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23 Feb 2024, 1:43 pm by Rebecca Tushnet
Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? [read post]
8 Dec 2023, 6:30 am by Terry Hart
Nation Enterprises, Feist Publications v. [read post]
4 Feb 2023, 9:09 am by Rebecca Tushnet
Feist: won’t find much in free to play, which is really about antipiracy/controlling entry. [read post]
4 Feb 2023, 7:38 am by Rebecca Tushnet
Success of solutions depends on rethinking foundations. [read post]
3 Feb 2023, 9:40 am by Rebecca Tushnet
A: the extremely successful GIs have this problem; contrast to the less successful ones that really want an appeal to terroir to provide sales appeal. [read post]
15 Jul 2021, 8:09 am by Eleonora Rosati
Phonebooks too can be very lengthy and well-structured; that doesn’t mean that they are the result of creative choices, as the US Supreme court correctly found in 1991 in the Feist case.Considering these problems, it would not be surprising to see this judgment of the General Court being appealed to the Court of Justice with a reasonable likelihood of success. [read post]
8 Apr 2021, 9:52 am by Eric Goldman
Android was released in November 2007, and within a few years it became wildly successful. [read post]
10 Aug 2020, 7:14 am by James Williams
The less your attorney has to prove, the more successful your case is likely to be. [read post]
5 Jun 2020, 5:49 am by Riana Harvey
As per the landmark decision in Feist Publications v Rural Telephone Services, the term original consists of two components: independent creation and sufficient creativity, with only a modicum of creativity necessary for a work to be eligible for copyright protection. [read post]
8 Jan 2020, 10:03 pm
First, the Board considered Feist Publications, Inc., v. [read post]
18 Jun 2019, 8:26 am
 Original works of authorship The Review Board set out that its decision was based on the “low standard of copyrightability” set out in Feist Publications v Rural Telephone Service Co., (499 U.S. 340 (1991), requiring a “minimal creative spark”). [read post]
14 Jun 2019, 8:27 am by Rebecca Tushnet
John Deere & Feist talk to us about the rationales—utilitarian even if not entirely incentive based—but Silbey is really interested in propertarian concepts of IP, not incentive/economic accounts; lots of economists are not propertarians.Many interviewees feel screwed by the system, but there are other examples of successful collaboration/openness—The Knockoff Economy. [read post]
30 Dec 2018, 3:03 am by Ben
Folkens, a successful  wildlife artist, but the courts failed to find protection for his illustration of two dolphins crossing each other underwater, with the appellate court upholding the trial judge's decision that a later adaptation did not infringe as the illustration was of a pose in a natural position and thus incapable of protection under copyright law, with the Ninth Circuit explaining that despite the similar positioning of the dolphins, a pose is not ordinarily… [read post]
13 Nov 2018, 12:27 pm by Marie-Andree Weiss
”Indeed, as explained by the Supreme Court in Feist, “[f]actual compilations… may possess the requisite originality [to be protected by copyright]. [read post]
14 Jul 2018, 6:42 am by Eric Goldman
My email inbox has gotten out of control, and I had to declare partial email bankruptcy. [read post]
16 Feb 2018, 11:00 am by Rebecca Tushnet
[title fixed because I can't keep seasons straight]Suneal Bedi, Bad Brands: Experimental Studies in Trademark TarnishmentWhat is the reputation of a mark? [read post]
10 Apr 2017, 6:43 am by Jordan Brunner
Feist of CNN will preside. [read post]
26 Dec 2016, 4:30 am by Ben
Well Marie-Andree cited that 1879 case  Feist Publications, Inc. v. [read post]