Category Archives: Uncategorized

WIPIP SESSION 8.A. — IP Theory (partial)

Posted on February 22, 2021 by rtushnet

Ester van Zimmeren, University of Antwerp Exploring Trust Building Mechanisms for Specialized Intellectual Property Courts CJEU patent court hasn’t entered into force, but there are local and regional bodies. Question: will users trust a new court? Trust in the court … Continue reading →

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WIPIP SESSION 7.A. — Trademarks

Posted on February 20, 2021 by rtushnet

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

Posted on February 19, 2021 by rtushnet

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

Posted on February 18, 2021 by rtushnet

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

Posted on February 18, 2021 by rtushnet

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

Posted on February 17, 2021 by rtushnet
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WIPIP, SESSION 2.B. — Copyrights

Posted on February 12, 2021 by rtushnet

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

Posted on February 12, 2021 by rtushnet

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

Posted on February 3, 2021 by rtushnet

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

Posted on February 3, 2021 by rtushnet

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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