Author Archives: rtushnet

Transformative work of the day?

Posted on February 8, 2014 by rtushnet

Jane Perkins makes collage art from found objects.  How should we think about the copyright, TM, and right of publicity implications of these: See more at these links and the artist’s site, where a print of the latter is available. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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The ecstasy of influence

Posted on February 8, 2014 by rtushnet

The Way We Live Now by David Brooks, by Jody Rosen.  Violation of the moral right of attribution?  Does this flunk Rogers v. Grimaldi?  Is it protected against trademark claims anyway?  Transformative work of the day? (Maybe not. I’ve got another … Continue reading →

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WIPIP: First Amendment

Posted on February 8, 2014 by rtushnet

Session 2: First Amendment T.J. Chiang, George Mason University Patents and the First Amendment Patents on methods of communication: why isn’t this a 1A problem?  Similar to ©: can prevent other people from saying what they want to say, how … Continue reading →

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

WIPIP: copyright procedure

Posted on February 8, 2014 by rtushnet

Sat. Session 1: Copyright Procedure Julie Cromer Young, Thomas Jefferson School of Law Rethinking Copyright Pleadings Historically low pleading standards changed by Twiqbal.  Conclusory allegations can be ignored, then remaining judged for plausibility; court can use common sense to see … Continue reading →

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WIPIP part 2, TM doctrine (and false advertising)

Posted on February 8, 2014 by rtushnet

Christine Haight Farley, American University Washington College of Law Sleeping Treaty: The Pan-American Trademark Convention TTAB’s 2000 Belmont case: British-American Tobacco v.  Philip Morris—cancelled an incontestable mark on the ground that it violated the Pan-American Convention, which is self-executing. That … Continue reading →

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Works in Progress in IP, part 1

Posted on February 7, 2014 by rtushnet

WIPIP Session 1: Copyright Theory, Parlor C Chris Buccafusco & David Fagundes, The Moral Foundations of Copyright (Fagundes presenting) Copyright is deeply moral; best explained by moral foundations theory; these are descriptive claims. Normative claims: how we talk about copyright/how … Continue reading →

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oral copyright license equals uncertainty in business dispute

Posted on February 6, 2014 by rtushnet

Yong Ki Hong v. KBS America, Inc., 951 F. Supp. 2d 402 (E.D.N.Y. 2013) Plaintiffs, who operated a video rental store catering to customers seeking Korean videotapes, sued KBSA, one of the three main sources for Korean programs, for antitrust … Continue reading →

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French court finds that Facebook fan page doesn’t infringe TM

Posted on February 5, 2014 by rtushnet

Report here from Inlex IP Expertise:  “The court considered that using the ‘PLUS BELLE LA VIE’ trademark on a public Facebook page dedicated to this French TV series did not constitute an infringement, in that the trademark was not used … Continue reading →

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Berkeley Tech. L.J. spring writing competition

Posted on February 4, 2014 by rtushnet

For JD candidates.  Details here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Dastar misunderstanding watch

Posted on February 4, 2014 by rtushnet

Fergon Architects LLC v. Oakley Home Builders, Inc., 2014 WL 340035, No. 13 C 6019 (N.D. Ill. Jan. 30, 2014) (magistrate judge) Fergon sued Oakley for copyright infringement for exceeding its license to use Fergon’s architectural works.  The contract allegedly … Continue reading →

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