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Recent Posts
- False endorsement claim can proceed against gov’t issued license plates and gov’t facility named for Roberto Clemente
- Non-TM owner can use 43(a) to challenge confusing use
- 11th Circuit affirms defense TM verdict; evidence of confusion is not evidence of harm for disgorgement
- CFP: Yale/Harvard/Stanford Junior Faculty Forum, May 21-22
- court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?
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Tag Archives: conferences
WIPIP Session 1: AI
Nikola Datzov, Can AI Keep a (Trade) Secret? We’ve funneled IP protection for AI generated inventions/information to trade secrecy w/o patent or copyright for human authors/inventors. But it’s narrow protection b/c there are no choices. How can we trust AI … Continue reading
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Tagged conferences, copyright, right of publicity, trade secrets
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Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases
PLI Media Law conference RT: There’s been a rapid and somewhat disorienting shift from a seemingly ever-growing First Amendment freedom of speech to a seeming indifference to speech and press based claims (as contrasted to religious freedom claims) in many … Continue reading
What’s next after Elster?
UNH symposium: Section Two Small Panel III – What’s Next? Moderated by Peter Karol, UNH Franklin Pierce School of Law RT: Organized my remarks in response to the oral arguments in Elster, hopefully not too repetitive. Strong job by gov’t … Continue reading
Panels on Exploring the New Constitutional Limits on Trademark Law
FRIDAY, NOV 3 2023 8:45AM – 3:30PM More info ADVANCED REGISTRATION REQUIRED ATTEND AT THE UNIVERSITY OF NEW HAMPSHIRE FRANKLIN PIERCE SCHOOL OF LAW OR BY ZOOM. Full program. from Blogger http://tushnet.blogspot.com/2023/10/panels-on-exploring-new-constitutional.html
IPSC Closing Plenary Session
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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Tagged conferences, copyright, patent, trade secrets, trademark
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IPSC Breakout Session #5 Platforms & Interfaces/IP Enforcement
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
IPSC Breakout Session #4 Innovation/Copyright
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
IPSC Breakout Session #3: Distributive Effects/Art and Music
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
IPSC Breakout Session #2: mostly copyright and then marijuana innovation
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
IPSC Breakout Session #1
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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Tagged conferences, copyright, right of publicity, trademark
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