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11 Aug 2021, 11:48 am
Timothy J. [read post]
17 Apr 2015, 2:45 pm
Panel III. [read post]
19 Feb 2016, 4:08 pm
Session 4: IP, Design, User Experience Sarah Burstein, Reviving Ornamentality: Fed. [read post]
23 Apr 2014, 7:53 am
Smithsonian National Museum of American HistoryDr. [read post]
2 Mar 2020, 10:12 am
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
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]
1 Jan 2014, 10:00 am
I am looking forward to participating in a conference, "Contested Collisions," convened by Dr. [read post]
3 Nov 2023, 12:44 pm
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
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
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]
18 Apr 2015, 11:05 am
Panel VI. [read post]
12 Apr 2013, 9:14 am
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
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
[RT: I’m offended at being accused only of being a “soft” Marxist. [read post]
17 Feb 2014, 4:36 am
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
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
Panel 3: CopyrightSarah Polcz, Loyalties v. [read post]
9 Aug 2019, 11:34 am
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
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
RT: In Barnett’s model, what are TMs for? [read post]