Tag Archives: design patent

IP Professors’ Amicus in Star Athletica v. Varsity Brands

Posted on July 22, 2016 by rtushnet

Filed today: Mark McKenna, Chris Sprigman, Mark Lemley, Tyler Ochoa, Betsy Rosenblatt, Pam Samuelson, Kathy Strandburg, and I submitted a brief in this copyright separability case, arguing that conceptual separability is simply a coda to physical separability, dealing with situations … Continue reading →

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TM roundtable, part 4

Posted on June 9, 2016 by rtushnet

From last time: RT: I was thinking as Silbey was talking that you’re convincing me that TM should be a particular kind of anticopying regime (though, as w/patent, knowledge need not be required, at least for double identity).  And that … Continue reading →

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WIPIP Session 4: Design

Posted on February 20, 2016 by rtushnet

Session 4: IP, Design, User Experience   Sarah Burstein, Reviving Ornamentality: Fed. Cir. killed ornamentality in design; right now it means nothing other than Morton-Norwich nonfunctionality. She thinks we should bring it back.  Two aspects: (1) “matter of concern” in … Continue reading →

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Amicus in Samsung cert petition

Posted on January 19, 2016 by rtushnet

I also signed on to an amicus supporting Samsung’s petition for cert, both on the damages and the infringement/functionality standard.  This Recode story marks the first time I can recall being asked if I had a financial interest, though it … Continue reading →

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IPSC: Other IP

Posted on August 6, 2015 by rtushnet

Other IP  [Insert wry commentary about “fringe” fields like advertising law]   Sarah Burstein, The University of Oklahoma College of Law Reviving Ornamentality    Fed. Cir. killed the doctrine.  Statute says new, original, and ornamental designs can get a design … Continue reading →

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