Search for: "Matter of Nimmer"
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14 Nov 2016, 6:16 am
All utilitarian features have an associated appearance; it’s the appearance of those features, whether utilitarian or not, that matters in validity determinations, w/o need for functionality doctrine.On infringement side, there’s been a ridiculous practice of factoring out functional features in Markmanhearings, which makes no sense. [read post]
13 Dec 2010, 10:37 am
Is there any opportunity Microsoft won't take to tweak its arch-rival Google--no matter how contrary to its own long-term interests?? [read post]
3 Feb 2023, 12:36 pm
Does it matter whether this was the Mickey Mouse Term Extension act? [read post]
8 Aug 2013, 9:36 am
A: Nimmer did argue that the 13th Amendment was implicated (declaration thrown out by judge). [read post]
31 Oct 2017, 5:00 am
Electronic Arts, 841 F.3d 1062 (2016), and the petition (filed by David Nimmer, Peter Menell, and Kevin Green) is here. [read post]
23 Mar 2011, 5:43 pm
” 3 Nimmer § 13.03[F][3], at 13-65. [read post]
30 Sep 2009, 7:05 pm
The specific sessions: * Welcome * Marybeth Peters' opening keynote address * First panel--Copyright Subject Matter * Second panel--Authorship and Ownership * Bill Patry's lunchtime keynote address * Third panel--Formalities * Fourth panel--Rights & Limits, Part 1 * Fifth Panel--Rights & Limits, Part 2 * David Nimmer's closing keynote address We also posted loads of photos and some papers associated with the event. [read post]
27 Jul 2012, 1:07 am
"Average" copyright avenger on duty To be more precise, in the monumental Nimmer on Copyright, it is explained that the doctrine of scénes à faire does not limit the subject matter of copyright; instead, it defines the contours of infringing conduct. [read post]
7 May 2020, 12:13 pm
Because the record did not establish such a plain and express repudiation as a matter of law by Don against Phil as a co-author, the court enlisted the jury “to sort it all out. [read post]
23 Mar 2012, 9:25 am
See 3 NIMMER ON COPYRIGHT § 13.08 at 13-291 (1994). [read post]
27 Jul 2012, 1:07 am
"Average" copyright avenger on duty To be more precise, in the monumental Nimmer on Copyright, it is explained that the doctrine of scénes à faire does not limit the subject matter of copyright; instead, it defines the contours of infringing conduct. [read post]
8 Apr 2011, 3:03 am
The second was that the relationship between the need for IP owners to identify and sue infringers and the requirement to respect privacy on the par of internet users such as website owners should be governed by what the late, great Mel Nimmer called “definitional balancing”. [read post]
16 Apr 2021, 8:10 pm
Rural Telephone Service Co., Inc., 499 U.S. 340, 345 (1991) (quoting Professor Nimmer). [read post]
3 Jun 2013, 11:55 am
Any "creative spark" counts, "no matter how crude [or] humble." [read post]
11 Oct 2011, 3:37 am
Mahan is another matter. [read post]
16 Jan 2012, 6:56 am
McDonell, Patrick Richard Delahunty, Jones Day, San Francisco, CA; David Nimmer, Joseph Mark Lipner, Irell & Manella LLP, Los Angeles, CA; Jeffrey M. [read post]
9 Aug 2019, 12:28 pm
Probably from Nimmer’s reading of Arnstein, his first © treatise in 1963, which read improper out almost entirely. [read post]
22 Jan 2011, 8:34 pm
Nimmer & David Nimmer, Nimmer on Copyright § 12.11[B][3], at 12-208 (2005).[2] Darden does not contest the general applicability of the APA to his claim; indeed, he expressly brought this action under the APA. [read post]
1 Mar 2020, 12:56 pm
Nimmer on Copyright noted that the effect of the ruling was to embolden “DAT manufacturers to claim immunity” for home audio taping. [read post]
15 Oct 2013, 8:38 am
Try as we might to navigate the sea of commerce with the compass of McCarthy in one hand and Nimmer’s sextant in the other, no chart reveals the judicial squalls, much less the jury sea monsters, that menace from below. [read post]
