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Recent Posts
- court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?
- Temu’s “cheaper and way better quality than Shein” claims were potentially falsifiable, not puffery
- Dueling geneologists: photo (c) claims allowed, but not Lanham Act or factual compilation claims
- false advertising’s injury requirement causes reverse passing off claim to fail
- laches, once established, bars Lanham Act claims even during more recent periods
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Tag Archives: presentations
Trademark overprotection panel, Suffolk
Second Annual Intellectual Property & Innovation Conference Suffolk University Law School NCSG The State of Trademark “Overprotection” by Courts and the PTO. What Happens When Institutions Overprotect Trademark Rights? Moderator: Leah Chan Grinvald, Associate Dean for Academic Affairs and Professor … Continue reading
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Tagged presentations, Suffolk conferences, trademark, Trademark overprotection panel
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CopyrightX: UGC panel
Panel One: User-generated Content, Digital Labor, and Collaborative Authorship Moderator: Bethany Rabe Rebecca Tushnet: Fanworks, Fair Use, and Self-Actualization Through Transformative Expression Title assigned a few months ago is a little misleading because I actually wanted to take the opportunity … Continue reading
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Tagged copyright, CopyrightX: UGC panel conferences, dastar, fanworks, moral rights, presentations
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Legal Applications of Marketing Theory, part 5 (me on puffery)
Rebecca Tushnet, Harvard Law School, On Puffery Puffery is a concept that purports to be about things consumers ignore and don’t rely on. It is in fact a concept about things courts ignore and won’t rule on. At the moment, … Continue reading
ICANN and the New Top-Level Domains part 1
American University Washington College of Law YouTube link Welcome, Christine Haight Farley, American University Washington College of Law We are in the midst of an historic expansion of internet domain names with more than 1200 new generic top-level domains (“gTLDs”) … Continue reading
Right of Publicity panel, Abrams Institute for Freedom of Expression
From Yale Law School’s Abrams Institute for Freedom of Expression Commercial Speech and the First Amendment: Does the Right of Publicity Transcend Commercial Speech? Jennifer Rothman: Right of Publicity? Right of Privacy? Rothman gave a keynote summarizing highlights of her … Continue reading
2017 IPSC Conference at Cardozo School of Law
Usual disclaimers; there were lots of overlaps where I had to make tough choices, and I favored presentations where I hadn’t previously commented on drafts. Day 1 Breakout Session I Trademark Doctrine Mapping Confusion – Mark. P. McKenna & Rebecca … Continue reading
2017 IPSC Conference at Cardozo School of Law
Usual disclaimers; there were lots of overlaps where I had to make tough choices, and I favored presentations where I hadn’t previously commented on drafts. Day 1 Breakout Session I Trademark Doctrine Mapping Confusion – Mark. P. McKenna & Rebecca … Continue reading
GW/Harvard conference: Infringement and Defenses
Infringement and Defenses Moderator: Prof. Michael B. Abramowicz, George Washington University Law School William F. Lee, WilmerHale LLP: Literal infringement/each and every element of the claim—useful for laypeople to think about the claim. In many jurisdictions (Germany, Netherlands, Japan) around … Continue reading
Bridging the Gap Between the Federal Courts and the U.S. Patent and Trademark Office
Boston University Journal of Science and Technology Law Symposium Sorry, guys, I did not follow the patent panels. Panel III: Trademarks Rebecca Tushnet, Fixing Incontestability: The Next Frontier Incontestability is a nearly unique feature of American trademark law, with a … Continue reading