Category Archives: copyright

IP in the UK

Posted on March 11, 2014 by rtushnet

Sir Robin Jacob, Daniel Alexander QC, and Matthew Fisher, Guidebook to Intellectual Property (6th ed.): With dry humor, this book surveys British IP law for nonlawyers/business student types.  I’m not in a position to comment too much on substance.  In … Continue reading →

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Reading list: Copyright equality

Posted on March 7, 2014 by rtushnet

Peter DiCola, Copyright Equality: Free Speech, Efficiency, and Regulatory Parity in Distribution. Abstract: Copyright law treats webcasters like Pandora, on-demand streaming services like Spotify, the satellite radio company Sirius XM, and traditional radio broadcasters like Clear Channel in vastly different … Continue reading →

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rigorous falsity standard in sophisticated market defeats false advertising claim

Posted on February 21, 2014 by rtushnet

Kwan Software Engineering, Inc. v. Foray Technologies, LLC, No. C 12-03762, 2014 WL 572290 (N.D. Cal. Feb. 11, 2014) Plaintiff (here VeriPic) and defendant both sell digital asset management software to law enforcement.  VeriPic and Foray both sell software that … Continue reading →

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WIPIP: IP theory

Posted on February 9, 2014 by rtushnet

Session 4: IP Theory, Parlor B Annemarie Bridy, Internet Payment Blockades Wikileaks: State Department publicly accused Wikileaks of violating US law; payment systems were suspended—PayPal, Visa, Mastercard.  Wikileaks ran through cash reserves in less than a year and suspended publication.  … Continue reading →

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WIPIP: copyright doctrine

Posted on February 8, 2014 by rtushnet

Session 3: Copyright Doctrine Patrick Goold , UC Berkeley School of Law (fellow) Is Liability for Copyright Infringement Strict? Strict liability is conduct plus outcome.  Fault-based is conduct, outcome, and fault. Fault can be based on the standard of conduct … 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 →

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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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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 →

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