@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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I often get asked to suggest speakers for design patent CLE panels and the like.

If you know of anyone--especially women or people of color--who are knowledgeable in this area, please let me know and I'll add them to my list. Self-nominations welcome!

design_law, to random
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Kohler v. Sweethome - New design patent complaint that, at least on its face, appears to have a number of meritorious claims: https://design-law.tumblr.com/post/726448048493019136/does-this-faucet-infringe-this-design-patent

design_law, to random
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If you can stomach it, this complaint is a stunning example of how far we haven't come.

Wright tries to DARVO these defendants but only makes himself look worse:

https://abovethelaw.com/2023/08/ex-law-professor-sues-former-students-for-108m-over-sexual-harassment-allegations/

design_law, to random
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Does anyone have a good, short explainer/post on why a user might not be able to see all the likes/favorites, boosts, and replies for someone else's post?

It's come to my attention that a lot of people here aren't aware of this feature of the fedi and I think it might be helpful information to share.

Thanks in advance!

design_law, to academicchatter
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Any rhetoric profs or other experts out there?

I'm looking for something to cite for the proposition that what we call things/how we label things actually matters.

Are there authoritative basic treatises, articles, books I should be looking at?

Recommendations (including self-citations) most appreciated!

@academicchatter

design_law, to random
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Okay, : What are your current favorite law-related follows, hashtags, and bots? Where would you point anyone who is interested in law and new to the fedi?

design_law, to ai
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Went to check my docket alerts and saw that Lexis has put up an announcement about AI.

design_law, to legal
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Question for everyone out there who is interested in the law:

What types of content makes a social-media platform useful or valuable for you?

What types of law-related content would you like to see more of in the fedi?

design_law, to random
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So Bluesky is congratulating itself on how awesome it thinks its custom feeds feature is:

https://blueskyweb.xyz/blog/7-27-2023-custom-feeds

And yeah, in theory, it's a cool idea.

But you still need coding expertise (which they now downplay as "a bit of developer familiarity") to make one.

And all the while, people complain that the fedi is "too difficult" to use.

design_law, (edited ) to random
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So if anyone is interested the legal issues around giving up trademarks, here's the main case I teach on that:

https://law.justia.com/cases/federal/appellate-courts/F2/695/96/443500/

Update: Today, the Lanham Act provides that "[n]onuse for 3 [not 2] consecutive years shall be prima facie evidence of abandonment."

https://www.law.cornell.edu/uscode/text/15/1127

design_law, to random
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Happy weekend! What are we reading, watching, and listening to for fun?

design_law, to random
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To all the friends who have come back around to the fedi this week: Welcome! I'm happy to see you.

design_law, to random
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If you've never had to check every social media site you join to see if your abusive ex is on it: Count yourself lucky.

design_law, to photography
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Spring in Boston: Not bad. Not bad at all.

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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I talk quite a bit about on here.

If you're interested in learning more, I just posted a draft of my working paper on the topic, "The Counterfeit Sham": https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

This paper includes a discussion of the litigation model, the border-seizure bill that some want to resurrect in Congress & "terrorism" talk.

design_law, (edited ) to random
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Will GM file a cert petion?

design_law, to random
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Some more assorted thoughts on :

design_law,
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  1. The "thousands of existing design patents are now at risk!" critique is not nearly as damning as some lawyers seem to think it is. That's what happens whenever the law changes. Move on.
design_law, to random
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We are reconvening our all-star panel to discuss the decision in . Please join us next Tuesday, June 4, 2024 at noon Eastern via Zoom.

More details and the (free) registration link here:

https://events.suffolk.edu/event/design-patents-after-the-en-banc-decision-in-lkq-v-gm

design_law, (edited ) to academicchatter
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Fellow profs (especially law profs), I'm curious:

If you wanted to find all the articles a particular scholar had written, how would you go about doing that?

#LawProfs #LegalScholarship #LawFedi

@academicchatter

design_law, to random
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Another good joinder decision, this time out of SDFL.

design_law,
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But there's more!

"Defendants are collectively engaged in counterfeiting activities, operating under fictitious names and are all based in China."

Okay, first of all, you have not alleged--let alone proven--any counterfeiting.

Second, the fact that they're all (allegedly) from China doesn't support joinder.

design_law,
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@rticks It's basically a shakedown scheme. Some of the targets may actually be infringers. But not necessarily. And even when/if they are, these plaintiffs appear to be demanding more (sometimes, much more) than the amount of damages they could recover in regular litigation.

For more details, see Part II(B) here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

design_law, to random
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Nope, no infringement. Homy Casa Limited v. Jili Creation Technology Co., Ltd., 2:24-cv-00763, (W.D. Pa. May 23, 2024).

design_law,
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LKQ is actually a good example to use on the question of "how close is too close?" If these references aren't enough to anticipate, that chair is definitely not close enough to infringe. http://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.5-21-2024_2321050.pdf

design_law, to random
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Bloomberg Law on , featuring some quotes from yours truly:

https://news.bloomberglaw.com/ip-law/new-design-patent-test-creates-uncertainty-over-whats-obvious

design_law,
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Another example of :

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