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19 Feb 2016, 4:08 pm by Rebecca Tushnet
Session 4: IP, Design, User Experience Sarah Burstein, Reviving Ornamentality: Fed. [read post]
23 Apr 2014, 7:53 am by Rebecca Tushnet
Smithsonian National Museum of American HistoryDr. [read post]
2 Mar 2020, 10:12 am by Rebecca Tushnet
RT: (1) Natural for courts to want to have their cake and eat it too in terms of saying “our policy rule won’t cause much real confusion”; not clear we want to take them that seriously, though they probably are saying something about their expectations of consumers versus the error costs of litigation. (2) Double identity/counterfeiting mean that courts don’t have to articulate their policy reasons when they’re finding actionable conduct. [read post]
18 Jan 2013, 8:51 am by Rebecca Tushnet
Yi Qian (Northwestern University Kellogg School of Management) Misattribution of jokes to comedian Steven Wright: he says it didn’t affect his show; some are so horrible he was embarrassed by the misattribution, and some are amazing and he wishes he’d written them. [read post]
3 Nov 2023, 12:44 pm by Rebecca Tushnet
Moderated by Peter Karol, UNH Franklin Pierce School of Law RT: Organized my remarks in response to the oral arguments in Elster, hopefully not too repetitive. [read post]
9 Feb 2015, 8:49 am by Rebecca Tushnet
Glynn Lunney, Inefficient Trademark Law Older TM lawyer would be surprised at breadth: inherently distinctive marks were the only marks, and double identity was essentially the rule. [read post]
4 Apr 2014, 3:04 pm by Rebecca Tushnet
Extended collective licensing needs to be created to facilitate small internet uses (RT: not sure “facilitate” is the right word there, or maybe “uses” is the problem; try “monetize” or “payments” since the uses seem to be doing fine); this would contribute to income stream for rightsholders. [read post]
12 Apr 2013, 9:14 am by Rebecca Tushnet
Section 1, continued Annette Kur: 1874: initial registration system in Germany—just for trader’s name plus optional pictorial elements. [read post]
22 Feb 2013, 7:07 am by Rebecca Tushnet
Alfred Yen (Boston College), Trademark’s Dynamic Construction of the Consumer Commenters go first here: Barton Beebe (NYU) Common theme of papers: irrationality/strange behavior of consumers—false memories, ratio bias. [read post]
30 Apr 2016, 12:10 pm by Rebecca Tushnet
  [RT: I’m offended at being accused only of being a “soft” Marxist. [read post]
17 Feb 2014, 4:36 am by Rebecca Tushnet
Harvard Law Review Symposium 2014: Freedom of the PressIntroduction: Mark Tushnet, Reflections on the First Amendment and the Information Economy Symposium papers provide an opportunity to speculate about 1A issues in modern information economy, which is different from the info economy in 1963. [read post]
9 Aug 2024, 10:59 am by Rebecca Tushnet
Shyam Balganesh, The Eunomics of Intellectual Property Lon Fuller’s institutional design theory: understand institutional design as a way of understanding institutions on the understanding that they’re not infinitely mutable. [read post]
10 Feb 2020, 9:00 am by Rebecca Tushnet
Panel 3: CopyrightSarah Polcz, Loyalties v. [read post]
9 Aug 2019, 11:34 am by Rebecca Tushnet
Jorge Contreras, University of Utah SJ Quinney College of LawSui-Genericide1940s: Proprietary Ass’n & AMA opposed foreign registrations of common drug names (ANTACID, VITAMIN, etc.). [read post]
22 Jul 2015, 12:02 pm by Rebecca Tushnet
 RT: I think that answer is incomplete—the director doesn’t get authorship because we’ve already picked an author and the US is bad at joint authorship through orthogonal contributions. [read post]
11 Mar 2016, 11:42 am by Rebecca Tushnet
   RT: In Barnett’s model, what are TMs for? [read post]