Category Archives: conferences

IPSC: Copyright again

Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis   Jerome Frank’s infamous/canonical © infringement test from Arnstein v. Porter, influential across the country. Step 1: actual copying, dissection allowed, expert testimony … Continue reading

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IPSC: Other IP

Other IP  [Insert wry commentary about “fringe” fields like advertising law]   Sarah Burstein, The University of Oklahoma College of Law Reviving Ornamentality    Fed. Cir. killed the doctrine.  Statute says new, original, and ornamental designs can get a design … Continue reading

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Trademark scholars roundtable: the consumer in different contexts

Session 3:  The Consumer in Different Trade Mark Contexts Do the questions that we have looked at in the first two sessions vary in different trademark and adjacent contexts? Is assessment of the reaction of the average consumer in trade … Continue reading

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ANA conference: litigating Lanham Act damages

Litigating Damages Claims In Lanham Act False Advertising Cases   Alexander Kaplan, Partner, Proskauer Rose LLP: Case law on damages can be tricky/inconsistencies between circuits.  What’s recoverable?  1117(a): D’s profits; damages sustained by P; costs of action.  Statute doesn’t prevent … Continue reading

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ANA conference: native advertising

The Natives Are Restless: Legal Perspectives On Native Advertising   John P. Feldman, Partner, Reed Smith LLP: ads have been considered deceptive for not disclosing they are ads/source.  Native ads = sponsored content formatted to fit seamlessly into modern media. … Continue reading

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ANA conference: surveys

What Do Consumers Think? Using Online Surveys To Demonstrate Implied Claims   David G. Mallen, Co-Chair, Advertising Disputes, Loeb & Loeb LLP: NAD now forum of choice for many ad challenges, especially since the standard of proof is different for … Continue reading

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WIPIP, Part 2, Session 2, Trademark

Glynn Lunney, Inefficient Trademark Law   Older TM lawyer would be surprised at breadth: inherently distinctive marks were the only marks, and double identity was essentially the rule.  Today: looks very different. What will it look like in 100 years—will … Continue reading

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AU trademark works in progress day 2

Dan Hunter (with Irene Calboli), Trademark Proliferation Concerns about too many marks.  They’re extremely weak as a result.  It’s easy to get a descriptive mark on the primary register w/o secondary meaning.  Also: many “marks” don’t seem distinctive as to … Continue reading

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SCIPR: false advertising

Lexmark Int’l v. Static Control Components (Standard for determining standing for false advertising claim under the Lanham Act.) POM Wonderful v. Coca-Cola (Standing under the Lanham Act to challenge food or beverage label as false or misleading though regulated by … Continue reading

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SCIPR: Petrella v. MGM

Petrella v. MGM (Can laches bar a copyright claim within the 3 year statute of limitations?) Moderator: Scott McBride, Shareholder, McAndrews Held & Malloy Ltd. Panelists: Paula Petrella, Petitioner and owner of rights to the screenplay (only individual plaintiff in … Continue reading

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