Category Archives: http://schemas.google.com/blogger/2008/kind#post

Australian reform commission recommends fair use

Posted on February 13, 2014 by rtushnet

Report here (pdf).  Discusses the three-step test, moral rights, and the superiority of fair use to revised fair dealing.  Of note: one reason to adopt fair use is that it provides greater protection for “musical compositions, new films, art works … Continue reading →

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

lawsuit against "humane environment" claims for chicken

Posted on February 13, 2014 by rtushnet

Suit accuses Kroger of deception in how chicken were raised. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

EFF Seeks Midlevel or Senior IP Attorney

Posted on February 11, 2014 by rtushnet

See the posting here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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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 →

Posted in copyright, design patent, http://schemas.google.com/blogger/2008/kind#post, patent, right of publicity, trademark | Leave a comment

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 →

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

Transformative work of the day?

Posted on February 8, 2014 by rtushnet

Jane Perkins makes collage art from found objects.  How should we think about the copyright, TM, and right of publicity implications of these: See more at these links and the artist’s site, where a print of the latter is available. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

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