Category Archives: Uncategorized

IPSC: Copyright again

Posted on August 7, 2015 by rtushnet

Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis   Jerome Frank’s infamous/canonical © infringement test from Arnstein v. Porter, influential across the country. Step 1: actual copying, dissection allowed, expert testimony … Continue reading →

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Ad of the day: does Louboutin have a claim?

Posted on August 7, 2015 by rtushnet

Association? Dilution? Would any of the dilution exceptions apply? Via SocImages. from Blogger http://ift.tt/1UtjVT9

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IPSC, Copyright Theory II

Posted on August 7, 2015 by rtushnet

Copyright Theory II    Brad Greenberg Columbia Law School Bizarro Copyright   Does having lots of different antennas in one place v. all over the place make a difference to whether there is public performance? Central question of Aereo: looks … Continue reading →

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Another circuit agrees that Dastar-barred claims can’t be repled as false advertising

Posted on August 7, 2015 by rtushnet

Kehoe Component Sales Inc. v. Best Lighting Products, Inc., — F.3d —-, No. 14–3347, 2015 WL 4635824 (6th Cir. Aug. 5, 2015)   Best asked Kehoe (“Pace”) to make specialized lighting products for Best.  After Pace made enough units to … Continue reading →

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IPSC, Copyright and Society

Posted on August 6, 2015 by rtushnet

Third Breakout Session: Copyright & Society   Clemens Appl & Philipp Homar, Vienna University of Economics & Business, Education 4.0: Recent Challenges to Copyright   From user-generated content to user-generated copyright. Use of materials for educational purposes is one of … Continue reading →

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IPSC: Other IP

Posted on August 6, 2015 by rtushnet

Other IP  [Insert wry commentary about “fringe” fields like advertising law]   Sarah Burstein, The University of Oklahoma College of Law Reviving Ornamentality    Fed. Cir. killed the doctrine.  Statute says new, original, and ornamental designs can get a design … Continue reading →

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IPSC First Breakout Session, Trademark Registration

Posted on August 6, 2015 by rtushnet

Barton Beebe & Jeanne Fromer, New York University School of Law Is the Frontier Closing?: Registration Rates of Frequently Used Words on the PTO’s Trademark Register    Much of TM literature claims that the range of marks is infinite; Qualitex … Continue reading →

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IPSC, opening plenary

Posted on August 6, 2015 by rtushnet

IPSC at DePaul   Opening Plenary Session   Tributes to Benjamin Liu & Greg Lastowka, much-missed colleagues who passed away in the last year.   Roberta Kwall, DePaul University College of Law   Changes in law school in last 15 … Continue reading →

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Presumption of injury saves Lanham Act monetary award

Posted on August 5, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, — Fed.Appx. —-, 2015 WL 4591924, Nos. 14–1119, 14–1121 (10th Cir. July 31, 2015)   Chumley formerly worked for General Steel, then founded Armstrong after an unfriendly parting.  The parties compete to sell … Continue reading →

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Photo finish: allegedly unauthorized (c) sublicensing isn’t false designation of origin

Posted on August 3, 2015 by rtushnet

Photographic Illustrators Corp. v. Orgill, Inc., 2015 WL 4572296, No. 14-11818 (D. Mass. July 29, 2015)   PIC specializes in commercial photography.  It took photos of lighting fixtures manufactured by nonparty OSI.  Defendants Orgill and Farm & City Supply distribute … Continue reading →

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