Tag Archives: trademark

ICANN and the New Top-Level Domains, panel 2

Posted on February 26, 2019 by rtushnet

ICANN and the New Top-Level Domains “Walled Gardens:” Should gTLDs Become Private Platforms? Becky Burr, ICANN Board & Neustar: We used to talk about .kids as a walled garden/moderated content for kids, a safe space. [Based on what we know … Continue reading →

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ICANN and the New Top-Level Domains part 1

Posted on February 25, 2019 by rtushnet

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 →

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Selling copyright-infringing content isn’t trademark infringement or false advertising

Posted on February 25, 2019 by rtushnet

Joint Stock Co.“Channel One Russia Worldwide” v. Russian TV Co., 2019 WL 804506, No. 18 Civ. 2318 (LGS) (S.D.N.Y. Feb. 21, 2019) Channel One produces and broadcasts TV programming in the Russian Federation and its neighboring states, and granted third … Continue reading →

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Guitar design authorship blues: delay and consent defeat (c), ROP, other claims

Posted on February 21, 2019 by rtushnet

Webster v. Abbott, 2018 WL 7352411, No. 8:17-cv-01795-T-02CPT (M.D. Fla. Nov. 30, 2018) Webster is a luthier and guitar technician who goes by “Buddy Blaze.” Around 1985, he modified a Dean ML guitar and had the guitar painted blue with … Continue reading →

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Guitar design authorship blues: delay and consent defeat (c), ROP, other claims

Posted on February 21, 2019 by rtushnet

Webster v. Abbott, 2018 WL 7352411, No. 8:17-cv-01795-T-02CPT (M.D. Fla. Nov. 30, 2018) Webster is a luthier and guitar technician who goes by “Buddy Blaze.” Around 1985, he modified a Dean ML guitar and had the guitar painted blue with … Continue reading →

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ICANN and the New Top-Level Domains: Feb. 25 conference at AU-WCL

Posted on February 19, 2019 by rtushnet

ICANN and the New Top-Level Domains American University Washington College of Law, Room NT01 Monday, February 25, 2019 1:30-5:30pm We are in the midst of an historic expansion of internet domain names with more than 1200 new generic top-level domains … Continue reading →

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Eyelash wars: court tosses counterfeiting claim, allows (c) claim to continue

Posted on February 15, 2019 by rtushnet

Boost Beauty, LLC v. Woo Signatures, LLC, 2019 WL 560277, No. 2:18-cv-02960-CAS(Ex) (C.D. Cal. Feb. 11, 2019) Mark Lemley says that many businesses think the term “unfair competition” is redundant; many trademark plaintiffs likewise think that “infringement” means “counterfeiting.” Here, … Continue reading →

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TM Reading list: Legal Realism: Unfinished Business by Ramsi A. Woodcock

Posted on February 15, 2019 by rtushnet

Short and punchy: For the realist, legal reasoning lacks the determinacy of mathematics because, looked at from the right angle, anything can be analogized to anything else. Trademarks are like easements in that they are both contingent on ownership of … Continue reading →

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Influencer’s laundry list complaint against PopSugar survives motion to dismiss

Posted on February 13, 2019 by rtushnet

Batra v. Popsugar, Inc., 2019 WL 482492, No. 18-cv-03752-HSG (N.D. Cal. Feb. 7, 2018) Batra sued Popsugar for removing the CMI of her photograph, infringing her copyright, violating her right of publicity, intentionally interfering with her contracts, engaging in false … Continue reading →

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Amicus brief in Mongols TM forfeiture case

Posted on February 13, 2019 by rtushnet

Stacey Dogan, Mark Lemley, Jessica Litman, Mark McKenna, Jennifer Rothman, Jessica Silbey, and I filed an amicus in the Mongols trademark forfeiture case.  We argue that, while trademark forfeiture is generally possible, any successful transfer would have to include goodwill. … Continue reading →

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