Tag Archives: trademark

IPSC: Closing Plenary Session

Posted on August 13, 2016 by rtushnet

The Nature of Sequential Innovation Christopher Sprigman, Christopher Buccafusco & Stefan Bechtold How to pick between innovating or borrowing.  “Cinderella Man” is harder to develop than another movie about Rocky.  Risky, as is question about whether to develop another erectile … Continue reading →

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IPSC Breakout Session III

Posted on August 12, 2016 by rtushnet

IP & Privacy Exploring Privacy as Commons Katherine Strandburg & Brett Frischmann Knowledge production/privacy as highly related, not orthogonal/opposed.  Knowledge production framework as a way of doing descriptive empirical case studies of how privacy works in context, which can aid … Continue reading →

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IPSC breakout session 2

Posted on August 11, 2016 by rtushnet

IPSC Breakout Session II: Trademarks, Advertising & Consumers Relying on Reputation Jim Gibson Reputation: what rational consumers would use to decide what products/services to buy. We shouldn’t expect that info to be widely available to consumers w/o some help, and … Continue reading →

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IPSC First Plenary Session

Posted on August 11, 2016 by rtushnet

Scarcity of Attention in a World without IP Jake Linford We impose artificial scarcity so authors can pick up sunk costs. But costs of creation have fallen; perhaps © should be narrowed as a result.  Wrinkle: attention scarcity. Cheaper dissemination … Continue reading →

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Confusion bans are content-based so disclaimers must be tried first, court rules

Posted on August 8, 2016 by rtushnet

Pursuing America’s Greatness v. Federal Election Comm’n, No. 15-5264 (D.C. Cir. Aug. 2, 2016) I wonder whether INTA is worried about this case.  If not, why not? The Federal Election Commission prohibits unauthorized political committees, like Pursuing America’s Greatness, from … Continue reading →

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Confusion bans are content-based so disclaimers must be tried first, court rules

Posted on August 8, 2016 by rtushnet

Pursuing America’s Greatness v. Federal Election Comm’n, No. 15-5264 (D.C. Cir. Aug. 2, 2016) I wonder whether INTA is worried about this case.  If not, why not? The Federal Election Commission prohibits unauthorized political committees, like Pursuing America’s Greatness, from … Continue reading →

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Can functionality become nonfunctionality with new data?

Posted on August 4, 2016 by rtushnet

C5 Medical Werks, LLC v. CeramTec GMBH, 2016 WL 4092955, No 14-cv-00643 (D. Colo. Jun. 10, 2016) C5 competes with CeramTec in the ceramic hip implant market. In 1998 CeramTec patented a ceramic composite used in hip implants, advertising that … Continue reading →

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Dirty Dancing remake: court grants reconsideration on dilution

Posted on August 3, 2016 by rtushnet

Lions Gate Ent. Inc. v. TD Ameritrade Servs. Co., No. cv 15-05024  (C.D. Cal. Aug. 1, 2016) Previous discussion and images from the campaign here.  Lions Gate claims common-law marks in DIRTY  DANCING and NOBODY PUTS BABY IN A CORNER, … Continue reading →

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Court of appeals says FU to state university’s TM claim

Posted on July 28, 2016 by rtushnet

Florida International University Board of Trustees v. Florida National University, Inc., 2016 WL 4010164, — F.3d —-, No. 15-11509 (11th Cir. Jul. 26, 2016) FIU sued FNU for changing its name from Florida National College to Florida National University; the … Continue reading →

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Don’t send a TM to do a (c)’s job: 7th Circuit rules in Slep-Tone case

Posted on July 22, 2016 by rtushnet

Mark McKenna organized an amicus brief in this case, which was not cited by the court but advocated a position similar to that adopted by the panel. Phoenix Entertainment Partners, LLC v. Rumsey, No. 15-2844 (7th Cir. July 21, 2016) … Continue reading →

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