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Tag Archives: copyright
My latest copyright acquisition
From Franklin Mint Corp. v. Nat’l Wildlife Art Exch., 575 F.2d 62 (3d Cir. 1978), the works in suit, Cardinals on Apple Blossom and The Cardinal: from Blogger http://tushnet.blogspot.com/2024/10/my-latest-copyright-acquisition.html
For-profit company can republish ASTM standards incorporated by reference into law
Am. Soc. for Testing & Materials v. UpCodes, Inc., No. 24-1895 (E.D. Pa. Oct. 2, 2024) ASTM, which produces technical standards, sued UpCodes for providing free online access to unauthorized copies of ten ASTM standards, all of which have been … Continue reading
Revisiting the Silvertop banana costume case
Silvertop v. Kangaroo (3d Cir. 2019) held that a banana costume was both copyrightable and infringed: In holding that the costume was protectable, the Third Circuit reasoned: Although a banana costume is likely to be yellow, it could be any … Continue reading
Copyright preemption in trade dress claims?
Scotts Company LLC v. SBM Life Science Corp., — F.Supp.3d —-, No. 2:23-cv-1541, 2024 WL 4217446 (S.D. Ohio Sept. 18, 2024) Scotts makes consumer lawn, garden, pesticide, and insecticide products, including under the “ORTHO” brand. Scotts alleged rights in its … Continue reading
IPSC Closing Plenary: Fair Use After Warhol
Christopher Buccafusco, Copyrighting Style There are plenty of precedents that say style isn’t ©able. Appropriating the “core” of a work is not infringing in the absence of substantial similarity.there are also cases suggesting ©ability of style: Steinberg, saying style is … Continue reading
IPSC Breakout 5 Comparative Approaches
Stefania Fusco (co-author Valerio Sterzi), Does the EU Need an EBay-Like Case? Evidence Against Granting Automatic Injunctions in Europe Patent paper; issues involving NPEs similar to trolling issues in US. If most infringement cases are between noncompetitors, automatic injunction is … Continue reading
IPSC Breakout 4 IP and Property/Contract Theory
Shyam Balganesh, The Eunomics of Intellectual Property Lon Fuller’s institutional design theory: understand institutional design as a way of understanding institutions on the understanding that they’re not infinitely mutable. One shouldn’t begin with an unilateral approach on their ends. Ordinary … Continue reading
IPSC session 2 copyright/trademark
Copyrightable Subject Matter Kevin Collins, Copyright in Suburbia (Collins is a registered architect as well as a law prof) The stakes: whether © is “working” in suburbia matters in ways that might not be self-evident. Snack box approach: scattered observations … Continue reading
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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Rebecca Tushnet 