Tag Archives: design patent

Design Law Scholars Roundtable part 3

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

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

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

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

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

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)

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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