Category Archives: Uncategorized

Another court finds that injury from fake “sale” prices is redressable

Posted on September 12, 2016 by rtushnet

Le v. Kohls Department Stores, Inc., 160 F. Supp. 3d 1096 (E.D. Wisc. 2016) Le sued under various state consumer protection statutes (and unjust enrichment), alleging that Kohls falsely advertised “sale” or “discount” prices off of the “regular” or “original” … Continue reading →

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Stanford Sociology and Psychology of IP

Posted on September 10, 2016 by rtushnet

Session 5: Fairness, efficiency, and distributive justice Discussion leaders: Stephanie Bair: Concepts of ownership/justice in ownership may be universals—studies of children across cultures.  Purpose of IP as understood to be to prevent plagiarism—asking for permission is sufficient, though, in many … Continue reading →

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Stanford Sociology & Psychology of IP, branding

Posted on September 10, 2016 by rtushnet

Session 4: The sociology and psychology of brands Discussion leaders: Jeanne Fromer: A lot of work in this area. Some is about how consumers react to branding in systematic ways.  Rule of thumb in talking to branding folks: if you … Continue reading →

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Sociology and Psychology of IP, Session 3: What can we learn from IP-free zones?

Posted on September 10, 2016 by rtushnet

Discussion leaders: Kate Darling: attribution as something that people want rather than money in “negative spaces.” They know they can monetize their reputations.  Systems of self-governance often differ from those of formal law.  Attribution preference is not just about fairness/ego. … Continue reading →

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Sociology and Psychology of IP, Session 3: What can we learn from IP-free zones?

Posted on September 10, 2016 by rtushnet

Discussion leaders: Kate Darling: attribution as something that people want rather than money in “negative spaces.” They know they can monetize their reputations.  Systems of self-governance often differ from those of formal law.  Attribution preference is not just about fairness/ego. … Continue reading →

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The Psychology and Sociology of IP, patents

Posted on September 9, 2016 by rtushnet

Session 2: Why do companies patent? Discussion leaders: Lisa Ouellette: Accounts indicate that non-incentive reasons drive much patenting, contrary to standard incentive story.  What do sociologists etc. think about this divide in accounts?  Sociology/psychology give us tools when economic rationality … Continue reading →

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The Psychology and Sociology of Creativity and IP, Stanford Law School

Posted on September 9, 2016 by rtushnet

Session 1: Why do people create? Discussion leaders: Jessica Silbey Why and how? Psychological perspective, individual: b/c it’s fun, play; problem-solving; creativity as essential to who they are/identity-forming; as natural. Literature on extrinsic v. intrinsic motivation. Different ways of operationalizing … Continue reading →

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“same active ingredient” claim is false when P’s product has multiple active ingredients

Posted on September 6, 2016 by rtushnet

Merial LLC v. Fidopharm, Inc., 2014 WL 11930586, No. 13-cv-1207 (N.D. Ga. Sept. 5, 2014) Old, but interesting enough to blog when it showed up in my Westclip search. Merial sells Frontline, a popular line of flea and tick preventives.  … Continue reading →

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NY law offers more than 43(a) when it comes to allegedly misleading omissions

Posted on September 6, 2016 by rtushnet

Casper Sleep, Inc. v. Mitcham, — F.Supp.3d —-, 2016 WL 4574388, 16 Civ. 3224 (S.D.N.Y. Sept. 1, 2016 Casper sells mattresses over the internet, while Mitcham and Mattress Nerd LLC operate a website that reviews mattresses. Casper sued under § … Continue reading →

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If a body catch a body in high heels

Posted on September 6, 2016 by rtushnet

Transformative work of the day?  These “Catcher in the Rye” heels involve both decoupage and paint (for some of the quotes).  What should the copyright/TM analysis look like? from Blogger http://ift.tt/2cwfMRX

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