Tag Archives: copyright

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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CFP: Yale/Harvard/Stanford Junior Faculty Forum, May 21-22

Posted on January 16, 2026 by rtushnet

 Please share widely!  Request for Submissions Harvard/Stanford/Yale Junior Faculty Forum May 21-22, Yale Law School  Harvard, Stanford, and Yale Law Schools are soliciting submissions for the 2026 Harvard/Stanford/Yale Junior Faculty Forum, to be held at Yale Law School on May … Continue reading →

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Dueling geneologists: photo (c) claims allowed, but not Lanham Act or factual compilation claims

Posted on January 8, 2026 by rtushnet

Hein v. Mai, 2026 WL 44798, No. 24-01126-JWB (D. Kan. Jan. 7, 2026) Some interesting stuff going on in the genealogy world! The Volga German people are individuals of German origin who moved to the Volga region of Russia in … 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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A couple of Third Circuit amicus briefs (AI training and false advertising harm)

Posted on October 3, 2025 by rtushnet

Thomson Reuters v. Ross, arguing that training is fair use. With Edward Lee of Santa Clara Law, Matthew Sag of Emory University, Pamela Samuelson of UC Berkeley School of Law, Christopher John Sprigman of New York University School of Law. And an … Continue reading →

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sending DMCA notices about uncopyrightable work might be willful blindness, or not

Posted on September 17, 2025 by rtushnet

Leszczynski v. Kitchen Cube LLC, 2025 WL 2551098, No. 8:23-cv-01698-MEMF-ADS (C.D. Cal. Apr. 4, 2025) Previous discussion. I find this case interesting because of the underlying gadget, the Kitchen Cube, which has depressions on different sides corresponding to different standard … Continue reading →

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keyword ad claim fails out of the gate, but bad (c) claim not yet challenged

Posted on September 2, 2025 by rtushnet

Regalo Int’l LLC v. Aborder Prods. Inc, 2025 WL 2483167, No. 3:24-CV-03270-E (N.D. Tex. Aug. 28, 2025) Eric Goldman on the keyword ad aspects of this case about pet and baby gates. Regalo alleged that Aborder sold “knock-offs of Plaintiffs’ … Continue reading →

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graphic designer’s photos and hashtag using former client’s name didn’t infringe TM

Posted on August 21, 2025 by rtushnet

Hilber v. Malley’s Candies, Inc., 2025 WL 2402329, No. 1:22-CV-02305 (N.D. Ohio Aug. 19, 2025) Advertising is often created by independent contractors, which has copyright risks when things go sour. Here, the court denies summary judgment on the defendant’s implied … Continue reading →

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