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21 Aug 2013, 9:17 am by Rebecca Tushnet
So basically, this is like the judicially made-up rule that professors’ scholarly writings aren’t works for hire, no matter the tension with the text of the Copyright Act. [read post]
3 Feb 2024, 2:59 pm by Rebecca Tushnet
” Argument for change to factor 4, that growing a market/market benefits should matter. [read post]
18 Mar 2023, 1:39 pm by INFORRM
The motion was denied in the first instance and later granted on appeal. [read post]
14 Nov 2016, 6:16 am by Rebecca Tushnet
But interest in knowing who created the design isn’t the same as interest in who created the particular copy, and that matters if we want to maintain a distinction b/t TM and ©/design patent; those are the regimes charged w/dealing w/content itself, rather than source designation of content.Perry Saidman, Saidman Design Law Group, “Design Patent Functionality”The line b/t design & utility patent: thesis is that there… [read post]
22 Aug 2014, 4:48 am by David DePaolo
PPI renewed its summary judgment motion, and Barbier granted it. [read post]
2 Oct 2020, 12:17 pm by Rebecca Tushnet
No matter how much work and how many choices went into producing Java SE, the highly utilitarian nature of declarations means that copyright grants them thin scope at best. [read post]
12 Oct 2010, 11:15 am by fraudfighters
On September 28, 2010, the Supreme Court of the United States granted certiorari in Schindler Elevator Corp. v. [read post]
12 Feb 2024, 3:30 am by John Jenkins
Bainbridge doesn’t believe that directors & executive officers would face liability in this situation: [W]hat liability exposure does the board have when it is aware of a problem and decides to do nothing? [read post]
7 Nov 2014, 11:17 am by Rebecca Tushnet
Marketing professional: “We are different than other companies, where we don’t say, ‘All right, now we own your property. [read post]
6 Aug 2015, 9:11 am by Rebecca Tushnet
 Q: likewise, cautious companies won’t file even if there’s just substantial common law usage. [read post]
9 Feb 2015, 8:49 am by Rebecca Tushnet
We have to identify companies w/broad interests and bring them in. [read post]
29 Jan 2023, 4:31 am by INFORRM
As per Article 17 of the Copyright Directive, providers are directly liable where works and other protected subject matter are unlawfully uploaded by users of their services. [read post]
7 Dec 2020, 12:39 am by Sander van Rijnswou
Thus, this decision is in no way a matter of a debit order submitted without comment, which the Board of Appeal considered an implicit request for correction. [read post]
22 Jun 2016, 5:41 am by Matthew David Brozik
There’s not much, if anything, that’s novel about the matter of Guthrie v. [read post]
22 Jun 2017, 4:16 am by Ron Coleman
 And as a matter of law the PTO can’t register two marks that are likely to be confused. [read post]
24 Apr 2018, 2:19 pm by Rebecca Tushnet
  My discussion w/expert: she offered that in her experience, the most difficult company was iTunes. [read post]
19 Feb 2016, 11:57 am by Rebecca Tushnet
Large company v. small company; established v. newer company. [read post]
8 Jan 2022, 4:30 pm by INFORRM
In balancing privacy and access to information, the Court granted strengthened protection to the latter and held that the attorney general should permit the journalist access to the account. [read post]
31 Jul 2020, 12:38 pm by Rebecca Tushnet
  Lisa Ramsey: if European companies aren’t worrying about crowding, should we? [read post]