Category Archives: Uncategorized

Paul Mitchell plausibly not “cruelty free” because of entry into market requiring animal testing

Posted on August 7, 2023 by rtushnet

Heagney v. John Paul Mitchell Sys., 2023 WL 4947974, No. 23-cv-00687-VC (N.D. Cal. Aug. 2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” The plaintiffs say … Continue reading →

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What can experts testify to in Lanham Act cases? Not the law or regulations

Posted on August 7, 2023 by rtushnet

GOLO, LLC v. Goli Nutrition Inc., 2023 WL 4952576, No. 20-667-RGA (D. Del. Aug. 3, 2023) Potentially interesting pretrial rulings in this false advertising/TM case: Goli’s motion to exclude the testimony of Dr. Jerry Wind was granted in part to … Continue reading →

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Posted on August 7, 2023 by rtushnet

Hall v. Marriott Int’l, Inc., No. 19cv1715-JO-AHG, 2023 WL 4417265, — F.R.D. – (S.D. Cal. Mar. 30, 2023) Previous opinion in this case about allegedly deceptive/inadequately disclosed mandatory “resort fees.” The court ends up certifying an issues California class, but … Continue reading →

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IPSC Closing Plenary Session

Posted on August 4, 2023 by rtushnet

An Author/Reader Conversation about Jessica Silbey, Against Progress: Intellectual Property and Fundamental Values in the Internet Age (2022) Robert Brauneis: Three layers—(1) object of discovery: creator and innovator accounts, concerns, what kind of conditions support/hinder them in their work; (2) … Continue reading →

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IPSC Breakout Session #5 Platforms & Interfaces/IP Enforcement

Posted on August 4, 2023 by rtushnet

Xuan-Thao Nguyen, Tech Bros, Social Media, and the End of IP Financing? Ideas are nothing without financing. Banks will not give loans secured by patents; banking law constraints. How was Silicon Valley Bank able to make loans to startups before … Continue reading →

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IPSC Breakout Session #4 Innovation/Copyright

Posted on August 4, 2023 by rtushnet

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? Costly inefficiencies in supply and demand.         Virtually no one thinks … Continue reading →

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IPSC Breakout Session #3: Distributive Effects/Art and Music

Posted on August 3, 2023 by rtushnet

Bita Amani, Some More Equal Than Others: Critical Contexts for the (False) Promises of Intellectual Property Rights        IP and sustainable development goals: What is equality itself? Often formal equality is presented in the pretext of equal application … Continue reading →

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IPSC Breakout Session #2: mostly copyright and then marijuana innovation

Posted on August 3, 2023 by rtushnet

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors … Continue reading →

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IPSC Breakout Session #1

Posted on August 3, 2023 by rtushnet

Too much to choose from; I prioritized things that were new to me. Mark Bartholomew, A Right to Be Left Dead If we can create new works in a dead author’s style after they’re gone and create conversations with them … Continue reading →

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IPSC Opening Plenary Session

Posted on August 3, 2023 by rtushnet

 Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Non expressive uses: … Continue reading →

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