Tag Archives: Notice and Notice Failure at BU

Notice and Notice Failure at BU, panel 8

Posted on September 26, 2015 by rtushnet

Robert Bone – Notice Failure and Defenses in Trademark Law   Bone’s basic argument: Principal notice issue in TM is uncertainty about scope, and principal problem is chilling effects. Bone finds an important distinction between unauthorized uses that implicate rights … Continue reading →

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Notice and Notice Failure at BU, panel 7

Posted on September 26, 2015 by rtushnet

Mark Lemley – Ready for Patenting   Patent’s problematic approach to what we want to encourage when we grant a patent. Long struggle with what you are giving us is simply an idea/conception or an actual thing/reduction to practice.  Various … Continue reading →

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Notice and Notice Failure at BU, panel 6

Posted on September 26, 2015 by rtushnet

Margaret Jane Radin – Patent Notice and the Trouble with Plain Meaning   Notice is a cost and a cost-saver; hard to figure out its overall profile.  Plain meaning as ever-receding ideal.   Philips v. AWH (Fed. Cir. 2005); Festo … Continue reading →

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Notice and Notice Failure at BU, panel 5

Posted on September 26, 2015 by rtushnet

Lydia Loren – Fixation as Notice in Copyright Law   3 different roles: (1) protectability; (2) infringement—reproduction etc. require fixation; (3) preemption—no preemption for unfixed works.  What kind of a notice function might fixation play in each area?   Statutory … Continue reading →

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Notice and Notice Failure at BU, Panel 4

Posted on September 25, 2015 by rtushnet

Orly Lobel – Enforceability TBD: From Status to Contract in IP and Human Capital Law   Noncompete agreements: used to blur lines of IP regimes, make it harder to tell what is owned/ownable.  Trade secret lawsuits are used in anticompetitive … Continue reading →

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Notice and Notice Failure at BU, panel 3

Posted on September 25, 2015 by rtushnet

Pamela Samuelson – Notice Failures Arising from Copyright Duration Rules   Agrees w/ other expressions of concern about notice failures in copyright—here she focuses on notice failures related to the long duration of copyrights.  More information about work’s © status … Continue reading →

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