Tag Archives: part 2 conferences

A Celebration of the Work of Wendy Gordon, part 2

Posted on June 14, 2019 by rtushnet

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 →

Posted in Uncategorized | Tagged , , , , , | Leave a comment

TMSR, part 2

Posted on April 13, 2019 by rtushnet

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

TM scholars’ roundtable, part 2

Posted on April 13, 2018 by rtushnet

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

Notre Dame Scope Roundtable, part 2

Posted on March 31, 2017 by rtushnet

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 →

Posted in Uncategorized | Tagged , , , , | Leave a comment

TM roundtable, part 2

Posted on June 9, 2016 by rtushnet

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

Notre Dame Deception Roundtable, part 2

Posted on May 20, 2016 by rtushnet

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 →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Trademark Law’s Fundamental Purposes, part 2

Posted on November 20, 2015 by rtushnet

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

ISHTIP at Penn, part 2

Posted on July 22, 2015 by rtushnet

Early Career, Panel 2 | Fiona Macmillan (Birkbeck, University of London), Moderator   Monica Huerta (Duke University) | Some Singularities, Like the Human Face   Famous Sarony photo of Oscar Wilde: signature at bottom is photographer’s.  Problem of photographic copyright, … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment