Tag Archives: conferences

Sixteenth Trademark Scholars’ Roundtable Session 3 continued

Posted on May 3, 2025 by rtushnet

Midpoint discussant: Laura Heymann Is the goal consistency? Is the goal limiting principles that can end a case early? Is use the right tool? Is it a proxy? To what extent should we accept the rest of the landscape as … Continue reading →

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Sixteenth Trademark Scholars’ Roundtable Session 3: What is the Significance of Trademark Use 2.0?

Posted on May 2, 2025 by rtushnet

Introduction: Mark Lemley: What VIP actually says: Rogers test insulates from liability when use is only non-source identifying. Cardinal sin is to undermine source-indicating functioning: LV modification of mark in suitcase market implicates the core concerns of TM law. That … Continue reading →

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Sixteenth Trademark Scholars’ Roundtable Session 2: part 2

Posted on May 2, 2025 by rtushnet

Mid-point discussants:  Rebecca Tushnet Continuing the theme of offering a series of observations: Picking up on the relevance of 33(b)/referential use. First, for textualists, it may be true that 33(b) indicates that there is no general use as a mark … Continue reading →

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Sixteenth Trademark Scholars’ Roundtable Session 2: Trademark Use as an Element of Infringement Analysis

Posted on May 2, 2025 by rtushnet

Mike Grynberg: SCt opinions since 2008. Courts don’t care about TM law; every now & then a judge does, but keeping the general rule in mind is useful—can’t expect dcts in particular to be able to sit back and explore all … Continue reading →

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Sixteenth Trademark Scholars’ Roundtable Trademark Use 2.0 part 1

Posted on May 2, 2025 by rtushnet

University of Minnesota Law School, May 2-3, 2025 Graeme Dinwoodie Why revisit use? (Reading list for 2008 roundtable; session 1, session 2, session 2 part 2, session 3.) Creates methodological questions that are useful/worthy of exploring. 20 years may have … Continue reading →

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The Battle for Our Attention: Empirical, Philosophical and Legal Questions: Northeastern University School of Law

Posted on April 11, 2025 by rtushnet

 Panel 3 – Media and Communication Systems for Attention Capture  This panel will address how different fields, from media studies to economics, think about attention, how it is captured and valued. Do different types of media (political news, advertisements, sexual … Continue reading →

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WIPIP: Copyright: Incentives and the Digital Age

Posted on February 1, 2025 by rtushnet

Tang, Creative Labor in the Age of Platform Capitalism Theories of expressive work and creativity: lead to idea that AI training itself is not a © problem b/c it doesn’t use work expressively. Past idea: digital creativity enhances autonomy by … Continue reading →

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WIPIP: Innovation policy

Posted on February 1, 2025 by rtushnet

Michael Burstein, The Law of the Direction of Innovation Foundational texts: NBER Rate and Direction of Inventive Activity, and revisited. But we need to ask: what innovation should we prioritize? What innovation, by whom, and for whom? These are contestable … Continue reading →

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WIPIP: Copyright: Infringement & Enforcement

Posted on February 1, 2025 by rtushnet

McFarlin, Restoring Joint Authorship We apply a separate accrual approach to © infringement: Petrella. But a one-time plain & express repudiation of joint authorship to a claim for accounting, Zuill, 9th Circuit. Should we continue to do so? Chuck Berry … Continue reading →

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WIPIP: IP for the Larger World

Posted on January 31, 2025 by rtushnet

Koo, De-Colonising Copyright Law Is fair use even possible outside the US? If we want to export fair use, what is it we actually want to export? Many US academics many not think it’s the greatest idea—if we had a … Continue reading →

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