Category Archives: Uncategorized

Trump’s trademarks

Posted on January 13, 2017 by rtushnet

Trump’s lawyer’s statement: Selling, first and foremost, would not eliminate possibilities of conflicts of interest. In fact, it would exacerbate them. The Trump brand is key to the value of the Trump Organization’s assets. If President-elect Trump sold his brand, … Continue reading →

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Question for those who know European privacy law

Posted on January 13, 2017 by rtushnet

Is this ad campaign for Spotify a problem? “Dear person in the Theater District who listened to the Hamilton soundtrack 5,376 times this year, can you get us tickets?” and “Dear person who played ‘Sorry’ 42 times on Valentine’s Day, What did … Continue reading →

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Harvard IP fellowship: applications sought

Posted on January 12, 2017 by rtushnet

PROJECT ON THE FOUNDATIONS OF PRIVATE LAW POSTDOCTORAL FELLOWSHIP IN PRIVATE LAW AND INTELLECTUAL PROPERTY, 2017-2019 CALL FOR APPLICATIONS The Project on the Foundations of Private Law is an interdisciplinary research program at Harvard Law School dedicated to scholarly research … Continue reading →

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Federal Circuit Symposium at AU on Patent & TM law, Jan. 27

Posted on January 12, 2017 by rtushnet

AMERICAN UNIVERSITY LAW REVIEW PRESENTS ITS FEDERAL CIRCUIT SYMPOSIUM : IDENTIFYING BOUNDARIES IN PATENT AND TRADEMARK LAW Jan. 27, 2017 at American University College of Law  REGISTER AT: http://ift.tt/2j5yqkd CLE CREDIT AVAILABLE from Blogger http://ift.tt/2jcxgFN

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10th Annual Evil Twin Debate,”Free Speech or Free to Reject?: Trademark Registration & the First Amendment”

Posted on January 9, 2017 by rtushnet

Sponsored by the University of Richmond School of Law and the AALS IP Section and hosted at Golden Gate University School of Law.   Mark Lemley & I debated, and though I usually try to point out that my summaries … Continue reading →

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10th Annual Evil Twin Debate,”Free Speech or Free to Reject?: Trademark Registration & the First Amendment”

Posted on January 9, 2017 by rtushnet

Sponsored by the University of Richmond School of Law and the AALS IP Section and hosted at Golden Gate University School of Law.   Mark Lemley & I debated, and though I usually try to point out that my summaries … Continue reading →

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Reading list: anti-surcharge rules and behavioral economics

Posted on January 6, 2017 by rtushnet

Todd J. Zywicki, Geoffrey A. Manne & Kristian Stout, Behavioral Law & Economics Goes to Court: The Fundamental Flaws in the Behavioral Law & Economics Arguments Against No-Surcharge Laws I found this quite interesting, though I am much less skeptical … Continue reading →

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Reading list: 2016 TM year in review

Posted on January 4, 2017 by rtushnet

 Mark P. McKenna & Shelby Niemann, 2016 Trademark Year in Review: This brief essay reviews some of the most significant developments in trademark law during the past year. In most cases we have interpreted “year” fairly liberally, particularly to highlight some … Continue reading →

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Lexmark harm requirement reopens gap between registered and unregistered TM infringement

Posted on January 3, 2017 by rtushnet

UHS of Delaware, Inc. v. United Health Services, Inc., 2016 WL 7474801, No. 12-CV-485 (M.D. Pa. Dec. 29, 2016) If other courts follow this logic, this could be big.  Plaintiff UHS Delaware sued United Health Services, Inc., and related defendants … Continue reading →

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Extraterritorial conduct isn’t relevant to laches, but clear house mark defeats counterfeiting charge

Posted on January 3, 2017 by rtushnet

Gibson Brands, Inc. v. John Hornby Skewes & Co. Ltd., No. CV 14-00609, 2016 WL 7479317 (C.D. Cal. Dec. 29, 2016) Gibson sued JHS for infringement of its trade dress rights in guitar body shapes.  The court first rejected JHS’s … Continue reading →

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