@design_law@mastodon.social
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design_law

@design_law@mastodon.social

Art major turned law professor. Teaching #Patents, #DesignLaw & #CivPro at #SuffolkLaw.

Researching & writing about #DesignPatents. Currently thinking a lot about the #ScheduleA phenomenon.

Trying to make #PatentFedi happen.

Coauthor of Patent Law: An Open-Access Casebook https://patentlawcasebook.com/

When I'm not thinking about law, I'm usually studying languages (#español, #français & #svenska), reading novels, or watching Netflix.

#tfr

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design_law, to random
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If anyone is interested in how the DMCA process works, this is the flowchart (via @eff) that I like to use in class:

https://www.eff.org/issues/intellectual-property/guide-to-youtube-removals#dispute

design_law,
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@anderseknert @eff That is a bit too much for 500 characters....

design_law, to random
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So, I'm no Musk fan but this allegation is not a fair description of this tweet.

Musk didn't say the DMCA is "a plague on humanity."

He said: "Overzealous DMCA is a plague on humanity."

That's a very different statement.

https://storage.courtlistener.com/recap/gov.uscourts.tnmd.94999/gov.uscourts.tnmd.94999.1.0_1.pdf

#Copyright #LawFedi #DMCA

design_law, to random
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First thing that caught my eye: This #ScheduleA case was filed in EDVA.

Second thing that caught my eye: It was filed by Sterne Kessler.

https://www.scribd.com/document/652387507/XYZ-v-Schedule-A-1-23-cv-00673-E-D-Va-Complaint

#Trademarks #UtilityPatents

Date: May 23, 2023 Respectfully submitted, /s/ Monica Riva Talley Monica Riva Talley (VSB No. 41840) Nicholas J. Nowak (pro hac pending) STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 New York Ave., NW, Suite 600 Washington, DC 20005-3934 Telephone No.: (202) 371-2600 Facsimile No.: (202) 371-2540 mtalley@sternekessler.com nnowak@sternekessler.com Attorneys for Plaintiff

design_law,
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The complaint alleges trademark infringement (including, apparently, actual counterfeiting) as well as utility patent infringement.

How do I know it's a utility patent when they've hidden the patent number? Well, design patent claims aren't this long:

design_law,
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The judge granted a TRO in this case, including an asset freeze, and only required the plaintiff to post a $1,000 bond:
https://www.scribd.com/document/652394915/XYZ-v-Schedule-A-E-D-Va-Order-Granting-TRO-1k-Bond

design_law, to random
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Okay, creative writing brains of the Fediverse:

You know the expression about having your cake and eating it, too?

How could we modify that to talk about characterizing a remedy as equitable in one circumstance and legal in another? Or at least, trying to get the benefits of both.

I'm thinking something like: "Having your equitable cake and....." not sure on the legal part.

Any thoughts (including brainstorming) appreciated!

#AmWriting #Writing #LawFedi #LawProfs

design_law, to random
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Okay, I know this is NOT the point but I cannot get over how ugly this bathroom is:

design_law,
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@darren Oh, I'm here to talk about it. But also: You have a chandelier but also what appears to be a cheap plastic shower curtain on a cheap plastic rod and some off-brand tissues on the sink? Like, what?!?

design_law,
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@jbaggs @darren LUXURY

design_law, to random
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D82,422 - issued in 1930 for a design for a "dish or similar article." #DesignPatents

design_law, to random
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So one AMAZING thing about my current job is that, when I'm obsessed with something, I can organize a panel and bring in cool people to talk about it.

design_law, to random
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I smell billable hours:

design_law, to random
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On my reading list:

"Fifty Years of Patent Remedies Case Law: Two Steps Forward, One Step Back," by Thomas Cotter

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4144810

#PatentFedi #LegalScholarship #IPScholarship #Remedies

design_law, to random
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It's a SCOTUS opinion day.

Will today be #BadSpaniels day?

https://www.scotusblog.com/case-files/cases/jack-daniels-properties-inc-v-vip-products-llc-2/

#Trademarks #LawFedi #SCOTUS

design_law, to random
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OMG, people. If someone posts about their OWN LIVED EXPERIENCE, don't try to "correct" them.

design_law, to random
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It seems like every law school tells faculty candidates that their school is "collegial."

But, uh...that's not always the case.

How can a school that is actually collegial effectively convey that fact to faculty candidates?

#LawProfs #LawSchools #LawProfHiring

design_law,
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@mattblaze Yeah, the baseline point is a fair one. As is the implicit definitional point. Perhaps one answer is to share more specific examples/anecdotes about why one thinks theirs is a positive/healthy workplace?

Private
design_law,
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@nancylwayne @3goodthings Oh, that's good to know about Outlook. How did you reverse the change? Mine keeps nagging me to switch to the new and I have zero interest in doing so

design_law,
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@nancylwayne @3goodthings No worries. I'm just delighted to know it's there, somewhere

design_law,
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@nancylwayne @3goodthings Following up for anyone else who might be reading this thread. This worked for me: https://answers.microsoft.com/en-us/outlook_com/forum/all/switch-back-to-old-version-on-mac/fcbec6be-34eb-49f5-8e13-5a1ed99155cc

design_law, to random
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After two weeks, my strongest opinion about Bluesky is:

I really like it here in the Fediverse.

design_law, to random
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"[T]he rhetoric that a job is a passion or a 'labor of love' obfuscates the reality that a job is an economic contract. The assumption that it isn’t sets up the conditions for exploitation."

https://www.nytimes.com/2023/06/05/opinion/employment-exploitation-unions.html?unlocked_article_code=Sxq5a3bhEOgU9rfj0sEguVYtc0M3Oq6PASEPYkyGyrswLUaHBYgvgK-HNTco0qKG0jaieYZCZXk-S9OUN1GUDQOpCjF4mcTJRWP6Q_k1JnDpjqsnBbZ2wGww3yI4xnHDfPe1pfgzmIquMSnEu7fFIkB_E0xP3DwwsgZo_512j4tAv7amgRKiBNRbAIwbrCaYJopXF-jKLUC0W2aVctMVJ9YQta3QNO9Hx89xdwFUsi6qksPpz9Rkka6jNoeDGwd4EDOc_aXah7jZf7UhGUcIQsqMICxWX6ip9UH4n0XWxycEuEmJ_XyEv71mtNFh38R9qC323WIcRMW2QqSskff5N1j_4dpZ0hve7g&smid=url-share

design_law, to random
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D26,331 - issued in 1896 for a design for a "combined bidet and foot-bath." #DesignPatents

design_law, to random
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My academic friendship language is forwarding random stuff I come across that might be relevant to your current project.

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