Category Archives: Uncategorized

Pro tip: don’t refer to delayed TM claim as “lottery ticket”

Posted on November 21, 2016 by rtushnet

Dropbox secured a rare laches ruling based in significant part on internal discussions by the other claimant to “dropbox” about how delaying a claim until after Dropbox’s IPO would increase the payout.  Via DuetsBlog. from Blogger http://ift.tt/2geplUQ

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Truthful report about injunction not misleading, even if injunction shouldn’t have been issued

Posted on November 21, 2016 by rtushnet

Peek v. Whittaker, 2016 WL 6806265,  No. 13-cv-1188 (W.D. Pa. Nov. 17, 2016) The parties, floor care businesses, are in a litigation deathmatch; this case is a follow-on to a state court lawsuit.  Whittaker sold carpet cleaning machines and fluids … Continue reading →

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When Lexmark raises the standard: competitor fails to show harm causation from literal falsity

Posted on November 21, 2016 by rtushnet

Snac Lite, LLC v. Nuts ‘N More, LLC, 2016 WL 6778268, No. 14-cv-01695 (N.D. Ala. Nov. 16, 2016) Snac Lite sued NNM for misrepresenting the protein content of its specialty nut butters.  The court granted summary judgment, despite past literally … Continue reading →

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Jaszi festschrift–abbreviated panel 4

Posted on November 18, 2016 by rtushnet

Pam Samuelson Reflections Praised Jaszi’s leadership in fighting White Paper, Digital Future Coalition; the DMCA could have been much worse. Reached out to people who think about copyright ownership who aren’t lawyers. Panel 4 – Pedagogy Plus Joseph Liu and … Continue reading →

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Jaszi Festschrift, Panel 3 Fair use

Posted on November 18, 2016 by rtushnet

Michael Donaldson, Reflections: More lobbyists in Congress for © industries than there are members of Congress.  But fair use guidelines for documentary film weren’t threatening, especially once there was insurance for filmmakers who used the guidelines.  Good fair use decisions, … Continue reading →

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Jaszi festschrift: Panel 2 – Authorship

Posted on November 18, 2016 by rtushnet

Margaret Chon, What Berne Article 15(4) Tells Us Decolonization and development: only one country, India, initially designated an authority to facilitate compulsory licensing and even after Berne was amended only two dozen countries have taken advantage of the option.  Non … Continue reading →

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ABA amicus in Lee v. Tam

Posted on November 18, 2016 by rtushnet

The ABA’s amicus in Lee v. Tam in favor of neither party is largely strong (though I don’t agree with everything therein) but does contain one argument that is unworthy of the ABA’s trademark experts: The theory that otherwise valid marks become … Continue reading →

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Jaszi festschrift, Panel 1 – Traditional Knowledge

Posted on November 18, 2016 by rtushnet

Intellectual Property and the Public Interest: Toward a Festschrift for Peter A. Jaszi Boatema Boateng, “Tradition” and the Production of the Other in Intellectual Property Law Jaszi’s questioning of received wisdom of copyright law is a key influence.  How different … Continue reading →

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Jaszi festschrift, Panel 1 – Traditional Knowledge

Posted on November 18, 2016 by rtushnet

Intellectual Property and the Public Interest: Toward a Festschrift for Peter A. Jaszi Boatema Boateng, “Tradition” and the Production of the Other in Intellectual Property Law Jaszi’s questioning of received wisdom of copyright law is a key influence.  How different … Continue reading →

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Peter Jaszi lecture, Confessions of a recovering auteurist

Posted on November 18, 2016 by rtushnet

This was a lecture given in honor of Prof. Jaszi’s retirement from teaching, before a festschrift for his work. New Librarian of Congress said that she’d have the CO serve the interests of authors—assumption that authors are ©’s beneficiaries.  Metaphor … Continue reading →

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