Tag Archives: conferences

WIPIP, BU Panel 1: Trademark Theory and Practice

Posted on February 27, 2026 by rtushnet

Trademarks, Functionality, and Competition (Glynn Lunney)          Came in late; 3d Circuit is not a good circuit for trade dress (11.8% success for claimants, almost always on functionality (71% of wins)). 5th Circuit at the other end—50% … Continue reading →

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Santa Clara IP Conference: Where Do We Go From Here?

Posted on January 31, 2026 by rtushnet

Moderator: Edward Lee, Santa Clara Law BJ Ard (copyright), University of Wisconsin Law School © is often displaced by contract and other regimes in sectors—scaling it up or down would produce minimal impact. Consumer copying for example is often solved … Continue reading →

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Santa Clara IP conference: How It’s Going: What Went Wrong?

Posted on January 30, 2026 by rtushnet

Moderator: Zahr Said, Santa Clara Law Mark Lemley (patent), Stanford Law School After 40 years of radical change, things settled down for normalcy in the last 10 years until Trump. 1980-2017: we grant 350,000 a year up from 50,000; now … Continue reading →

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Santa Clara School of Law: Intellectual Property Conference: How It Started, How It’s Going: What Went Right?

Posted on January 30, 2026 by rtushnet

Moderator: Brian Love, Santa Clara Law Jeanne Fromer (trademark), New York University Law School Search and examination on relative grounds (Europe doesn’t do that)—has critiques but generally doing a decent job. Ironic b/c we think of US as “free market” … Continue reading →

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Conspicuous Consumers, NYU Engelberg Center

Posted on October 17, 2025 by rtushnet

Welcome and Keynote: Nancy Mahon, SVP, Global Corporate Citizenship & Sustainability, The Estée Lauder Companies Interesting talk; I learned that UK consumers respond well to claims that a product decreases the company’s carbon footprint, but US consumers aren’t interested in … Continue reading →

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IPSC: Closing plenary: DOGE; the First Amendment (me!); and the 50th anniversary of the Copyright Act

Posted on August 8, 2025 by rtushnet

David Schwartz (Northwestern Pritzker School of Law), Christopher Cotropia (The George Washington University Law School), DOGE Days at the USPTO? Evidence from a Natural Experiment in Administrative Reform PTO provides some employees w/union protections and others not. As soon as … Continue reading →

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IPSC: Comparative & International IP

Posted on August 8, 2025 by rtushnet

Karen Sandrik, Marquette University Law School, Cultural Legacies and Innovation Barriers: Comparative Lessons from Post–Soviet Research Institutions for American Innovation Policy Slovakia: Comenius U press release about first official patent sold/assigned by a Slovak university. They spent a year negotiating … Continue reading →

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IPSC: Copyright Enforcement

Posted on August 8, 2025 by rtushnet

Thomas H. Rousse, Northwestern Pritzker School of Law, Open Licensing, Hidden Costs: Survey Experiment Insights On Creative Commons and Copyright Infringement Pragmatist; experience as journalist with taking a photo, licensing it via CC, and seeing it widely reused without credit … Continue reading →

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IPSC: Trademarks in Society

Posted on August 8, 2025 by rtushnet

Jonathan Masur, University of Chicago Law School, Measuring the Value of Trademark Distinctiveness: Evidence from the Market for Bordeaux Wines Branding is important; confusion is the core justification for TM to allow consumers to get what they want and firms … Continue reading →

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IPSC: Copyright Fair Use and User Rights/Trademark IV

Posted on August 8, 2025 by rtushnet

Copyright Fair Use and User Rights Stav Zeitouni, UC Berkeley School of Law, A Theory of Noncommerciality in Fair Use Lots of incoherent concepts—Hachette v. Internet Archive is example where dct used “failed to pay the customary price,” but ct … Continue reading →

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