Category Archives: Intellectual Property

Crowdsourced Bibliography on IP and Distributive Justice

Professor Estelle Derclaye recently sparked a terrific email thread among IP professors about articles tackling IP from a distributive justice perspective. Here is a lightly edited list of the suggested works, roughly in chronological order, with links (open access, where possible) and, for somewhat arbitrarily selected works, short quotations or descriptions. If you have additions or corrections, feel free to email me or add them to the comments.William W. Fisher III, Reconstructing the Fair Use Doctrine, 101 Harv. L. Rev. 1659, 1756–60 (1988) ("[O]nly two of those theories [for distributing shares of the social pie] are defensible: a variant of the 'difference principle' popularized by John Rawls; and the proposition that unequal effort warrants unequal reward.").Molly Shaffer Van Houweling, Distributive Values in Copyright, 83 Tex. L. Rev. 1535 (2004) (arguing that copyright traditionally "subsidized creative opportunities for people who could….. To continue reading this legal news please click Read full information...

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TWiL 411: Teslas In Space!

Will Mickey Mouse get another copyright extension? Spotify is sued for $1.6 billion, YouTube copyright claims on white noise, Disney vs. Redbox, why Google's Arts and Culture artwork selfie feature won't work in Illinois and Texas, trademark battle over "Comic-Con", and more! Hosts: Denise Howell and J. Michael Keyes Guest: Margo Cruz Download or subscribe to this show at https://twit.tv/shows/this-week-in-law.Public list of discussion pointsTWiL on FacebookAttorneys may submit a self-study form to their local CLE board seeking MCLE credit approval. Please check the rules and requirements for your specific jurisdiction before submitting any forms. Special thanks to Nigel Clutterbuck for the TWiL theme music. Thanks to CacheFly for the bandwidth for this show. Sponsors:getgrammarly.com/twit trygrasshopper.com/twit.. To continue reading this legal news please click Read full information...

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Removing Unnecessary Rules at the PTO

As required by the Trump White House, the USPTO has continued its process of removing regulations that are “potentially outdated, unnecessary, ineffective, costly, or unduly burdensome to both government and private sector operations.”  Executive Order 13777.  In this newest proposal (NPRM), the office proposes eliminating the following: 37 CFR 1.79, which prohibits reservation clauses.  “i.e., it prohibits a pending patent application from containing a reservation for a future patent application of subject matter disclosed but not claimed in the pending application.” Although reservation clauses would not be prohibited, the PTO position is that “inclusion of a reservation clause provides no legal benefit.” However, I expect that it will take a bit of time to understand how this change would interact case-law on dedication and narrowing amendments. 37 CFR 1.127 is duplicative.  The regulation….. To continue reading this legal news please click Read full information...

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CAFC finds that CD Cal failed to provide a “full and fair opportunity to ventilate the issues.”

The opinion beginsDefendant Zinus, Inc., appeals from a summaryjudgment entered in favor of plaintiff Cap Export, LLC,and third-party defendants Abraham Amouyal and4Moda Corp. (collectively, “Cap Export”) by the UnitedStates District Court for the Central District of California.The district court ordered Zinus, the owner of U.S. PatentNo. 8,931,123 (“the ’123 patent”), to file a motion forsummary judgment of validity of that patent. Followingbriefing, the court held two of the asserted claims ofZinus’s patent invalid for obviousness. The court thendismissed all of Zinus’s counterclaims with prejudice. Wevacate the district court’s summary judgment and remandfor further proceedings.Of the issues leading to decision to vacate:On appeal, Zinus raises a number of objections to thedistrict court’s summary judgment ruling. Three ofZinus’s arguments are persuasive.First, the district court improperly granted summaryjudgment….. To continue reading this legal news please click Read full information...

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More Fair Use of the Super Bowl Trademark?

Downtown Minneapolis is starting to come alive for upcoming Super Bowl LII, you can feel the energy building and commerce flowing, new ads and signage being erected almost daily: What do you think, is the Super Bowl reference in the above temporary sign, a fair use? More particularly, nominative fair use? I do. But, will the NFL agree? Stay tuned. The post More Fair Use of the Super Bowl Trademark? appeared first on DuetsBlog... To continue reading this legal news please click Read full information...

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