Excited to share my review of @cbseaman & Tran on board game innovation. They challenge the binary btw full-IP and negative space industries: most are hybrids.
But what can this industry tell us about whether an innovation regime strikes the right balance? Thoughts linked below
Check out our latest Iowa Law Review Online piece, "Hybrid Innovation Regimes: The Interplay of IP and Non-IP Protections" by BJ Ard. You can read this Response Piece here: ilr.law.uiowa.edu/online/vol…
oh no @distractify every single sentence in this piece is wrong
why do you want to make trademark lawyers cry
please do research next time?
distractify.com/p/why-cant-c…
my annual reminder that trademark law has a doctrine called nominative fair use, which allows speakers to use TMs to reference brands in describing their own goods/services--like "we clean UGG boots" or "charger compatible w/ iPhone 15" or "wings half off on superbowl sunday"
we all know @nfl is aggressive in policing its SUPER BOWL trademark. it also has federal registrations for “super sunday,” “gameday,” “back to football,” “1st and goal,” & over 100 other marks.
tinyurl.com/y2y2y6yn
This is a quick thread for people trying to keep up with international platform liability law developments. I used to do that myself, but there is just too much! But here are some things to keep an eye on and people who know more. 1/
Thoughtful thread below on why path breaking academic papers might have a hard time getting accepted in journals. A reason to think through how better to sift through and elevate intriguing preprints, when attention, rather than paper or distribution, is the material constraint.
ALT The law has long accommodated new technologies within existing legal frameworks. See, e.g., Kyllo v. United States, 533 U.S. 27, 33-40, 121 S.Ct. 2038, 150 L.Ed.2d 94 (2001) (holding that the use of thermal imaging technology can constitute a search under the Fourth Amendment); Thyroff v. Nationwide Mut. Ins. Co., 8 N.Y.3d 283, 292-93, 832 N.Y.S.2d 873, 864 N.E.2d 1272 (2007) (treating electronic records as property equivalent to physical records for the purposes of conversion). We see no reason to depart from this traditional approach here. Determining the ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.
The Disputed Accounts should be treated in the first instance like any other form of property. This includes determining the original owner. See Pierson v. Post, 3 Cai. 175 (N.Y. 1805) (determining original owner of a fox)...
1/n: There are some academic papers that are so brilliantly and so accessibly written and so universal in scope that they transcend disciplines and stand as timeless testaments to both great thinking and great writing. Here's a short personal selection:
📖📚New book alert!🚨🔔
"Research Handbook on Law & Technology" edited by @oliakanevskaia, Bartosz Brożek, and yours truly has just been published by @ElgarPublishing@Elgar_Law 😍
Beyond thrilled to share that my first book, "The Privacy Fallacy: Harm and Power in the Information Economy" is now in production with @CambridgeUP. In a world where data is the lifeblood of the economy, figuring out how to protect people from data harms is paramount 1/
I'll be teaching a seminar on "property theory" for the first time in the fall. I'd appreciate any suggestions about what to assign. I'm particularly interested in classic/critical takes & articles in the "stories" mode. On the shorter side is a plus!
🌀 Spiral Learning
Lawyers are constantly learning new topics & tasks. In law school we try to teach "how to think like a lawyer" but also "how to learn like a lawyer."
One of my favorite learning techniques is sometimes called "spiral learning":