Tag Archives: design patent

Notre Dame Scope Roundtable, part 4

Chris Buccafusco & Mark Lemley, Screening Functionality Commentators: Abraham Drassinower and Jim Gibson Gibson: regime shopping is even more troublesome than scope problems in one regime. Design patents seem to exist purely for regime shopping; everyone wants a patent right … Continue reading

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Notre Dame Scope Roundtable, part 2

Jeanne Fromer & Mark McKenna, Claiming Design Commentators: Sarah Burstein and Rebecca Tushnet RT: Great paper exploring the ways that different claiming regimes contribute to producers’ ability to maximize rights by claiming under multiple overlapping regimes, copyright, design patent, and … Continue reading

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WIPIP, part 4

Mark McKenna & Jessica Silbey, Investigating Design: An Empirical Study of Industrial Design and IP Protection Interviews & institutional analysis. Hypothesis generating—anti-copying/copying practices, etc. Buccafusco: consider who’s in the sample—don’t limit to self-identified designers. Following career trajectories of design school … Continue reading

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Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading

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Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading

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GW Design Law: Ecommerce remedies

AFTERNOON SESSION 1: Design Patents & Ecommerce Moderator: Judy Yee, Microsoft Howard Hogan, Gibson, Dunn & Crutcher: Counterfeiting is a growing problem, but sometimes they don’t use a copyrighted work of authorship but are still selling a knockoff of a … Continue reading

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GW Design Law conference: current state of the law

Morning Session 2: The Current State of the Law Under 35 U.S.C. § 102, 103 and 112 Moderator: Daniel Gajewski, Sterne, Kessler, Goldstein & Fox: Issues include continuation practice; maybe new rules coming.  Skechers sought invalidation of a Nike patent, … Continue reading

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Design Law at GW Law: Design Patent Damages

Design Law 2016, GW Law MORNING SESSION 1: Design Patent Damages Moderator: Robert Katz, Banner & Witcoff: Recap of the patents in suit and damage award. Text of 289: whoever applies the patented design or colorable imitation thereof to any … Continue reading

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Stanford Sociology & Psychology of IP, branding

Session 4: The sociology and psychology of brands Discussion leaders: Jeanne Fromer: A lot of work in this area. Some is about how consumers react to branding in systematic ways.  Rule of thumb in talking to branding folks: if you … Continue reading

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Sociology and Psychology of IP, Session 3: What can we learn from IP-free zones?

Discussion leaders: Kate Darling: attribution as something that people want rather than money in “negative spaces.” They know they can monetize their reputations.  Systems of self-governance often differ from those of formal law.  Attribution preference is not just about fairness/ego. … Continue reading

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