Category Archives: Uncategorized

IPSC: Comparative & International IP

Posted on August 8, 2025 by rtushnet

Karen Sandrik, Marquette University Law School, Cultural Legacies and Innovation Barriers: Comparative Lessons from Post–Soviet Research Institutions for American Innovation Policy Slovakia: Comenius U press release about first official patent sold/assigned by a Slovak university. They spent a year negotiating … Continue reading →

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IPSC: Copyright Enforcement

Posted on August 8, 2025 by rtushnet

Thomas H. Rousse, Northwestern Pritzker School of Law, Open Licensing, Hidden Costs: Survey Experiment Insights On Creative Commons and Copyright Infringement Pragmatist; experience as journalist with taking a photo, licensing it via CC, and seeing it widely reused without credit … Continue reading →

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IPSC: Trademarks in Society

Posted on August 8, 2025 by rtushnet

Jonathan Masur, University of Chicago Law School, Measuring the Value of Trademark Distinctiveness: Evidence from the Market for Bordeaux Wines Branding is important; confusion is the core justification for TM to allow consumers to get what they want and firms … Continue reading →

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IPSC: Copyright Fair Use and User Rights/Trademark IV

Posted on August 8, 2025 by rtushnet

Copyright Fair Use and User Rights Stav Zeitouni, UC Berkeley School of Law, A Theory of Noncommerciality in Fair Use Lots of incoherent concepts—Hachette v. Internet Archive is example where dct used “failed to pay the customary price,” but ct … Continue reading →

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IPSC: TM III/Music

Posted on August 7, 2025 by rtushnet

Trademark III Graeme B. Dinwoodie, Chicago–Kent College of Law – Illinois Institute of Technology, Not Just the Gutting of Rogers: A Window into Modern Trademark Challenges Defenses developed much more seriously in the US than in Europe. Rogers was an … Continue reading →

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IPSC: TM II/(c) II

Posted on August 7, 2025 by rtushnet

Trademark II Mary Catherine Amerine, The George Washington University Law School, Mind the Gap: How Brand Gimmicks Have Made Infinite the Zone of Expansion Doritos x Empirical alcohol: on shelves for three years. Tesla mezcal. Le Moutarde Vin wine cobranded … Continue reading →

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IPSC: TM I/(c) I

Posted on August 7, 2025 by rtushnet

IPSC, DePaul Trademark I Stacey Dogan, Boston University School of Law, Hollywood’s Trademark Law Courts seem to be treating classically expressive uses, including titles of movies, as source-indicating; Kagan didn’t seem to intend this result and courts should be more … Continue reading →

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Amicus brief on unconstitutionality of dilution by tarnishment

Posted on August 5, 2025 by rtushnet

 Filed in the return of JDI v. VIP to the Ninth Circuit. from Blogger http://tushnet.blogspot.com/2025/08/amicus-brief-on-unconstitutionality-of.html

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resale is not a misrepresentation of being an authorized seller under false advertising law

Posted on August 4, 2025 by rtushnet

FB Select, LLC v. Ocean Blue Trading, LLC, No. 24-cv-8425 (PKC), 2025 WL 2172653 (S.D.N.Y. Jul. 31, 2025) Finding cases where TM and false advertising law give different outputs on the same facts because of lack of harm/materiality/falsity is my … Continue reading →

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court upholds nine-figure verdict in false advertising case

Posted on August 1, 2025 by rtushnet

Guardant Health, Inc. v. Natera, Inc., 2025 WL 2106522, No. 21-cv-04062-EMC (N.D. Cal. Jul. 28, 2025) Previous opinion discussed here. Guardant sued Natera for falsely advertising a clinical test; after the court denied a PI, it conducted a trial at … Continue reading →

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