Tag Archives: copyright

IPSC Closing Plenary: Fair Use After Warhol

Posted on August 9, 2024 by rtushnet

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 →

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IPSC Breakout 5 Comparative Approaches

Posted on August 9, 2024 by rtushnet

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 →

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IPSC Breakout 4 IP and Property/Contract Theory

Posted on August 9, 2024 by rtushnet

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 →

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IPSC session 2 copyright/trademark

Posted on August 8, 2024 by rtushnet

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 →

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IPSC: IP in the Aftermath of the Supreme Court and some TM

Posted on August 8, 2024 by rtushnet

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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IPSC Opening Plenary Session

Posted on August 8, 2024 by rtushnet

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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No copyright over simple colors and shapes used to annotate X-rays

Posted on July 25, 2024 by rtushnet

Overjet, Inc. v. VideaHealth, Inc., 2024 WL 3480212, No. 24-cv-10446-ADB (D. Mass. Jul. 19, 2024) The court denied Overjet’s request for a preliminary injunction on copyright and false advertising claims, concluding that Overjet’s selection of colors and shapes for annotating … Continue reading →

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Slow fashion: checkerboard design plausibly infringes another checkerboard design

Posted on July 3, 2024 by rtushnet

Hian v. Louis Vuitton USA Inc, 2024 WL 3237591, No. 22-3742 (E.D. Pa. Jun. 28, 2024) The court tosses out most of an independent fashion designer’s claims against LVMH, while preserving one copyright infringement claim based on a distorted checkerboard … Continue reading →

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Tiktok’s other, smaller legal problem

Posted on April 29, 2024 by rtushnet

Beijing Meishe Network Technology Co. v. Tiktok Inc., 2024 WL 1772833, No. 23-cv-06012-SI (N.D. Cal. Apr. 23, 2024) Skipping the copyright and trade secrets part of the case. (In brief: Meishe argued that Tiktok copied its code via an employee … Continue reading →

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Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim

Posted on April 29, 2024 by rtushnet

Leszczynski v. Kitchen Cube LLC, 2024 WL 1829620, No. 8-23-cv-01698-MEMF-ADS (C.D. Cal. Apr. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on … Continue reading →

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