Tag Archives: copyright

WIPIP session 3: Cultural Production

Posted on February 3, 2024 by rtushnet

Bita Amani: Forbidden Arts & Subjugated Knowledges: On the Polemics of Intellectual Property  IP rights are state-dependent, property-dependent models so make false promises of equality. History of art as propaganda: art can support war or speak truth to power. Iran … Continue reading →

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WIPIP session 2: ™ Doctrine, © Fair Use

Posted on February 2, 2024 by rtushnet

Barbara Lauriat, Borrowing Goodwill Comparative/historical approach to doctrine/theory. There used to be a big difference between having a TM and passing off. Bone/McKenna’s history of goodwill: didn’t reflect her understanding of the history: seen goodwill used as a property right … Continue reading →

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WIPIP Session 1: AI

Posted on February 2, 2024 by rtushnet

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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new article w/Mark Lemley: First Amendment Neglect in SCOTUS IP Cases

Posted on January 16, 2024 by rtushnet

First Amendment Neglect in Supreme Court Intellectual Property Cases Mark A. Lemley & Rebecca Tushnet (forthcoming, Supreme Court Review) Abstract The Supreme Court decided two cases of central importance to free speech during the 2022 term – in both cases … Continue reading →

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Using dominant competitor’s part names/numbers for comparison isn’t false advertising, TM infringement, or (c) infringement

Posted on December 18, 2023 by rtushnet

There really should be a fee shift when a competitor harasses another competitor for daring to make comparisons of part numbers, but we don’t seem to live in that world.  Simpson Strong-Tie Co. v. Mitek Inc., 2023 WL 8697700, No. … Continue reading →

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Of Bass Notes and Base Rates: Avoiding Mistaken Inferences about Copying

Posted on December 14, 2023 by rtushnet

 New article with Chris Buccafusco: Houston Law Review, Vol. 61, 2023 Abstract To prove copyright infringement, a plaintiff must convince a jury that the defendant copied from the plaintiff’s work rather than independently creating it. To prove copying, especially cases … Continue reading →

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using testimonials post-relationship failure can be a ROP problem

Posted on December 7, 2023 by rtushnet

McCandless Group, LLC v. COY Collective, Inc., No. LA CV 21-02069-DOC-KES, 2023 WL 8351525 (C.D. Cal. Oct. 23, 2023) The individual defendants co-founded COY in 2019 to provide creator clients with a platform to offer subscription services. COY hired MG … Continue reading →

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court finds that transferring title to mural also transferred (c); VARA and CMI claims against ad also fail

Posted on December 6, 2023 by rtushnet

Williams v. Hy-Vee, Inc., — F.Supp.3d —-, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D. Iowa Mar. 15, 2023) Williams, a professional artist, was commissioned to paint an abstract mural on the wall of a building located in Des Moines, Iowa.  The … Continue reading →

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too much complaining about copying triggers Dastar/preemption for other claims

Posted on November 27, 2023 by rtushnet

Design Gaps, Inc. v. Hall, 2023 WL 8103156, No. 3:23-cv-186-MOC (W.D.N.C. Nov. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for … Continue reading →

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Holly Herndon and AI in the New Yorker

Posted on November 17, 2023 by rtushnet

 Article here. I’m quoted. from Blogger http://tushnet.blogspot.com/2023/11/holly-herndon-and-ai-in-new-yorker.html

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