Cort Welch

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Linking to the Past: Week of October 13

WikiLeaks released another draft of the Trans-Pacific Partnership’s intellectual property chapter. As you might have guessed, many are displeased. Congratulations, European librarians! You can digitize your books without infringing copyrights. Access to the internet does not imply access to a given copyrighted work. Google Google: verbification isn’t enough to make a trademark generic. Be careful when aiming for “green” marks. Is it a retro sneaker, or is it a Chuck Taylor? And where.. Read More

Publicity Rights in Major College Sports Telecasts: To Whom Do They Belong?

“Whether Division I student-athletes hold any ownership rights in their athletic performances does not depend on the scope of broadcasters’ First Amendment rights but, rather, on whether the student-athletes themselves validly transferred their rights of publicity to another party.” – U.S. District Judge Claudia Wilken, Pre-Trial Ruling In Marshall v. ESPN, NCAA student-athletes are testing just how much clout Judge Wilkin’s words have. The suit, which is primarily a right of publicity claim.. Read More

A ®ose By Any Other Name

A successful trademark can provide more than just brand recognition or notoriety. In fact, Forbes reports that the 10 most valuable trademarks have a collective worth of over $300 billion. That figure is greater than the GDP of all but the 44 wealthiest countries in the world. Clearly that little ® can mean something, but as renowned economist Christopher Wallace notes, “more money regularly entails more problems.” Even the mere pursuit of the.. Read More

Linking to the Past: Week of September 29

Fresh off Eliza’s and Prof. Sprigman’s discussion of sampling, LMFAO argues that “Every day I’m shufflin’” constitutes fair use of Rick Ross’ “Every day I’m hustlin’.” Good luck trademarking McAnything. The TTAB is pretty sure you’ll just be confused for McDonald’s. UK copyright law finally allows for parody and pastiche of copyrighted material, so long as the judge likes it. (via IPKat) California state copyright law may give owners general performance rights for pre-1972.. Read More

Loser Pays in Patent Litigation?

With the America Invents Act and its overhaul of U.S. patent system just barely behind us, Congress has introduced eleven bills for further reform this year. Each of these bills addresses the abusive litigation tactics of certain patent plaintiffs—the so-called “patent troll problem”—to some degree, though the bills consistently fail to adequately define who is or is not among the trolls. Highlighting the apparent urgency of the problem (or so goes the optimistic.. Read More

Privacy Papers, Part 6 – Michael Kasdan (@michaelkasdan) has shared a tweet with you

The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 6. Privacy Papers – Michael Kasdan (@michaelkasdan) has shared a tweet with you From: privacy-papers@googlegroups.com [mailto:privacy-papers@googlegroups.com] On Behalf Of Michael Kasdan Sent: Wednesday, August 21, 2013 To: privacy-papers@googlegroups.com Subject: Michael Kasdan (@michaelkasdan).. Read More

Privacy Papers, Part 5 – The Federalist Papers on Privacy – Intermezz.

The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 5. Privacy Papers – The Federalist Papers on Privacy – Intermezz. From: Michael Kasdan Sent: Wednesday, August 21, 2013 To: Michael Kasdan Subject: Federalist Papers Quote More food for thought: “The advancement.. Read More

Privacy Papers, Part 4 – 1.1 – The End of Privacy? Like It’s 1999…

The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 4. Privacy Papers – 1.1 – The End of Privacy? Like Its 1999… From: privacy-papers@googlegroups.com [mailto:privacy-papers@googlegroups.com] On Behalf Of Michael Kasdan Sent: Thursday, August 22, 2013 To: privacy-papers@googlegroups.com Cc: Chana Subject: Privacy.. Read More

Privacy Papers, Part 3 – 1.0

The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 3. Privacy Papers – 1.0 From: Michael Kasdan Sent: Monday, August 19, 2013 To: privacy-papers@googlegroups.com Cc: Michael Kasdan Subject: Privacy Papers – 1.0 Welcome to The Privacy Papers (Friend us on Facebook!!.. Read More

Privacy Papers, Part 2 – Kicking Off… (!!)

The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 2. Privacy Papers – Kicking Off From: Michael Kasdan Sent: Sunday, August 18, 2013 To: privacy-papers@googlegroups.com Subject: The Privacy Papers — Kicking Off… (!!) #Privacy Papers Take One: The Roster (AKA Who.. Read More