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12 Aug 2022, 12:57 pm by Rebecca Tushnet
Policy default should be rebuttable presumption against IP for innovation, b/c exclusive rights are sticky; can hurt progress. [read post]
10 Aug 2017, 9:38 am by Rebecca Tushnet
  B/c we live in a democratic society, not b/c we have preferences for news. [read post]
23 Jan 2015, 10:06 am by Kevin Goldberg
So as we say an early goodbye to Webcasting III (though we didn’t think so, we may yet miss you!) [read post]
2 Mar 2015, 6:34 am by Rebecca Tushnet
  As you know, Bob, § 1125(c) (3)(C) of the Act provides that “[a]ny noncommercial use of a mark” “shall not be actionable as dilution by blurring or dilution by tarnishment under this subsection. [read post]
14 Sep 2023, 9:21 am by Eleonora Rosati
The referral in Deckmyn and Vrijheidsfonds, C-201/13 concerned the notion of ‘parody’. [read post]
5 Aug 2024, 3:31 am by Anastasiia Kyrylenko
With the forthcoming ruling in C‑579/23 P, the Commission (for wines, spirits and agricultural products) and the EUIPO (for non-agri products) may see their competences expanded. [read post]
20 Jun 2016, 5:49 am
 §§ 812.012(10(a)(1), 812.014(2)(c)(1), Fla. [read post]
24 Sep 2015, 11:28 am by Stephen Griffin
  I’m not sure that argument works so I wouldn’t make it today. [read post]
27 Aug 2013, 5:01 pm by oliver randl
The respective examples clearly contain all three components (a), (b), and (c) of the claimed preparations. [read post]
13 Mar 2008, 1:12 pm
From the Associated Press: Aretha Franklin could lose her home to tax collectors. [read post]
14 Oct 2016, 8:16 am by Rebecca Tushnet
  Troll behavior: responsive arguments were that troll concerns were unfounded: there isn’t a design patent market b/c they protect brand identity; hard to use design patents to threaten entire mkt b/c designing around is easy; to the extent we think troll behavior is from nuisance suits from end users, they don’t have much profits to give, so disgorgement isn’t any worse for them. [read post]
30 Jun 2015, 4:13 am by Rebecca Tushnet
  Rihanna: High Court decided this was passing off, on the merit of those particular facts, b/c there had been a previous relationship w/Rihanna and Top Shop. [read post]