Category Archives: presentations

IPSC First Breakout Session, Trademark Registration

Barton Beebe & Jeanne Fromer, New York University School of Law Is the Frontier Closing?: Registration Rates of Frequently Used Words on the PTO’s Trademark Register    Much of TM literature claims that the range of marks is infinite; Qualitex … Continue reading

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Campbell conference: overview on fair use

Panel I. Overview of Fair Use Since Campbell (Moderator, Professor Gomulkiewicz)   Barton Beebe, NYU   Updated dataset 1978-2014: 460 opinions. Available on his website.  Significant limitations of case-counting: can’t substitute for qualitative analysis or other quantitative approaches looking at … Continue reading

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AU/IP Gender conference, part 1: me

Reimagining IP/Gender: The Next 10 Years of Feminist Engagement with IP Law   Welcome – Michael Carroll, American University Washington College of Law IP program and Women & Law program do this together—longterm collaboration.   Opening Keynote Meredith Jacobs, American … Continue reading

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AU IP/Gender conference (with a keynote from me)

Reimagining IP/Gender: The Next Ten Years of Feminist Engagement with Intellectual Property Law   Presented with the Women and the Law Program American University Washington College of Law February 27, 2015 For registration and more information.   At the 11th … Continue reading

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Empirical IP Research Conference: trademarks

Plenary Session: Measuring Consumer Confusion in Trademark Infringement Facilitator: Barton Beebe (NYU) Lanham Act: confusion is vaguely defined.  Used to include “purchasers” but Congress deleted that phrase.  43(a)’s language is even broader.  Flexible and slippery. Panelists: Joel Steckel (NYU Stern … Continue reading

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IPSC part 4: copyright (and a bit on the right of publicity)

Second Breakout Session Copyright Fair Use Raw Materials and Creative Works Andrew Gilden Raw materials concept is part of transformativeness in copyright and right of publicity cases.  Project: Examining the application and meaning of this concept.  Noticeable differences—cases seem to … Continue reading

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ALI CLE event on Lexmark, Pom, etc.

First, I apologize for the slew of RSS feed updates you may recently have received if you subscribe via an RSS reader like Feedly—the feed has apparently been broken since early May. I was still here though!  If you’re interested, … Continue reading

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A bit more on Pom

I wonder whether this was the first Supreme Court brief featuring a color picture?  Also, I should probably add a tag for Pom, same as I have for Google.  Feels a bit like giving in, though. Anyway: Transcript of oral … Continue reading

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Next Great Copyright Act Conference, quasi-copyright

Quasi-Copyright Reforms Moderator: Hank Barry, Sidley Austin Rebecca Tushnet, Georgetown Law School I’m going to talk about managing the interface between copyright and several other rights—in the very first panel of the conference, Wendy Gordon reminded us that various doctrines … Continue reading

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HLR Free Speech Symposium: Rebecca Tushnet, More than a Feeling: Emotion and the First Amendment

My paper versus the other topics: One of these things is not like the others.  Regulation of non-press entities is also an important part of modern speech regulation, and I do think my topic is grounded in Sullivan, although not … Continue reading

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