Big changes; my story "Thomas Dreams of Separability" (newly published by the Harvard Journal of Sports & Entertainment Law)

Posted by Charles Colman

So... In the nearly three years since my last post on this blog, there have been important changes in just about every area of law and life. Many of those changes will require little (additional) elaboration here. Other changes, like those involving my own professional and geographic moves and scholarly projects, require more explanation and narration from me -- both of which might be better suited to a new blog, for reasons to be discussed in the coming weeks.

Blog posts might be few and far between until my book, "Patents and Perverts," is finished, but...

Posted by Charles Colman

It's been an exciting few months for this writer: most notably, Cambridge University Press has agreed to publish my first scholarly monograph, Patents and Perverts: The Hidden Moral Agenda of American Design Law. (For a preview of the subject matter of the book, visit my NYU Law faculty profile page and click on the links to Parts 1 and 2 of a peer-reviewed piece to be published in late 2015 and early 2016 by Jurimetrics: The Journal of Law, Science, and Technology.

 

Cartier sues for copyright and design-patent infringement (and this shouldn't surprise anyone who's been reading this blog...)

Posted by Charles Colman

See, I keep telling you about the existence of copyright protection (or copyright pitfalls, depending on your perspective) in the fashion-design context, even under U.S. law.  In fact, the history and principles of American copyright-for-fashion are so messy idiosyncratic that my discussion of the subject will require a series of five articles, to be published in consecutive issues of the Harvard Journal of Sports and Entertainment Law, starting this summer.

Video of AU Law's 2015 "IP/Gender - Mapping the Connections" conference (including my talk on "Patents and Perverts") and more!

Posted by Charles Colman

The 2015 IP/Gender conference at American University's Washington College of Law was a smashing success; the video of the full event is posted here.  I presented "Patents and Perverts" -- now tentatively retitled "Design and Deviance" -- whose abstract is posted on SSRN.  If you're interested in my portion of the conference, if starts at the 5:02 mark.  (As always, Professor Rebecca Tushnet has done a wonderful public service by transcribing the event essentials.)

 

Also, in case you missed the Copyright Society's recent panel on IP-for-fashion (co-hosted with the NYU Law Media Collaborative), a video of that event is posted here.

 

Oh, and did you read this January 26th column on the "utility-design patent boundary" by my firm's Of Counsel, Yin Huang?  If not, you should check that out, too...

After literally years of waiting, we've finally gotten a ruling from the Ninth Circuit in the (second) Omega v. Costco appeal...

Posted by Charles Colman

But even after all this time, the majority opinion doesn't contain a holding on copyright misuse!!!

 

The still-amorphous equitable defense is, however, addressed in the much more in-depth opinion concurring in the judgment (which, appropriately, calls out the other two judges on the panel for basing their ruling on a legal issue not even in dispute at this point in the litigation -- the so-called "first sale" doctrine -- rather than the "copyright misuse" question that was actually briefed and argued before the appellate court.)

 

Analysis and commentary forthcoming...  (Sorry, it's a busy week; classes just started up again at NYU Law, and courses in other divisions of the university begin this coming Monday.)  [UPDATE (2/6/15): You know, I think I'm just going to have to share my thoughts on the Omega decision at this February 19th panel/CLE co-hosted by NYU Law and The Copyright Society of the USA.  Register ASAP!]