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Tag Archives: conferences
IPSC: IP in the Aftermath of the Supreme Court and some TM
Mark Bartholomew, Publicity Rights After Warhol Risk that courts will apply Warhol to ROP cases, but transformativeness is the only element in the ROP defense as defined by the California SCt rather than a multifactor fair use test. This could … Continue reading
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Tagged conferences, copyright, right of publicity, trademark
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IPSC Opening Plenary Session
IP Outside the (Doctrinal) Box Andrew Gilden: Love & Hate in IP IP’s struggles with joy, pleasure, and fun—happens with sex, but also with enjoyment. Courts are pretty openly hostile to statements by Ds that they enjoyed engaging in the … Continue reading
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Tagged conferences, consumer protection, copyright, first amendment, right of publicity, trademark
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TMSR Session 3: Private Actors…and their Machines
Introduction: Jeanne Fromer Private actors pursue their own interests. Focused on Amazon: free riding on gov’t mechanisms, particularly TM law, to communicate to gov’t not to regulate it—product liability, intermediary liability. It’s also cheaper, and Amazon is notoriously cheap. Affecting … Continue reading
TMSR Session 2: Administrative Agencies and Specialized Courts
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
15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)
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
Cardozo A&ELJ symposium, Trademark
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
Cardozo A&ELJ symposium: Amy Adler Keynote and Warhol panel
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
WIPIP session 7: Design Law
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
WIPIP session 6: IP Theory
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
WIPIP session 5: Anti-Circumvention
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
Rebecca Tushnet 