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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]
18 Apr 2019, 8:17 am
Rothman, The Right of Publicity’s Intellectual Property Turn  Stacey Dogan, Stirring the Pot: A Response to Rothman’s Right of PublicityMark Roesler, Term, Breadth, and WaivabilityJeremy Sheff, Scope and Justification of the Right of PublicityMark P. [read post]
11 Feb 2017, 7:09 am by Rebecca Tushnet
Dogan: compare here w/Europe—is the thought process of designers different w/an assumption of robust protection? [read post]
9 Jan 2017, 7:54 am by Rebecca Tushnet
  Mark Lemley and Stacey Dogan, among others, have argued that this shouldn’t be understood as trademark use, but at the very least it has both commercial and message-delivering aspects. [read post]
29 Jun 2015, 9:28 am by Rebecca Tushnet
Session 2: Establishing the Features of the Consumer The UK courts have in recent years been quite explicit that the consumer is a normative construct, a fiction, and a benchmark. [read post]
29 Jun 2015, 4:34 am by Rebecca Tushnet
   Trademark Directive/int’l legislation: term consumer isn’t present; it’s the “public” who is protected against likely confusion. [read post]
25 Mar 2015, 3:30 am by Stacey Dogan
Stacey Dogan The law of intermediary liability in intellectual property reflects a constant struggle for balance. [read post]