Tag Archives: design patent

WIPIP Panel 6: Design and Brand; Protectable Subject Matter; Copyright Theory and Doctrine II

Posted on February 28, 2026 by rtushnet

A Pantone Prerogative: Defining the Privilege to Standardize Color (Felicia Caponigri) Color standards have been around for a long time. Pantone developed standards and uses its system to promote the colors; registration for the matching system and the color chip. … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , , | Leave a comment

when weak TM claims do better than seemingly strong false advertising claims

Posted on October 28, 2024 by rtushnet

Sanho Corp. v. Kaijet Technol. Int’l, 2024 WL 4553279, — F.Supp.3d —-, No. 1:18-cv-05385-SDG (N.D. Ga. May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

WIPIP session 7: Design Law

Posted on February 4, 2024 by rtushnet

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

Amazon escapes liability for its Brand Registry advertising

Posted on October 9, 2023 by rtushnet

Deetsch v. Lei, 2023 WL 6373073, No. 22-cv-1166-RSH-BLM (S.D. Cal. Jul. 21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Design Law Scholars Roundtable part 3

Posted on December 5, 2019 by rtushnet

Session 3: Shaping an Overall Approach to Protection Introductions: Jerry Reichman and Estelle Derclaye  In what ways should different forms of protection be tailored to various types of subject matter (construed legally as forms of intellectual property, but also subject … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Design Law Scholars Roundtable part 2

Posted on December 5, 2019 by rtushnet

Session 2: Legal Protection for Design Introduction: Chris Sprigman: what kinds of protection should be available depends on what the justifications for protection are. Incentives: requires us to ask about motivations of designers, the companies that employ them. Design of … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Design Law Scholars Roundtable (Notre Dame) part 1

Posted on December 5, 2019 by rtushnet

I have just now gotten around to my notes from this excellent roundtable. Introduction: Mark McKenna & Graeme Dinwoodie Why do a roundtable like this? Putting together scholarly discussion for long-term outputs rather than particular works in the short term. … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

A Celebration of the Work of Wendy Gordon, part 2

Posted on June 14, 2019 by rtushnet

Harmless Free Riding by Wendy Gordon, Boston University School of Law  (Additional related drafts from Wendy: Time and Intellectual Property After Coaseand Proximate Cause in the Law of Copyright: Linking Liability to Incentives) Common law imposes penalties on those who harm much more readily than … Continue reading →

Posted in Uncategorized | Tagged , , , , , | Leave a comment

Legal Applications of Marketing Theory, part 3

Posted on May 3, 2019 by rtushnet

Lorin Hitt, Vildan Altuglu, Samid Hussain, & Matteo Li Bergolis, Wharton & Cornerstone Research, Cornerstone Research, Cornerstone Research, Valuation of Privacy: Assessing Potential Harm from Unauthorized Access and Misuse of Private Information in Consumer Class Actions: Disputes over use of … Continue reading →

Posted in Uncategorized | Tagged , , , , , | Leave a comment