Tag Archives: part 3 conferences

TM Scholars’ roundtable, part 3

Session 2:  The Policy and Doctrine of Unfair Competition Claims Introduction:  Jake Linford: Hoping for a sharper line b/t UC and TM, much as we have a relatively sharp statutory line b/t TM infringement and dilution to the extent we … Continue reading

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Notre Dame Scope Roundtable, part 3

Pam Samuelson, Functional Compilations Commentators: Zahr Said and Steve Yelderman Said: Framing questions: what is functionality? Does it differ in compilations v. other things?  Is it the same as the useful articles doctrine?  How do owners/litigants determine and assess functionality? … Continue reading

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WIPIP, part 3

Carys J. Craig, Relying on (User) Rights-Talk: On Copyright Limits and Rhetorical Risks Many ways to limit ©; here focusing on defenses/exceptions, the ideal type of which is fair use. If our goal is to constrain ©, what should we … Continue reading

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TM roundtable, part 3

Session 2:  The Menu of Options for Design Protection:  Where Does/Should Trademark and Unfair Competition Law Fit? This session will consider product-design trade dress protection in relation to other legal regimes that encompass design (design patents, copyright, and sui generis … Continue reading

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Notre Dame Deception Roundtable, part 3

Session 3 – Defamation and Speech Discussion Leaders: Amy Gajda, Rebecca Tushnet, Eric Goldman, Jessica Silbey   Silbey: Alvarez and a theory of deception as speech. The three opinions are helpfully, though perhaps erroneously, talking about bad speech in three … Continue reading

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Trademark Law’s Fundamental Purposes, part 3

Purposes and limits (or not) in modern trademark law:  Wendy Gordon, Rebecca Tushnet   RT: Stacey Dogan’s statement that as a practical matter we need justifications for copying/free riding—I didn’t want to believe it, but I’m coming around to that … Continue reading

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ISHTIP at Penn, part 3

Session 1 | Ellen Goodman (Rutgers), Moderator   Access and Development: The History of ‘Development’ and WIPO Sara Bannerman (McMaster University) Commentator | Christopher S. Yoo (University of Pennsylvania) (Yoo presenting Bannerman’s paper, followed by responses from Bannerman)   First, … Continue reading

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