Rick Sanders

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Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share You Acquired Their Assets, But Did You Get Their Copyrights? The legal equivalent of this— I’m gonna throw these copyrights through your defenses! Whoops, no I’m not. —is trying to assert rights you only think you have. You cock your arm back, ready to throw your rights accurately through your adversary’s…
Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share Whining About Wine The Winestore is a wine retailer based in North Carolina. And all it wants (for purposes of this discussion) is to sell a California cabernet sauvignon called OVERBROOK. The Winestore doesn’t make the wine, of course, but it appears that it’s the exclusive distributor. This means that…
Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share Copyright Claims Hardly Ever Go Away, But When They Do… The statute of limitations for copyright claims is three years from point from which you reasonably should have discovered the infringement. But if you file your copyright suit more than three years after that, “three years” will mean radically different things…
Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share One Word: Tactics My main post on the “Dark Horse” case1Which, 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 been bothering me: the “beat”…
Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share 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 where the barriers meet. Both the plaintiff and the…
Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share 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 song1Always described as a “Christian” rap song, but I’m unclear what the religion has to do with the legal or even…
Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share 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 example, of…
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 example, of the emphasis that Italians and French reputedly place on design. More accurately, several European countries had specific protection regimes for industrial design, and the…
Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share 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 there are fifty sets of laws11Plus laws of…
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 there are fifty sets of laws1 governing a given subject, including some of the heavy-hitters, like contract law. And it get’s worse. Sometimes federal law coexists with state law. Sometimes federal…