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Recent Posts
- False endorsement claim can proceed against gov’t issued license plates and gov’t facility named for Roberto Clemente
- Non-TM owner can use 43(a) to challenge confusing use
- 11th Circuit affirms defense TM verdict; evidence of confusion is not evidence of harm for disgorgement
- CFP: Yale/Harvard/Stanford Junior Faculty Forum, May 21-22
- court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?
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Tag Archives: reading list
Reading list: Rothman on (c)/right of publicity conflicts
Jennifer Rothman, The Other Side of Garcia: The Right of Publicity and Copyright Preemption, Columbia Journal of Law & the Arts, Vol. 39, No. 3, 2016. Abstract: This essay is adapted from a talk that I gave on October 2, … Continue reading
Reading list: the First Amendment and the FDA
Christopher Robertson, A Trojan Horse? How Expansion of the First Amendment Threatens Much More than the Regulation of Off-Label Drugs, forthcoming, __ Ohio State Law Journal __ (2017) Abstract: Scholars, advocates, and courts have begun to recognize a First Amendment … Continue reading
Judge McKeown on copyright, and responses (including mine)
Hon. M. Margaret McKeown, Censorship in the Guise of Authorship: Harmonizing Copyright and the First Amendment, 15 Chi.-Kent J. Intell. Prop. 1 (2016) Margaret Chon, Copyright’s Other Functions, 15 Chi.-Kent J. Intell. Prop. 364 Edward Lee, Suspect Assertions of Copyright, … Continue reading
Reading List: The Copyright Wars
Peter Baldwin, The Copyright Wars: Three Centuries of Trans-Atlantic Battle (2014) Baldwin’s basic proposition is that there has been a long history of struggles between creators, distributors and the public, and a related struggle between the idea of Continental authors’ … Continue reading
Reading list: Choreographing Copyright
Anthea Kraut, Choreographing Copyright: Race, Gender, and Intellectual Property Rights in American Dance: Fascinating study of the complexities of claiming rights in a world in which asserting property rights is a measure of one’s humanity—and in which white women have … Continue reading
User-generated discontent: patents, gender, and innovation
The NYT has a fascinating story about innovation, menstruation, and the challenges of seeking backing for a project that combines the two. from Blogger http://ift.tt/25AEJ1E
Reading list: dilution fails an empirical test
Christo Boshoff , The lady doth protest too much: a neurophysiological perspective on brand tarnishment, 25 J. Product & Brand Management (2016): [C]onsumers’ emotional responses to a series of brand tarnishment advertisements are investigated in this study. The purpose … Continue reading
Reading list: the class action as trust
Sergio J. Campos, The Class Action as Trust. Abstract: The class action is controversial because the class attorney can litigate or settle the claims of the class members without their consent. Many scholars have turned to corporate law to address … Continue reading
Reading list: Feminist values in the Archive of Our Own
Casey Fiesler et al. have written An Archive of Their Own: A Case Study of Feminist HCI and Values in Design (CHI 2016), a paper about feminist principles and human-computer interaction in the Archive of Our Own. As a noncommercial … Continue reading
Reading list: Hoofnagle on FTC Privacy Law
Chris Jay Hoofnagle, Federal Trade Commission Privacy Law and Policy (2016) Review copy. The book will be available on Amazon Feb. 5. This is a detailed, clearly written guide to the FTC, with specific attention to its privacy practices but … Continue reading