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14 Jun 2017, 7:03 am by Rebecca Tushnet
“Intellectual property rights aren’t free: They’re imposed at the expense of future creators and of the public at large,” and the Rogerstest applies when this expense is most significant.However, Rogersexplicitly incorporates an exception for “misleading titles that are confusingly similar to other titles. [read post]
24 May 2017, 11:11 am by Jim Gerl
Fairfax County Sch Bd 882 F.2d 876, 441 IDELR 555 (Fourth Cir. 1989) See, In re Student With a Disability (JG) 116 LRP 25097 (SEA WV 6/18/15)Recently the Second Circuit decided TM by AM & RM v Cornwall Central Sch Dist 752 F.3d 145, 63 IDELR 31 (2d Cir 4/2/14) and held that an LRE violation is a substantive (not procedural) violation of IDEA. [read post]
15 May 2017, 10:41 am
Unregistered Community Design right will continue to apply in the remainder of the EU, of course, but there are issues around disclosure of designs which are first disclosed to the public in the UK (at London Fashion Week for example).... thinking about B-dayAnd there’s moreExhaustion of rights has been mentioned above in the context of TMs but there will be a more general impact across IP. [read post]
4 Apr 2017, 7:45 am by Robert Kraft
 We’re dedicated to identifying resources to keep seniors healthy, connected, and up on today’s news and developments. [read post]
31 Mar 2017, 2:20 pm by Rebecca Tushnet
How would this sensibility, which isn’t concerned w/history, work w/TM law? [read post]
31 Mar 2017, 12:45 pm by Rebecca Tushnet
TM law is almost uniformly not ontological. [read post]
31 Mar 2017, 11:22 am by Rebecca Tushnet
Beebe: But for the TM paper we began with, papers are unified by struggle to distinguish b/t worlds of subjective and objective. [read post]
31 Mar 2017, 9:08 am by Rebecca Tushnet
  TM: separate commercial impression might be a limit. [read post]
31 Mar 2017, 7:49 am by Rebecca Tushnet
(3) normative implications.(1) Maybe courts just misunderstand relation b/t TM strength and confusion, or maybe they’re enacting assumptions about free riding into law. [read post]
24 Mar 2017, 10:05 am by Rebecca Tushnet
Internet surveys were initial thought, but they aren’t so cheap either if they’re well done.Linford: Forfeiture mechanisms/abandonment mechanisms piece coming out. [read post]
24 Mar 2017, 9:00 am by Rebecca Tushnet
Well-known marks: Transitional cases: we’re in the middle of a change in the law—making exceptions to territoriality. [read post]
23 Mar 2017, 3:02 pm by Rebecca Tushnet
  Two kinds implicated: secondary meaning surveys are among the worst in TM law. [read post]
23 Mar 2017, 10:31 am by Rebecca Tushnet
  A lot of times law pretends to talk about distinctiveness of but is really concerned with distinctivenss from.Jake Linford: What do we think we’re doing w/TM law? [read post]
10 Mar 2017, 9:14 am by Rebecca Tushnet
  RT: you get some weird results that are path-dependent: TM and © vicarious liability differ, but why? [read post]
10 Mar 2017, 7:35 am by Rebecca Tushnet
You’re just updating for new tech, but these techs existed 100 years ago. [read post]
27 Feb 2017, 1:22 pm
Mark Schweizer discusses Stowarzyszenie ‘Oławska Telewizja Kablowa’ v Stowarzyszenie Filmowców Polskich, ECLI:EU:C:2017:36, which addressed a preliminary ruling regarding the interpretation of Article 13 of the Enforcement Directive.Trader keeps the [good] faith in a spare part in trademark doublebillKatfriend Kevin Wong gives his insights on Audi AG v Lim Ching Kwang, [2017] SGIPOS 2, TM No. [read post]
24 Feb 2017, 12:04 pm by Rebecca Tushnet
Boston University Journal of Science and Technology Law Symposium Sorry, guys, I did not follow the patent panels.Panel III: Trademarks Rebecca Tushnet, Fixing Incontestability: The Next FrontierIncontestability is a nearly unique feature of American trademark law, with a unique American implementation. [read post]
11 Feb 2017, 7:09 am by Rebecca Tushnet
  In re Hruby, 1967. [read post]