Category Archives: Uncategorized

When an author’s name isn’t CMI

Posted on February 26, 2018 by rtushnet

Fischer v. Forrest, Nos. 14 Civ. 1304, 1307, 2018 WL 948758 (S.D.N.Y. Feb. 16, 2018) This very outdoorsily named and themed litigation arose out of the termination of a longstanding business relationship between plaintiff Fischer and defendants, including Brushy Mountain … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Conference: administrative law/private law interface in IP

Posted on February 26, 2018 by rtushnet

The Administrative-Private Law Interface in IP,  March 29, 2018 A conference co-organized by the Project on the Foundations of Private Law at Harvard Law School and the University of Texas School of Law, sponsored by Qualcomm Inc. More info here. … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

False endorsement: some bad questions to ask in a survey

Posted on February 23, 2018 by rtushnet

Gibson v. BTS North, Inc., 2018 WL 888872, No. 16-24548 (S.D. Fla. Feb. 14, 2018) Plaintiffs are professional models, actresses, and/or businesswoman who earn their livings by promoting her image, likeness, and/or identity to select clients, commercial brands, media, and … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Zazzle injunction reversed: irreparable harm is hard to show

Posted on February 23, 2018 by rtushnet

Greg Young Pub’g, Inc. v. Zazzle, Inc., No. 16-cv-04587 (C.D. Cal. Feb. 8, 2018) After a jury trial finding Zazzle liable for copyright infringement for producing goods with user-uploaded images, the court granted a preliminary injunction. Here, it vacates that … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

The other Redbox case: the color may fade, but not the mark

Posted on February 23, 2018 by rtushnet

Redbox Automated Retail, LLC v. Xpress Retail LLC, 2018 WL 950098, No. 17 C 5596 (N.D. Ill. Feb. 20, 2018) Redbox sued defendant DVDXpress alleging trademark infringement and false advertising; DVDXpress moved to dismiss and asserted counterclaims/affirmative defenses, some of … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Reading list: global fair use

Posted on February 23, 2018 by rtushnet

Lionel Bently and Tanya Aplin, Whatever Became of Global, Mandatory, Fair Use? A Case Study in Dysfunctional Pluralism The international copyright system requires all participants to recognise a freedom for fair quotation that covers much of the ground encompassed by … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

WIPIP concurrent 3 (most of it)

Posted on February 17, 2018 by rtushnet

Annemarie Bridy, Fearless Girl Meets Charging Bull: Copyright and the Regulation of Intertextuality DiModica (who made Charging Bull) complained that Fearless Girl’s placement created an unauthorized derivative work and violated VARA by being a material alteration that prejudiced his honor—Charging … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

WIPIP Concurrent 2

Posted on February 16, 2018 by rtushnet

Nancy Kim, The License v. Sale Puzzle after Impressions v. Lexmark Sales exhaust the patentee’s rights to any item regardless of what the contract says. But restrictions on licensees are different because a license doesn’t implicate the same concerns about … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

WIPIP panel one: TM tarnishment and (c)

Posted on February 16, 2018 by rtushnet

[title fixed because I can’t keep seasons straight] Suneal Bedi, Bad Brands: Experimental Studies in Trademark Tarnishment What is the reputation of a mark?  Working on PhD in marketing at Penn; marketing is the best discipline to answer this Q.  … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

WIPIP: Opening plenary

Posted on February 16, 2018 by rtushnet

WIPIP Plenary [Standard disclaimer: these are just my notes; I miss stuff or it’s about patents and I don’t necessarily get it; I also have to pick and choose from many attractive panels and this year I’m only at the … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment