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12 Aug 2016, 4:49 pm by Rebecca Tushnet
  No reason to believe that © has made them worse off w/o rewarding/compensating them w/ entertainment value. [read post]
12 Aug 2016, 10:30 am by Rebecca Tushnet
  We’d still have a workable/productive system, but w/fewer problems.Q: re: search. [read post]
11 Aug 2016, 3:41 pm by Rebecca Tushnet
We shouldn’t expect that info to be widely available to consumers w/o some help, and yet the law assumes that the market for reputation works enough to rely on it.Public goods problem: each of us has our own reputational experiences w/firms. [read post]
29 Jul 2016, 8:06 am by Bill Marler
A study in the December 1, 2010 issue of the Journal of Food Protection documents survival of E. coli O157:H7 in aged Gouda and stirred-curd cheddar cheese (D’Amico 2010). [read post]
9 Jun 2016, 9:40 am by Rebecca Tushnet
 Dinwoodie: How would you assess confusion w/o functionality? [read post]
9 Jun 2016, 7:38 am by Rebecca Tushnet
Thinks about this as a tension that needs balance: pro-TM protection policies v. preserving robust competition in product market and preserving patent/©’s public domain, as well as 1A issues. [read post]
20 May 2016, 2:03 pm by Rebecca Tushnet
Lots of products can’t be investigated and are in some ways interchangeable; there are debates about whether/why the market wouldn’t generate the info w/o requirements. [read post]
20 May 2016, 10:07 am by Rebecca Tushnet
 McGeveran: good salespeople create affinity in the store w/o prior information; they just chat you up. [read post]
20 May 2016, 8:40 am by Rebecca Tushnet
 Greg Klass: I’d put in act or omission. [read post]
19 May 2016, 9:23 am by Rebecca Tushnet
Turnbull says that proponents have info necessary, but there’s an asymmetry of interests, where the corporations opposing the exemptions v. public interest groups w/o resources have to walk through this complicated and burdensome and formalistic system. [read post]