Category Archives: Uncategorized

IPSC Breakout Session 4, Design, Trademark & IP Boundaries

Posted on August 7, 2026 by rtushnet

Backdoor Trade Dress, Rachael Dickson Strange things are afoot at the PTO. Applications for line drawings of specific products. They are not configuration marks for the product design. They’re just design marks. In addition to the usual TM registration requirements, … Continue reading →

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IPSC Breakout Session 3 Trademark Confusion & Consumer Perception

Posted on August 7, 2026 by rtushnet

Trademark Confusion as a Matter of Law, Andrew Michaels Is infringement a proposition about the world, or about the law? Fact: an empirical predictive question about the world. Law: a normative judgment about whether there should be legal responsibility—is the … Continue reading →

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IPSC Breakout Session 2 Copyright Fixation & Subject Matter

Posted on August 6, 2026 by rtushnet

Culture Isn’t Transitory: The Disappearance of Music and Film Under the Copyright Regime Amanda M. Whorton & David S. Levine How could © improve cultural heritage preservation? Modestly change fixation to help archivists. We have only one video recording of … Continue reading →

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IPSC Breakout Session 1 Copyright Secondary Liability

Posted on August 6, 2026 by rtushnet

Copyright’s Intent, Mark McKenna (with Laura A. Heymann & Alfred C. Yen) Cox: Contributory infringement for service providers can be shown only with intent, or with a service tailored to infringement. What happened to Gershwin? Will courts really accept that? … Continue reading →

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IPSC Opening Plenary Session: IP Openness, Secrecy, and Enclosure

Posted on August 6, 2026 by rtushnet

Selective Exploitation, Kristelia García Justifications for deference to rightsholders in enforcement context are less persuasive than justifications for deference to rightsholders in exploitation decisions. These aren’t infringers—outside of ©’s standard infringement/remedies scope. Conduct at issue: shifting content from Peacock to … Continue reading →

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Reading list: Do Louis Vuitton’s Registered Trademarks in China Appropriate Traditional Chinese Culture?

Posted on August 4, 2026 by rtushnet

 Do Louis Vuitton’s Registered Trademarks in China Appropriate Traditional Chinese Culture? Ohio State Legal Studies Research Paper No. 980 20 Pages Posted: 4 Aug 2026 Daniel C. K. Chow Michael E. Moritz College of Law Date Written: August 03, 2026 … Continue reading →

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10th Circuit finds that disparagement by pet food company was commercial speech though affiliated vets’/nonprofits’ speech wasn’t

Posted on July 16, 2026 by rtushnet

KetoNatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc., No. 24-3185 (10th Cir. Jul. 14, 2026) The court of appeals affirms in part and reverses in part the district court opinion dismissing Lanham Act claims against Hill’s and other defendants. … Continue reading →

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safety claims aren’t vague in context of child car seats

Posted on July 16, 2026 by rtushnet

Ricardo Moncada v. Nuna Baby Essentials, Inc., — F.Supp.3d —-, 2026 WL 866852, No. 25-cv-2592 (PKC) (S.D.N.Y. Mar. 30, 2026) Nuna allegedly marketed its Rava-brand children’s car-seat product by emphasizing its safety features and a product-testing regimen that exceeded American … Continue reading →

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Under Armour defeats Lanham Act claim, must continue to fight tortious interference

Posted on July 16, 2026 by rtushnet

Multiple Energy Technol., LLC v. Under Armour, Inc., 2026 WL 2016679, 2:20-CV-664 (W.D. Pa. Jul. 13, 2026) Bioceramic powder is “a substance that is integrated into clothing, and, when worn, allegedly improves sleep and muscle recovery.” Plaintiff MET made a … Continue reading →

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DDC won’t protect World Professional Association for Transgender Health against FTC/WD Tex

Posted on July 13, 2026 by rtushnet

World Professional Association for Transgender Health v. Federal Trade Comm’n, No. 26-532 (JEB), 2026 WL 1999008 (D.D.C. Jul. 10, 2026) Some broader commentary on the regime’s mostly successful attempt to attack transgender care in Texas. A main promise of the … Continue reading →

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