Category Archives: Uncategorized

Announcing the Open Source Property Casebook

Posted on December 15, 2016 by rtushnet

Straight from Jeremy Sheff: On behalf of myself and my co-authors (Steve Clowney, James Grimmelmann, Mike Grynberg, and Rebecca Tushnet), I am pleased to announce the immediate availability of Open-Source Property, a completely free casebook for the 1L Property Law course. We would like to ask … Continue reading →

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Reading list: why search engines shouldn’t implement the right to be forgotten

Posted on December 14, 2016 by rtushnet

Note structural similarity to arguments about copyright takedown notices. Stuart Hargreaves, The Trouble with Using Search Engines as the Primary Vector of Exercising the Right to Be Forgotten, [2016] 19 Pandora’s Box 83-106 Abstract:      European privacy law currently implements the … Continue reading →

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NYIPLA IP writing competition

Posted on December 12, 2016 by rtushnet

For current law students.  $1500/$1000 awards for the winners.  Deadline March 3, 2017.  Details here. from Blogger http://ift.tt/2gRb2F6

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Trademark questions of the day, pictorial edition

Posted on December 12, 2016 by rtushnet

Some photos I found in my end-of-year cleanup: wine caddy in form of black shoe with red sole: infringement or dilution? petco label, “because I’m worth it” from Blogger http://ift.tt/2hp733z

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Copyright question of the day, Colting edition

Posted on December 9, 2016 by rtushnet

Frederik Colting and his partner have a new line of books, KinderGuides, which are children’s versions of classics like On the Road and Breakfast at Tiffany’s.  Fair use? from Blogger http://ift.tt/2hfm0VJ

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Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands

Posted on December 6, 2016 by rtushnet

Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, — F.3d – (5th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims.  Thus, they have imposed … Continue reading →

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Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands

Posted on December 6, 2016 by rtushnet

Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, — F.3d – (5th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims.  Thus, they have imposed … Continue reading →

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Mardi Gras bead dogs live

Posted on December 5, 2016 by rtushnet

At least the trademark registration does.  Remember the Mardi Gras bead dog case, Nola Spice, in which the PTO accidentally accepted a Section 15 incontestability statement during the pendency of an appeal of an order cancelling the mark, even though … Continue reading →

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… and the Best Title of the Year award goes to Mark Lemley

Posted on December 2, 2016 by rtushnet

Inventor Sued for Infringing His Own Patent. You Won’t Believe What Happened Next Mark A. Lemley  Stanford Law SchoolNovember 30, 2016 from Blogger http://ift.tt/2gRnJjQ

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Update re: DMCA re-registration

Posted on December 2, 2016 by rtushnet

I have updated my original post to include the information that the Library of Congress, not the CO, set the password requirements, and to add a rant about how re-registration should not be a thing. from Blogger http://ift.tt/2gJ4skq

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