Tag Archives: trademark

Sociology and Psychology of IP, Session 3: What can we learn from IP-free zones?

Posted on September 10, 2016 by rtushnet

Discussion leaders: Kate Darling: attribution as something that people want rather than money in “negative spaces.” They know they can monetize their reputations.  Systems of self-governance often differ from those of formal law.  Attribution preference is not just about fairness/ego. … Continue reading →

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Sociology and Psychology of IP, Session 3: What can we learn from IP-free zones?

Posted on September 10, 2016 by rtushnet

Discussion leaders: Kate Darling: attribution as something that people want rather than money in “negative spaces.” They know they can monetize their reputations.  Systems of self-governance often differ from those of formal law.  Attribution preference is not just about fairness/ego. … Continue reading →

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If a body catch a body in high heels

Posted on September 6, 2016 by rtushnet

Transformative work of the day?  These “Catcher in the Rye” heels involve both decoupage and paint (for some of the quotes).  What should the copyright/TM analysis look like? from Blogger http://ift.tt/2cwfMRX

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NY false advertising law lacks rigid false/misleading distinction

Posted on August 25, 2016 by rtushnet

Classic Liquor Importers, Ltd. v. Spirits International B.V., — F. Supp. 3d —-, 2016 WL 4419457, No. 15 Civ. 6503  (S.D.N.Y. 2016) Classic Liquor is a newcomer to the liquor business that recently launched a line of vodkas under the … Continue reading →

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Pictures from Canada

Posted on August 25, 2016 by rtushnet

Canada, like many other countries, considers “taking unfair advantage” of a trademark to be a distinct problem, making it less favorable to parody and other uses than the U.S. as a matter of formal law.  What difference does that make … Continue reading →

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Cthulhu the functional?

Posted on August 19, 2016 by rtushnet

Jake Linford has recently expounded in detail about the descriptive or even functional characteristics of certain sounds, making certain “coined” words more useful in marketing.  Here’s a great example from Michael Saler, As If: Modern Enchantment and the Literary Prehistory … Continue reading →

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6th Circuit rejects college players’ Lanham Act, ROP claims

Posted on August 17, 2016 by rtushnet

Marshall v. ESPN, No. 15-5753 (6th Cir. August 17, 2016) Plaintiffs claimed that, as college football and basketball players, they had publicity rights in their names and images as used in TV broadcasts.  “Whether referees, assistant coaches, and perhaps even … Continue reading →

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6th Circuit rejects college players’ Lanham Act, ROP claims

Posted on August 17, 2016 by rtushnet

Marshall v. ESPN, No. 15-5753 (6th Cir. August 17, 2016) Plaintiffs claimed that, as college football and basketball players, they had publicity rights in their names and images as used in TV broadcasts.  “Whether referees, assistant coaches, and perhaps even … Continue reading →

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Amicus in LV v. My Other Bag

Posted on August 17, 2016 by rtushnet

Chris Sprigman and I organized a law professors’ brief supporting My Other Bag in LV’s appeal from the well-reasoned district court opinion.  Open call for anyone defending against a dilution claim: it’s time for the straight-up First Amendment challenge, and … Continue reading →

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CustomMade doesn’t know about USOC’s anti-free-speech stance

Posted on August 15, 2016 by rtushnet

Or has taken Nick Fury’s excellent approach.  Consider this email below: pure truth, from all that appears.  Even assuming SFAA is still good law, shouldn’t the First Amendment protect this speech? From the Olympics to the jeweler’s bench: Nana Smith competed … Continue reading →

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