Category Archives: Uncategorized

Private Law & IP, Standards

Posted on March 12, 2016 by rtushnet

Session 6: Standards Moderator: Kirti Gupta   Jorge L. Contreras, “Private Ordering or Public Law? The Legal Character of Technical Standard Setting”: Private ordering structure arises when public enforcement mechanisms are unavailable (crime syndicates, rural settings) or less efficient/logical (credit … Continue reading →

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Private Law & IP, Institutions II

Posted on March 12, 2016 by rtushnet

Session 5: Institutions II Moderator: Alfred C. Yen   F. Scott Kieff, “Pragmatism, Perspectives, and Trade: Intellectual Property, Antitrust, and International Trade as Mostly Private Law”: These fields are inherently blends of private and public law, so let’s try pragmatically … Continue reading →

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Private Law & IP, Licensing II

Posted on March 11, 2016 by rtushnet

Session 4: Licensing II Moderator: David J. Kappos   Karen Sandrik, “Empowering Inventors”: Reformers must understand the law they are planning to reform before trying to reform it. Stephen Smith, Contract Theory.  Shiffrin, Divergence of Contract & Promise: two sets … Continue reading →

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Private Law and IP: Licensing I

Posted on March 11, 2016 by rtushnet

Session 3: Licensing I Moderator: Yonathan Arbel Jonathan M. Barnett, “Why is Everyone Afraid of IP Licensing?”: Conventional view—be wary of encroachment on public domain from licensing transactions.  Medley of limitations lay minefield for construction of transactions w/minimum legal risk.  … Continue reading →

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Private Law & IP: Institutions

Posted on March 11, 2016 by rtushnet

Session 2: Institutions I Moderator: Patrick R. Goold Wendy J. Gordon, “Proximate Cause in Torts becomes Proximate Use in Copyright”: Common law has useful intuitions—tort for copyright—though I don’t pretend to know whether tort is optimal. Both tort and © … Continue reading →

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Private Law and Intellectual Property conference at Harvard

Posted on March 11, 2016 by rtushnet

Opening Remarks: Henry Smith—exploring the connections between private law and IP.   Session 1: Entitlement Design Moderator: Rebecca L. Tushnet Speakers and Papers/Commentators: Tun-Jen Chiang, “The Paradox of IP”: A paper looking for a theory.  Why do we have an … Continue reading →

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Alleged Amazon shenanigans constitute use in commerce and commercial advertising/promotion

Posted on March 9, 2016 by rtushnet

Jae Enterprises, Inc. v. OxGord Inc., 2016 WL 865328, No. 15-CV-228 (W.D. Ky. Mar. 2, 2016)   Jae sells aftermarket automobile accessories under the mark Eagle Flight and designs. Jae entered into a distribution agreement with defendants, who resold the … Continue reading →

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My forthcoming article on 2(a) and the First Amendment

Posted on March 9, 2016 by rtushnet

Rebecca Tushnet, The First Amendment Walks into a Bar: Trademark Registration and Free Speech, Notre Dame Law Review (forthcoming)  This Essay analyzes the First Amendment arguments against §2(a)’s disparagement bar with reference to the consequences of any invalidation on the … Continue reading →

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Buddy, can you spare a TRO? No injunction for overlapping use of “big” and “hunting”

Posted on March 8, 2016 by rtushnet

Enerco Group, Inc. v. Deutsch, No. 16CV213, 2016 WL 852572 (N.D. Ohio Mar. 3, 2016)   Enerco sued Deutsch for false advertising and trademark infringement.  Enerco makes portable propane heaters called “Buddy Heaters,” used by outdoorsmen and fishermen in enclosures … Continue reading →

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Nook shuts down in UK; another reason to hate DRM

Posted on March 7, 2016 by rtushnet

But UK customers might get to keep access to certain books they “bought,” if all goes well.  As usual, xkcd had it right years ago. from Blogger http://ift.tt/21XgGao

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