Category Archives: Uncategorized

WIPIP SESSION 7.A. — Trademarks

Jeanne Fromer & Barton Beebe, NYU School of Law The Future of Trademark Depletion in a Global, Multilingual Economy: Evidence and Lessons from the European Union TMs transcend boundaries b/c brands transcend boundaries; even small businesses are often looking beyond … Continue reading

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WIPIP SESSION 6.A. Competition and Antitrust

BJ Ard, University of Wisconsin Law School Competition With and Without IP in the Video Game Industry Negative space; a number of lessons. Character protection is meaningful: Pac-Man/combination of elements. Patents can cover some elements/game rules, but most gameplay won’t … Continue reading

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WIPIP: PLENARY SESSION 3 — Why American WIP’ers Should Care About International Law

Jerome H. Reichman, Duke Law School, Duke University Until 1994, there weren’t many options when a nation didn’t comply with IP treaties: complaints and retaliation against that country’s nationals. Then came TRIPS. Arbitration, including damages, became available; winner can also … Continue reading

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WIPIP SESSION 5.A. — Copyrights

Ned Snow, University of South Carolina School of Law The Tension Between Science and Creativity in the Copyright Clause Fabrications: clearly creative, but contrary to the meaning of “science.” Deceitful expression might provide knowledge about deception. CSAM/revenge porn: no benefit … Continue reading

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IP writing competition for law students

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WIPIP, SESSION 2.B. — Copyrights

Cathay Smith, University of Montana Blewett School of Law Weaponizing Copyright Pure suppression: Dr. Drew’s minimization of Covid; YouTubers compiled these clips and he sent takedown notices. Lawyer asserted © over text messages to ex partner when they were published … Continue reading

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WIPIP, PLENARY SESSION 1 — Race, Gender, and IP

Dan Burk, University of California, Irvine School of Law Racial Bias in Algorithmic IP Unpacking bias: divergent meanings: statistical bias (sampling), design (wrong type of model, model created for one purpose used for another), the fact that “raw data” is … Continue reading

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unconscionability prevents enforcement of arbitration agreement for consumer claims

Cabatit v. Sunnova Energy Corp., No. C089576, — Cal.Rptr.3d —-, 2020 WL 8365909 (Ct. App. Dec. 31, 2020) California isn’t fond of mandatory consumer arbitration. Here, the court finds the arbitration agreement unconscionable and refuses to enforce it against a … Continue reading

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survey sustains false advertising claim alleging misleading use of military imagery

Mahindra & Mahindra Ltd. v. FCA US LLC, 2021 WL 323253, No. 18-cv-12645 (E.D. Mich. Feb. 1, 2021) Plaintiffs sued FCA for a judgment of noninfringement of the Jeep grille design in its Roxor vehicle (which dispute mainly took place … Continue reading

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Uber avoids taxi suit because of causation problems

Ezeokoli v. Uber Technol., Inc., 2021 WL 247975, No. A156445 (Cal. Ct. App. Jan. 26, 2021) Plaintiffs, a putative class of taxi drivers, lost this Lanham Act false advertising appeal because they couldn’t show that Uber’s allegedly false statements harmed … Continue reading

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