Tag Archives: conferences

TMSR Session 2: Administrative Agencies and Specialized Courts

Posted on February 24, 2024 by rtushnet

Introduction: Robert Burrell IP Australia exerts extraordinary control over legislative agenda; if you can persuade IP Au. that something needs to change, then it can change quite quickly. But the flipside is that it’s seen in light of what the … Continue reading →

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15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)

Posted on February 23, 2024 by rtushnet

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law.  [see also Booking: … Continue reading →

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Cardozo A&ELJ symposium, Trademark

Posted on February 16, 2024 by rtushnet

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. While I have many questions … Continue reading →

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Cardozo A&ELJ symposium: Amy Adler Keynote and Warhol panel

Posted on February 16, 2024 by rtushnet

Keynote Address, Amy Adler, (How) Should Courts Interpret the Meaning of Art? Warhol was confused/confusing; lower courts are all over the place in response. Ushered in sea change in terms of how it was used in art cases. For years, … Continue reading →

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WIPIP session 7: Design Law

Posted on February 4, 2024 by rtushnet

Rachael Dickson, Administrative Discrimination? At the Trademark Office [I feel like there’s a Panic! At the Disco joke to be made here.] ID manual: a searchable database of acceptable IDs of goods/services, regularly updated and changed to adapt; you can … Continue reading →

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WIPIP session 6: IP Theory

Posted on February 3, 2024 by rtushnet

Andrew Gilden, Talking Pleasure in IP Courts and advocates are skeptical of value of pleasure; when they want to honor it, they reframe it as something else, like social justice. Joy of producing/consuming can be important motivation for activities, though, … Continue reading →

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WIPIP session 5: Anti-Circumvention

Posted on February 3, 2024 by rtushnet

Charles Duan, Property v. Property 1201 met connected devices—computers are everywhere. Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, … Continue reading →

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WIPIP session 4: ™ & Consumers

Posted on February 3, 2024 by rtushnet

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? Assumption dates back to at least the 1930s that consumers exercise less care for inexpensive grocery items and … Continue reading →

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WIPIP session 3: Cultural Production

Posted on February 3, 2024 by rtushnet

Bita Amani: Forbidden Arts & Subjugated Knowledges: On the Polemics of Intellectual Property  IP rights are state-dependent, property-dependent models so make false promises of equality. History of art as propaganda: art can support war or speak truth to power. Iran … Continue reading →

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WIPIP session 2: ™ Doctrine, © Fair Use

Posted on February 2, 2024 by rtushnet

Barbara Lauriat, Borrowing Goodwill Comparative/historical approach to doctrine/theory. There used to be a big difference between having a TM and passing off. Bone/McKenna’s history of goodwill: didn’t reflect her understanding of the history: seen goodwill used as a property right … Continue reading →

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