Author Archives: rtushnet

WIPIP: PLENARY SESSION 3 — Why American WIP’ers Should Care About International Law

Posted on February 18, 2021 by rtushnet

Jerome H. Reichman, Duke Law School, Duke University Until 1994, there weren’t many options when a nation didn’t comply with IP treaties: complaints and retaliation against that country’s nationals. Then came TRIPS. Arbitration, including damages, became available; winner can also … Continue reading →

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WIPIP SESSION 5.A. — Copyrights

Posted on February 18, 2021 by rtushnet

Ned Snow, University of South Carolina School of Law The Tension Between Science and Creativity in the Copyright Clause Fabrications: clearly creative, but contrary to the meaning of “science.” Deceitful expression might provide knowledge about deception. CSAM/revenge porn: no benefit … Continue reading →

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IP writing competition for law students

Posted on February 17, 2021 by rtushnet
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WIPIP, SESSION 2.B. — Copyrights

Posted on February 12, 2021 by rtushnet

Cathay Smith, University of Montana Blewett School of Law Weaponizing Copyright Pure suppression: Dr. Drew’s minimization of Covid; YouTubers compiled these clips and he sent takedown notices. Lawyer asserted © over text messages to ex partner when they were published … Continue reading →

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WIPIP, PLENARY SESSION 1 — Race, Gender, and IP

Posted on February 12, 2021 by rtushnet

Dan Burk, University of California, Irvine School of Law Racial Bias in Algorithmic IP Unpacking bias: divergent meanings: statistical bias (sampling), design (wrong type of model, model created for one purpose used for another), the fact that “raw data” is … Continue reading →

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unconscionability prevents enforcement of arbitration agreement for consumer claims

Posted on February 3, 2021 by rtushnet

Cabatit v. Sunnova Energy Corp., No. C089576, — Cal.Rptr.3d —-, 2020 WL 8365909 (Ct. App. Dec. 31, 2020) California isn’t fond of mandatory consumer arbitration. Here, the court finds the arbitration agreement unconscionable and refuses to enforce it against a … Continue reading →

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survey sustains false advertising claim alleging misleading use of military imagery

Posted on February 3, 2021 by rtushnet

Mahindra & Mahindra Ltd. v. FCA US LLC, 2021 WL 323253, No. 18-cv-12645 (E.D. Mich. Feb. 1, 2021) Plaintiffs sued FCA for a judgment of noninfringement of the Jeep grille design in its Roxor vehicle (which dispute mainly took place … Continue reading →

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Uber avoids taxi suit because of causation problems

Posted on February 1, 2021 by rtushnet

Ezeokoli v. Uber Technol., Inc., 2021 WL 247975, No. A156445 (Cal. Ct. App. Jan. 26, 2021) Plaintiffs, a putative class of taxi drivers, lost this Lanham Act false advertising appeal because they couldn’t show that Uber’s allegedly false statements harmed … Continue reading →

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Videos in conjunction with my advertising law class

Posted on February 1, 2021 by rtushnet

 In this pandemic year, I’m experimenting with short videos as part of the pre-class materials. They generally elaborate on a point to set up class discussion. I’m sharing them because, as Tom Lehrer says, they might prove useful to some … Continue reading →

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Book talk: global mandatory fair use via the Berne quotation right

Posted on January 29, 2021 by rtushnet

Tanya Aplin & Lionel Bently, Global Mandatory Fair Use, AU Book Talk. Based on their new book. Art 10(1) Berne Convention: It shall be permissible to make quotations from a published work; mention shall be made of the source and … Continue reading →

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