Category Archives: Uncategorized

False advertising of flanges leads to rare recall and some disgorgement

Posted on February 11, 2020 by rtushnet

Boltex Manufacturing Co. v. Ulma Piping USA Corp., 2020 WL 598284, No. 4:17-CV-01400 (S.D. Tex. Feb. 7, 2020) Followup on the multimillion-dollar verdict in this false advertising case. A jury found that defendants falsely advertised their carbon steel flanges as … Continue reading →

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WIPIP 2020, Day 2 panel 4

Posted on February 10, 2020 by rtushnet

Panel 4: Copyright Stephanie Bair, Copyright’s Hidden Costs We’ve used the creativity literature to examine the benefits side of ©, but not necessarily the costs. The benefits of engaging in creative pursuits/having creative skills: being good at problem finding, being … Continue reading →

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WIPIP 2020, Day 2 panel 3

Posted on February 10, 2020 by rtushnet

Panel 3: Copyright Sarah Polcz, Loyalties v. Royalties: Relational Roots in Joint Authorship Relative reward (a pun!) and joint authorship. Our satisfaction for compensation is not just about absolutes, but about how fair the share is compared to the share … Continue reading →

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WIPIP 2020, Santa Clara, day 2 panel 2

Posted on February 10, 2020 by rtushnet

Panel: Copyright  Fair Use Jacob Victor, Utility-Expanding Fair Use: New technological developments: utility-enhancing fair use. Project: disaggregate it from other forms of fair use and see why fair use might not be the best mechanism for allowing these technologies to … Continue reading →

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WIPIP 2020, Santa Clara, day 2 panel 1

Posted on February 10, 2020 by rtushnet

Thanks to Eric Goldman and the rest of Santa Clara’s team for organizing a great WIPIP. I was only able to attend the second day, unfortunately. Copyright Christine Davik, Unregistered Complaints: Only US works (b/c of Berne) are required to … Continue reading →

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WIPIP 2020, Santa Clara, day 2 panel 1

Posted on February 10, 2020 by rtushnet

Thanks to Eric Goldman and the rest of Santa Clara’s team for organizing a great WIPIP. I was only able to attend the second day, unfortunately. Copyright Christine Davik, Unregistered Complaints: Only US works (b/c of Berne) are required to … Continue reading →

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Feb. 11: The Controversial Sale of the .ORG Registry: PIJIP program

Posted on February 7, 2020 by rtushnet

Program at AU’s Program on Information Justice and Intellectual Property: Feb. 11, 2020. Register here. from Blogger https://ift.tt/2OyFMgK

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false claims of patent invalidity may be false advertising

Posted on February 4, 2020 by rtushnet

Willis Electric Co. v. Polygroup Macau Limited (BVI), 2020 WL 522441, No. 15-cv-3443 (WMW/KMM) (D. Minn. Feb. 3, 2020) The parties compete in the market for artificial Christmas trees. (The parties apparently say “holiday,” but come on.) Willis allegedly innovated … Continue reading →

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Second Circuit summarily affirms fair use in “Jimmy Smith Rap” case

Posted on February 3, 2020 by rtushnet

Estate of Smith v. Graham, No. 19-28 (2d Cir. Feb. 3, 2020) The court of appeals affirmed the grant of summary judgment on a fair use defense (I filed an amicus brief on behalf of IP professors in support of … Continue reading →

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Meat industry compares meat substitutes to dog food

Posted on January 30, 2020 by rtushnet

I’d be interested in the legal opinion clearing this full-page NYT ad: with a case out there saying that people expect dog food to be less appealing than human food, and other disparagement related precedents, this is an aggressive strategy.  … Continue reading →

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