Author Archives: rtushnet

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 →

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

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 →

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

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

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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

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