Friday, February 14, 2025

gray market material differences must come from products/warranties, not supply chain alone

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Toyota Motor Sales, U.S.A., Inc. v. Allen Interchange LLC, 2025 WL 465815, No. 22-cv-1681 (KMM/JFD) (D. Minn. Feb. 11, 2025) This discover...

delay bars ROP/Lanham Act claims when Facebook use was open and plaintiffs were aware of lots of unauthorized use

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Davalos v. Baywaych Inc., 2024 WL 5344434, 752 F.Supp.3d 416, No. 21-11075-NMG (D. Mass. Sept. 30, 2024) The caption seems to be a typo, b...
Monday, February 10, 2025

Dastar bars claim against allegedly false copyright/licensing claims used to extract money from public domain works

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McKenzie v. Artists Rights Soc., Inc., 2024 WL 4803870, --- F.Supp.3d ----, 2024 WL 4803870, 22 Civ. 1619 (JHR) (S.D.N.Y. Nov. 15, 2024) M...
Thursday, February 06, 2025

literal falsity can exist even if there's a strained "truthful" reading

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Kopp Development, Inc. v. Metrasens, Inc, No. 1:21cv1216, 2025 WL 371303 (N.D. Ohio Feb. 3, 2025) Metrasens and plaintiff KDI compete in t...
Tuesday, February 04, 2025

ambiguity over who was first African-American bourbon distiller in Kentucky dooms false advertising claim

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Victory Global, LLC v. Fresh Bourbon, LLC, 2025 WL 366626, No. 5:21-62-KKC (E.D. Ky. Jan. 31, 2025) After dealing with a motion to dismiss...
Monday, February 03, 2025

materiality surveys may not need controls

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In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., No. 14-MD-2542 (VSB), 2025 WL 354671 (S.D.N.Y. Jan. 30, 2025) This is a ...
Saturday, February 01, 2025

WIPIP: Copyright: Incentives and the Digital Age

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Tang, Creative Labor in the Age of Platform Capitalism Theories of expressive work and creativity: lead to idea that AI training itself is...

WIPIP: Innovation policy

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Michael Burstein, The Law of the Direction of Innovation Foundational texts: NBER Rate and Direction of Inventive Activity, and revisited....
Friday, January 31, 2025

WIPIP: Copyright: Infringement & Enforcement

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McFarlin, Restoring Joint Authorship We apply a separate accrual approach to © infringement: Petrella. But a one-time plain & express ...

WIPIP: IP for the Larger World

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Koo, De-Colonising Copyright Law Is fair use even possible outside the US? If we want to export fair use, what is it we actually want to e...

WIPIP Panel 2B Copyright: Authorship, Ownership

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Newman, Adoption as Authorship Concept of being an author: personally generating all the sensory signals other humans will process as part...

WIPIP, UNLV: TM Protectability

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Jeanne Fromer (with Beebe and Stein), An Empirical Picture of Trademark Law We are running out of competitively effective word marks. What...