Author Archives: rtushnet

IPSC part 6: copyright/TM enforcement

Posted on August 8, 2014 by rtushnet

Fourth Breakout Session Copyright and Trademark Enforcement Do ‘Groundless Threats’ Statutes Curtail IP Over-Enforcement? William Gallagher Research interest: how disputes are negotiated and resolved outside of court, as most legal disputes are.  Studying it qualitatively, based on interviews w/lawyers and … Continue reading →

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IPSC part 5: more copyright

Posted on August 8, 2014 by rtushnet

Third Breakout Session Copyright and Competition Copyright’s Technological Interdependencies Clark Asay Technological patrons depend on copyright for their motivations.  Copyright is an interdependent part of broader creative systems. Dichotomy between patronage and copyright as alternative systems is wrong.  They work … Continue reading →

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

IPSC part 4: copyright (and a bit on the right of publicity)

Posted on August 7, 2014 by rtushnet

Second Breakout Session Copyright Fair Use Raw Materials and Creative Works Andrew Gilden Raw materials concept is part of transformativeness in copyright and right of publicity cases.  Project: Examining the application and meaning of this concept.  Noticeable differences—cases seem to … Continue reading →

Posted in copyright, fan fiction, http://schemas.google.com/blogger/2008/kind#post, presentations, right of publicity | Leave a comment

IPSC part 3: judicial panel

Posted on August 7, 2014 by rtushnet

Judicial Panel: Chief Judge Diane Wood (7th Circuit) and Chief Judge Alex Kozinski (9th Circuit) Peter Menell: Discussion question: is IP common law? Wood: throughout the federal level, we are not a pure common law system, nor a civil law … Continue reading →

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IPSC part 2: trademark theory

Posted on August 7, 2014 by rtushnet

1st Breakout Session: Trademark Theory Harms, Benefits, and Justifications in Trademark Law Stacey Dogan © and patent are often considered to be about incentives (getting benefits), but TM law in the general view is about preventing harm/misinformation, at least in … Continue reading →

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IPSC part 1

Posted on August 7, 2014 by rtushnet

Opening notes: usual disclaimers apply. Given the size and scope of the conference, I couldn’t attend half of what interested me. (I wish more people would send in their papers so I could read them!)  My notes aren’t guaranteed to … Continue reading →

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bait and switch as both false advertising and trademark infringement

Posted on August 6, 2014 by rtushnet

ADT LLC v. Vision Security, LLC, 2014 WL 3764152, No. 13–8119 (S.D. Fla. July 30, 2014) ADT competes with Security Networks to sell alarm systems.  Vision Security is an agent of Security Networks; it doesn’t manufacture alarm systems, but instead … Continue reading →

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

Use of mark on product isn’t "ad" for insurance purposes

Posted on August 6, 2014 by rtushnet

Crum & Forster Specialty Ins. Co. v. Willowood USA, LLC, No. 6:13–cv–01923, 2014 WL 3797673 (D. Or. Aug. 1, 2014) Willowood was sued for trademark infringement and related causes of action by a former licensor, and sought insurance coverage.  The … Continue reading →

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

John Oliver on native advertising

Posted on August 5, 2014 by rtushnet

John Oliver covers topics relevant to advertising law again in this piece on native advertising and the fact that it only works by tricking people. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Prevailing copyright defendant acts as private AG, deserves fees

Posted on August 5, 2014 by rtushnet

Klinger v. Conan Doyle Estate, Ltd., No. 14-1128 (7th Cir. Aug. 4, 2014) Judge Posner throws his usual rhetorical bombs around, this time to the delight of copyright restrictionists.  In Klinger v. Conan Doyle Estate, Ltd., 2014 WL 2726187 (7th … Continue reading →

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