Author Archives: rtushnet

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 →

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

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 →

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

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 →

Posted in trademark | Leave a comment

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

Posted in cfps | Leave a comment

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

Grand Theft Auto online delay not actionable

Posted on February 3, 2014 by rtushnet

McMahon v. Take–Two Interactive Software, Inc., No. EDCV 13–02032, 2014 WL 324008 (C.D. Cal. Jan. 29, 2014) Plaintiffs brought the usual California claims based on plaintiff’s advertisements for Grand Theft Auto Vvideogame as including an online multiplayer component, even though … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

Insurer’s Lanham Act claim against broker proceeds through necessary implication theory

Posted on February 3, 2014 by rtushnet

New Jersey Physicians United Reciprocal Exchange v. Boynton & Boynton, Inc., No. 12–05610, 2014 WL 317179 (D.N.J. Jan. 28, 2014) Plaintiff NJ PURE sued defendants for false advertising under the Lanham Act, libel, slander, and violations of the NJ Insurance … Continue reading →

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

Matthew Rimmer on fair use

Posted on February 3, 2014 by rtushnet

Matthew Rimmer takes a closer look at fair use, with reference to Naomi Novik’s testimony at the recent congressional hearing.  One reaction I’ve seen to the hearing, which is something I noticed at the time, is that there weren’t any … Continue reading →

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

Sony data breach case stripped down but not gone

Posted on January 31, 2014 by rtushnet

In re Sony Gaming Networks And Customer Data Security Breach Litigation, No. 11md2258, 2014 WL 223677 (S.D. Cal. Jan. 21, 2014) Venkat Balasubramani’s take.  These consolidated cases arose from a criminal intrusion into Sony’s online gaming system. Plaintiffs alleged that … Continue reading →

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

Digital Copyright book: discount offer from publisher

Posted on January 31, 2014 by rtushnet

Description from the publisher: NEW 4TH EDITION Digital Copyright Law and Practice By Simon Stokes   The first edition of this book in 2002 was the first UK text to examine digital copyright together with related areas such as performers’ rights, … Continue reading →

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