Category Archives: Uncategorized

IPSC Breakout Session III

Posted on August 12, 2016 by rtushnet

IP & Privacy Exploring Privacy as Commons Katherine Strandburg & Brett Frischmann Knowledge production/privacy as highly related, not orthogonal/opposed.  Knowledge production framework as a way of doing descriptive empirical case studies of how privacy works in context, which can aid … Continue reading →

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IPSC breakout session 2

Posted on August 11, 2016 by rtushnet

IPSC Breakout Session II: Trademarks, Advertising & Consumers Relying on Reputation Jim Gibson Reputation: what rational consumers would use to decide what products/services to buy. We shouldn’t expect that info to be widely available to consumers w/o some help, and … Continue reading →

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IPSC Breakout Session I

Posted on August 11, 2016 by rtushnet

IPSC Breakout Session I: Copyright: Music & Remixes Assessing France’s Graduated Response Scheme Against Piracy & State Interventionism in the Marketplace for Copyrighted Content Nicholas Jondet Strong philosophical attachment to ©, and economic interests—Universal Music is French-owned.  In practice, low … Continue reading →

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IPSC First Plenary Session

Posted on August 11, 2016 by rtushnet

Scarcity of Attention in a World without IP Jake Linford We impose artificial scarcity so authors can pick up sunk costs. But costs of creation have fallen; perhaps © should be narrowed as a result.  Wrinkle: attention scarcity. Cheaper dissemination … Continue reading →

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failure to speak can be advertising but not presentations to trainers

Posted on August 10, 2016 by rtushnet

WIKA Instrument I, LP v. Ashcroft, Inc., 2015 WL 11199059, No. 13-CV-43 (N.D. Ga. Jul. 10, 2016) WIKA sued Ashcroft, a competing maker of pressure gauges, for false advertising and related claims, and Ashcroft counterclaimed similarly.  WIKA sells the XSEL … Continue reading →

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Confusion bans are content-based so disclaimers must be tried first, court rules

Posted on August 8, 2016 by rtushnet

Pursuing America’s Greatness v. Federal Election Comm’n, No. 15-5264 (D.C. Cir. Aug. 2, 2016) I wonder whether INTA is worried about this case.  If not, why not? The Federal Election Commission prohibits unauthorized political committees, like Pursuing America’s Greatness, from … Continue reading →

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Confusion bans are content-based so disclaimers must be tried first, court rules

Posted on August 8, 2016 by rtushnet

Pursuing America’s Greatness v. Federal Election Comm’n, No. 15-5264 (D.C. Cir. Aug. 2, 2016) I wonder whether INTA is worried about this case.  If not, why not? The Federal Election Commission prohibits unauthorized political committees, like Pursuing America’s Greatness, from … Continue reading →

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Strict liability means competitor can create literal falsity by bringing out better product

Posted on August 4, 2016 by rtushnet

SharkNinja Operating LLC v. Dyson Inc., No. 14-cv-13720 (D. Mass. Aug. 3, 2016) In 2013, Dyson launched an ad campaign claiming that some of its vacuums had “twice the suction of any other vacuum” on the market. In July 2014, … Continue reading →

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Annemarie Bridy takes on the Copyright Office’s overreach

Posted on August 4, 2016 by rtushnet

Here, on the set-top box FCC rulemaking. The Copyright Office wants people to believe that copyright is a general right to control commercial exploitation, and that if cable companies want to cut deals with content providers trading away customers’ fair … Continue reading →

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Can functionality become nonfunctionality with new data?

Posted on August 4, 2016 by rtushnet

C5 Medical Werks, LLC v. CeramTec GMBH, 2016 WL 4092955, No 14-cv-00643 (D. Colo. Jun. 10, 2016) C5 competes with CeramTec in the ceramic hip implant market. In 1998 CeramTec patented a ceramic composite used in hip implants, advertising that … Continue reading →

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