Tag Archives: part 2 conferences

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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TMSR, part 2

Session 2:  Defining Markets: Doctrinal Settings for Market Analysis in Trademark Law Trademark law clearly already undertakes market definition in the analysis of genericism and also for functionality. Are current approaches adequate? Are markets defined the same way, through the … Continue reading

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TM scholars’ roundtable, part 2

Session 1, Cont’d Mid-Point Discussants:                       Stacey Dogan: pre-20th c, very few cases of claims based on noncompeting goods, and even fewer with actual harm stories.  Can be characterized as chance or as the functions of the markets of the day, … 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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TM roundtable, part 2

Session 1, cont’d Mid-Point Discussants:  Mark Janis: The functionality doctrine is not good at doing the work we’re expecting it to do, both in trade dress and design patents.  Recurrent difficulties: tendency for decisionmakers to revert to de facto functionality … Continue reading

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Notre Dame Deception Roundtable, part 2

Session 2 – Privacy and Technology Discussion Leaders: Ryan Calo, Aaron Perzanowski, Woody Hartzog, Danielle Citron   Matwyshyn: attempts to create commonality/familiarity w/consumer—good feeling.  Can also be a part of having ads be artistic expression.   Ryan Calo: important role … Continue reading

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Trademark Law’s Fundamental Purposes, part 2

The role of justifications and equitable considerations in trademark law:  Stacey Dogan   Many of the early cases are limiting protection b/c of some interest they’re trying to protect on the other side—Borden is an exception.  Maybe a public right … Continue reading

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