory III   Abraham Bell, Bar Ilan University The Dual-Grant Theory of Fair Use   Granted rights are limited in order to avoid unnecessarily exceeding the requirements for incentivizing. Fair use is a broad reservation of privileges for the … Continue reading →

Posted in copyright, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

IPSC: Copyright again

Posted on August 7, 2015 by rtushnet

Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis   Jerome Frank’s infamous/canonical © infringement test from Arnstein v. Porter, influential across the country. Step 1: actual copying, dissection allowed, expert testimony … Continue reading →

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Ad of the day: does Louboutin have a claim?

Posted on August 7, 2015 by rtushnet

Association? Dilution? Would any of the dilution exceptions apply? Via SocImages. from Blogger http://ift.tt/1UtjVT9

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IPSC, Copyright Theory II

Posted on August 7, 2015 by rtushnet

Copyright Theory II    Brad Greenberg Columbia Law School Bizarro Copyright   Does having lots of different antennas in one place v. all over the place make a difference to whether there is public performance? Central question of Aereo: looks … Continue reading →

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IPSC: Copyright again

Posted on August 7, 2015 by rtushnet

Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis   Jerome Frank’s infamous/canonical © infringement test from Arnstein v. Porter, influential across the country. Step 1: actual copying, dissection allowed, expert testimony … Continue reading →

Posted in conferences, consumer protection, contracts, copyright, http://schemas.google.com/blogger/2008/kind#post, music | Leave a comment

Ad of the day: does Louboutin have a claim?

Posted on August 7, 2015 by rtushnet

Association? Dilution? Would any of the dilution exceptions apply? Via SocImages. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in dilution, trademark | Leave a comment