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!]