Tag Archives: part 3 conferences

A Celebration of the Work of Wendy Gordon, part 3

Posted on June 14, 2019 by rtushnet

Death in Copyright: Remarks on Duration by Abraham Drassinower, University of Toronto Faculty of Law What would a rights based account of duration look like?  Really about death, not duration. Patents have a fixed term; trademark registrations also persist for a specific amount … Continue reading →

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Legal Applications of Marketing Theory, part 3

Posted on May 3, 2019 by rtushnet

Lorin Hitt, Vildan Altuglu, Samid Hussain, & Matteo Li Bergolis, Wharton & Cornerstone Research, Cornerstone Research, Cornerstone Research, Valuation of Privacy: Assessing Potential Harm from Unauthorized Access and Misuse of Private Information in Consumer Class Actions: Disputes over use of … Continue reading →

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TMSR, part 3

Posted on April 15, 2019 by rtushnet

Session 3: Defining Marks in Trademark Law vs. Defining Subject Matter in Adjacent Areas of IP In formulating rules about defining marks in trademark law, what (if anything) can be learned from the longstanding debate about defining pictorial, graphic, and … Continue reading →

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TM Scholars’ roundtable, part 3

Posted on April 13, 2018 by rtushnet

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

Posted on March 31, 2017 by rtushnet

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

Posted on February 10, 2017 by rtushnet

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

Posted on June 9, 2016 by rtushnet

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

Posted on May 20, 2016 by rtushnet

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

Posted on November 20, 2015 by rtushnet

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

Posted on July 22, 2015 by rtushnet

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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