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4 Jun 2012, 2:48 pm by Rebecca Tushnet
Rebecca Tushnet, Professor, Georgetown University Law Center. [read post]
22 Jul 2015, 2:18 pm by Rebecca Tushnet
Session 1 | Ellen Goodman (Rutgers), Moderator  Access and Development: The History of ‘Development’ and WIPOSara Bannerman (McMaster University)Commentator | Christopher S. [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]
5 Dec 2019, 10:43 am by Rebecca Tushnet
Session 3: Shaping an Overall Approach to ProtectionIntroductions: Jerry Reichman and Estelle Derclaye  In what ways should different forms of protection be tailored to various types of subject matter (construed legally as forms of intellectual property, but also subject matter construed socially or commercially)? [read post]
30 Oct 2015, 9:17 am by Rebecca Tushnet
 Rebecca Tushnet, Professor, Georgetown University Law Center First note: abortion is different. [read post]
2 Mar 2020, 10:14 am by Rebecca Tushnet
Introduction: Rebecca Tushnet One consideration in how we should structure the regime is that casual empiricism is a pervasive and possibly unsolvable problem because courts don’t notice when they’re making empirical claims: SCt cases (even in Tam, on registration as endorsement). [read post]
7 Apr 2023, 3:47 pm by Rebecca Tushnet
 Moderator: Pamela Samuelson, Berkeley Law School From Notice-and-Takedown to Content Licensing and Filtering: How the Absence of UGC Monetization Rules Impacts Fundamental Rights        João Quintais, University of Amsterdam with Martin Senftleben, University of Amsterdam Human rights impact of the new rules. [read post]
19 May 2016, 9:23 am by Rebecca Tushnet
 Rebecca Tushnet, Organization for Transformative Works: 500-600 hours; burdensome. [read post]
21 Aug 2020, 12:43 pm by Rebecca Tushnet
” (Citations: Rebecca Tushnet, Raising Walls Against Overlapping Rights: Preemption and the Right of Publicity, 92 Notre Dame L. [read post]
12 Aug 2016, 4:49 pm by Rebecca Tushnet
The Nature of Sequential InnovationChristopher Sprigman, Christopher Buccafusco & Stefan Bechtold How to pick between innovating or borrowing. [read post]
3 May 2016, 2:30 pm by Rebecca Tushnet
Official description: Voluntary alternatives to and modifications of statutory notice-and-takedown process; best practices; collaborative efforts of content owners, service providers and others to address online infringement, including availability of programs to smaller service providers and creators; cooperation in identifying infringers; graduated response programs to address infringement; efforts to delist or downgrade infringing materials within online search results; participation of… [read post]
18 Jan 2013, 7:19 am by Rebecca Tushnet
Rebecca Tushnet (Georgetown Law Center) Norms no less than laws are products of power, and in studying nonlegal regimes for defining and defending creativity we should also be attentive to the power relations expressed, challenged, and reinforced in various fields of "IP without IP." [read post]
26 Sep 2015, 1:21 pm by Rebecca Tushnet
 Rebecca Tushnet: This is part of a story about what we lost when we abandoned theories of TM harm and shifted to theories only of confusion. [read post]
4 Jun 2018, 3:04 pm by Eugene Volokh
And Volokh has standing to intervene to unseal records, just as Harvard law professor Rebecca Tushnet was found to have such standing to intervene to unseal records in SanMedica. [read post]
24 Jun 2022, 9:03 am by Rebecca Tushnet
Rebecca Tushnet: Simon outlines the “Nose of wax” problemvery well which also exists in the US. [read post]
7 Apr 2016, 4:50 am by Rebecca Tushnet
Copyright Registration and the CompendiumRobert Kasunic, Associate Register of Copyrights and Director of Registration Policy & Practice, U.S. [read post]
17 Sep 2015, 2:46 pm by Rebecca Tushnet
Jaszi: DMCA left us somewhat bruised; the next time we set out to do something useful, we asked what could be done without requiring congressional authority? [read post]
17 Apr 2010, 3:00 am by Rebecca Tushnet
Session 2: Limits Internal to the Trademark Cause of Action Fundamentally, to what extent does the statement of the cause of action (whether based on likely confusion or otherwise, and whether for primary or secondary infringement) afford room for the vindication of permissible uses? [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? [read post]