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15 Jan 2010, 7:55 am
As most might know (perhaps from a previous post), the Food Safety and Inspection Service’s (FSIS) stated mission renders it “responsible for ensuring that the nation's commercial supply of meat, poultry, and egg products is safe, wholesome, and correctly labeled and packaged. [read post]
6 Dec 2009, 2:47 pm
By adopting a common-law type multifactor test, I would argue, Congress accepted the history of trademark multifactor tests, which do typically weigh certain factors more heavily than others, both formally and, as Barton Beebe has shown, empirically.) [read post]
14 Feb 2011, 8:28 am
My questions: what’s your response to the strategic/interpretive claim that fair use is not as uncertain as all that, made by the Best Practices folks and by people like Pam Samuelson who group cases, or even in Beebe and Sag’s empirical research? [read post]
13 Aug 2011, 5:28 am
Didn’t think fair use was a terrible morass, but following Sag, Netanel, Beebe, and Samuelson, wanted to look at court of appeals cases from a different perspective. [read post]
30 May 2012, 6:20 am
Louis Vuitton Malletier, S.A. v. [read post]
2 Oct 2009, 8:35 pm
Salmonella is a leading cause of foodborne illness worldwide, with an estimated 1.4 million cases each year in the United States alone (1). [read post]
30 Oct 2012, 4:00 am
On Monday, the Supreme Court heard oral arguments in Kirtsaeng v John Wiley & Sons, a case dealing with the impact of copyright’s first sale doctrine — 17 USC § 109(a) — on the Copyright Act’s importation prohibition — 17 USC § 602(a)(1). [read post]
4 Jan 2010, 3:39 pm
With several recent recalls of Salmonella-tainted beef in 2009 and recent reports of Salmonella-tainted chicken, getting a better understanding of Salmonella - especially Antibiotic Resistance in Salmonella - is a good way to start off the New Year. [read post]
16 Dec 2011, 1:20 pm
(Disclosure — Coleman has been my pro bono local counsel in other litigation.)Judge Glasser ran through the “likelihood of confusion” factors (opinion pages 13 to 16) as has become de rigeur in all trademark cases even though they are ill-suited to deciding cases where the real issue is fair use (and despite Barton Beebe’s demonstration of the ways in which courts manipulate the test to justify pre-determined outcomes). [read post]
30 Oct 2012, 4:00 am
On Monday, the Supreme Court heard oral arguments in Kirtsaeng v John Wiley & Sons, a case dealing with the impact of copyright’s first sale doctrine — 17 USC § 109(a) — on the Copyright Act’s importation prohibition — 17 USC § 602(a)(1). [read post]
22 Jun 2010, 3:40 pm
Barton Beebe’s study: when the first and fourth factors both favor fair use, usually in educational contexts, a finding of fair use was basically inevitable. [read post]
3 Jan 2011, 9:45 pm
Medical Malpractice: DOCTOR'S NEGLIGENCE, NOT MAN'S INTOXICATION, CAUSED INJURY, Beebe v. [read post]
10 Sep 2016, 2:16 pm
Session 5: Fairness, efficiency, and distributive justiceDiscussion leaders: Stephanie Bair: Concepts of ownership/justice in ownership may be universals—studies of children across cultures. [read post]
18 Nov 2016, 12:53 pm
Michael Donaldson, Reflections: More lobbyists in Congress for © industries than there are members of Congress. [read post]
26 Sep 2015, 1:21 pm
Robert Bone – Notice Failure and Defenses in Trademark Law Bone’s basic argument: Principal notice issue in TM is uncertainty about scope, and principal problem is chilling effects. [read post]
25 Feb 2023, 12:23 pm
Barton Beebe: How to integrate this into a larger rethinking of competition? [read post]
6 May 2019, 7:52 am
[See Barton Beebe & Jeanne Fromer’s empirical work proving this.] [read post]
10 Sep 2016, 11:14 am
Barton Beebe has discussed what TM owners do to keep consumers in their place, but it’s very hard to keep them there. [read post]
5 Dec 2019, 10:43 am
Related to Barton Beebe’s observations about the sumptuary code, but it’s not directly about class but about control over the message (though it may cash out as class).Laura Heymann: SignificantObjects.com—origin stories written by well known authors for store bought items; sold for $8000 when bought for $1.25 because of the stories associated with those specific iterations. [read post]
