Tag Archives: design patent

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 →

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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 →

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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 →

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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 →

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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 →

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TMSR, part 3

Posted on April 15, 2019 by rtushnet

Session 3: Defining Marks in Trademark Law vs. Defining Subject Matter in Adjacent Areas of IP In formulating rules about defining marks in trademark law, what (if anything) can be learned from the longstanding debate about defining pictorial, graphic, and … Continue reading →

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WIPIP 2019, Plenary (designs)

Posted on February 12, 2019 by rtushnet

Whole Designs, Sarah Burstein What is a “design for a useful article”?  TLDR: it’s a whole article.  Egyptian Goddess said the infringement test has to be sameness of appearance. Must appear substantially the same to the ordinary observer. Worst design … Continue reading →

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“Next Up In Apple/Samsung Smartphone Wars: Design Patent Remedies Following The SCOTUS Decision”

Posted on September 13, 2017 by rtushnet

Panel at the National Press Club RT: Huge debt to Sarah Burstein’s work, the best and most scholarly work on the subject—says things that aren’t clearly on either “side” of the present dispute, but I find persuasive.  Her conclusion based … Continue reading →

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Shoes and surveys (picture post)

Posted on August 16, 2017 by rtushnet

Since apparently there was some question whether the shoes I asked about post-Star Athletica were really shoes, here is proof: Not much less functional than the average super-high heel Also, I randomly got selected for a trademark infringement survey on … Continue reading →

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Depressed sales and asserted loss of prestige aren’t irreparable harm

Posted on June 7, 2017 by rtushnet

Puma SE v. Forever 21, Inc., No. 17-cv-02523 (C.D. Cal. Jun. 2, 2017) H/T Sarah Burstein.  Puma sued Forever 21 for allegedly counterfeiting its Fenty line of shoes.  (Puma asserted copyright infringement and design patent infringement as well as trademark … Continue reading →

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