One Word: Tactics My main post on the “Dark Horse” case14Which, remember, is way too early because the post-trial motions are still pending. focused on the very thin evidence of access. To my mind, that’s what the case should be reversed on. But something else has...
IP360 commissioned Rick to write an article about U.S. design law, which is best described as an awkward patchwork, through the lens of Texas antitrust case, of all things. That case involves traffic barriers and the Texas’ decision to require little V-cuts...
Our Way-Too-Early Hot Take About the “Dark Horse” Jury Verdict There was shock and indignation at the July 29 jury verdict that a song called “Dark Horse” infringed a rap song called “Joyful Noise.” The trial leading to the verdict lasted a week, but few of us...
What an Antitrust Case Can Teach Us About Design When I was in law school in the late 1990’s, it was an article of faith that the U.S. didn’t protect industrial design, but Europe did, and that’s why Europeans were so much better at it than Americans. Think, for...
Who, What, Why AND Where One of the peculiar features of the U.S. legal system is that, while certain fields are governed exclusively by federal law—i.e., law that applies everywhere in the U.S.—others are governed exclusively by state law. That means, obviously, that...
