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Articles by Jess Robinson

Jess Robinson is a 2L at WCL with interests in IP and Environmental Law. He studied Linguistics and Japanese at the University of Texas and is currently fascinated with how IP protection provides both an incentive for creative thought and a hindrance for its dissemination.

Rosetta Stone v. Google: Applying Trademark’s Functionality Doctrine
April 16, 2012 – 11:31 AM | 5150One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F16%2Frosetta-stone-v-google-applying-trademarks-functionality-doctrine%2FRosetta+Stone+v.+Google%3A+Applying+Trademark%27s+Functionality+Doctrine2012-04-16+15%3A31%3A34Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5150
Rosetta Stone v. Google: Applying Trademark’s Functionality Doctrine

The Fourth Circuit reopened the Rosetta Stone v. Google case last week, vacating a summary judgment ruling in favor of Google. If the case proceeds to trial, the issue will be whether Google infringes upon others’ trademarks when it sells associations to those marks to third-party competitors.

The CCI and the Copyright Conspiracy
April 8, 2012 – 9:44 AM | 50554 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F08%2Fthe-cci-and-the-copyright-conspiracy%2FThe+CCI+and+the+Copyright+Conspiracy2012-04-08+13%3A44%3A13Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5055
The CCI and the Copyright Conspiracy

Last week, the Center for Copyright Information made some announcements that seemingly show it trying to balance business and consumer interests. There’s fuss that consumers should be more heavily represented in the CCI, but it’s only because the CCI is claiming to wield the market’s Internet access privileges.

Facebook Asserts “Book” as a Trademark
April 1, 2012 – 2:41 PM | 50233 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F01%2Ffacebook-asserts-book-as-a-trademark%2FFacebook+Asserts+%22Book%22+as+a+Trademark2012-04-01+18%3A41%3A16Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5023
Facebook Asserts “Book” as a Trademark

Facebook plans to add “book” to its user agreement’s list of terms for which it asserts trademark protection. Though the listing is not significant in itself, the likelihood of courts actually granting Facebook protection for this shows the strength of its brand within the context of social networking websites.

Pepsi and Oatmeal: Choices of Generations
March 26, 2012 – 11:13 AM | 4992No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F03%2F26%2Fpepsi-and-oatmeal-choices-of-generations%2FPepsi+and+Oatmeal%3A+Choices+of+Generations2012-03-26+15%3A13%3A03Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4992
Pepsi and Oatmeal: Choices of Generations

The maker of an instant oatmeal named Better Oats is running Internet ads using a familiar slogan from the 1980s. The ads claim it’s “the choice of a new generation,” which would be bold considering it’s only oatmeal, except that last generation’s choice was only Pepsi.

In-N-Out Redux: So-Cal Burgers in Shanghai
February 20, 2012 – 12:05 PM | 4821One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F02%2F20%2Fin-n-out-redux-so-cal-burgers-in-shanghai%2FIn-N-Out+Redux%3A+So-Cal+Burgers+in+Shanghai2012-02-20+17%3A05%3A15Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4821
In-N-Out Redux: So-Cal Burgers in Shanghai

In‑N‑Out Burger is a privately-owned regional burger restaurant, and sometimes its admirers fan out and open knock-off restaurants. CaliBurger in Shanghai is arguably one such knock-off, but In‑N‑out can’t control this use of its brand under international law if the brand isn’t well known in Shanghai.

Triple Town v. Yeti Town: Copyright Infringement in Videogames
February 17, 2012 – 6:00 AM | 4800No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F02%2F17%2Ftriple-town-v-yeti-town-copyright-infringement-in-videogames%2FTriple+Town+v.+Yeti+Town%3A+Copyright+Infringement+in+Videogames2012-02-17+11%3A00%3A56Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4800
Triple Town v. Yeti Town: Copyright Infringement in Videogames

Case precedent shows courts can be reluctant to grant relief from copyright infringement to videogame makers. In the past they have ruled out videogames as mostly unprotected ideas and not copyrightable expressions, but would this change as videogames become more complex and their ideas can be expressed in different ways?

Poland, ACTA, and “Blackmail” Protesting
January 28, 2012 – 3:20 PM | 471318 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F28%2Fpoland-acta-and-blackmail-protesting%2FPoland%2C+ACTA%2C+and+%22Blackmail%22+Protesting2012-01-28+20%3A20%3A48Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4713
Poland, ACTA, and “Blackmail” Protesting

Polish citizens protested this week to their government signing onto ACTA, voicing concerns that the adoption of its provisions would shift so much power to copyright holders that the people’s fundamental rights to digital privacy would be impaired. With the government going forward anyway, what will the protests accomplish?

Ron Paul Sues YouTube Users for Endorsing Him at Jon Huntsman’s Expense
January 25, 2012 – 6:26 PM | 468830 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F25%2Fron-paul-sues-youtube-users-for-endorsing-him-at-jon-huntsmans-expense%2FRon+Paul+Sues+YouTube+Users+for+Endorsing+Him+at+Jon+Huntsman%27s+Expense2012-01-25+23%3A26%3A46Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4688
Ron Paul Sues YouTube Users for Endorsing Him at Jon Huntsman’s Expense

Ron Paul’s political campaign filed a trademark infringement claim against a YouTube user whose video endorses Paul but inappropriately questions Huntsman’s allegiance because of ties with China. Is the video of “commercial use,” and is Paul’s claim viable?

Brave: Pixar’s Ode to Atlanta Baseball
January 4, 2012 – 4:59 PM | 4622One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F04%2Fbrave-pixars-ode-to-atlanta-baseball%2FBrave%3A+Pixar%27s+Ode+to+Atlanta+Baseball2012-01-04+21%3A59%3A08Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4622
Brave: Pixar’s Ode to Atlanta Baseball

The owner of the Atlanta Braves objected to the PTO over Disney registering “Brave” as the title of its next Pixar movie. It seems ridiculous to argue consumers would confuse the movie with the baseball team, but maybe the baseball team owner is just trying to not abandon its mark.

Brewery Battles and Upper-Level Employee Woes
November 22, 2011 – 1:05 PM | 44903 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F11%2F22%2Fbrewery-battles-and-upper-level-employee-woes%2FBrewery+Battles+and+Upper-Level+Employee+Woes2011-11-22+18%3A05%3A47Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4490
Brewery Battles and Upper-Level Employee Woes

The maker of Sam Adams beer is taking an ex-employee to court for leaving to go work for another brewery. The viable trade secret misappropriation claim shows there’s a cost for having worked hard and been promoted: you can’t use your expertise if doing so would spill company secrets.

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Copyright »

Piracy, Pornography and Conspiracy: How Judges Are Standing Up to Copyright Trolls

Piracy, Pornography and Conspiracy:  How Judges Are Standing Up to Copyright Trolls

In an attempt to secure large settlements from as many parties as possible, the adult entertainment industry has been joining individuals from the same district who illegally downloaded the same film in a single claim as co-conspirators. This enables them to discover Doe-defendants’ identities and get them to settle rather than be a party in a pornography suit. It worked for a while, but there is a problem, the defendants aren’t co-conspirators.

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Patents »

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

Yesterday, the Court of Appeals for the Federal Circuit upheld a jury verdict invalidating Leader Technologies, Inc.’s patent on an online networking system. A reversal may have put Facebook in jeopardy.

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Trademark »

Fake Coachella Merchandise Banned at the Festival

Fake Coachella Merchandise Banned at the Festival

This year’s Coachella music festival has its share of intellectual property issues. Attorneys for the festival have recently cracked down on counterfeit goods and asked a federal court judge to issue a preliminary injunction against certain vendors.

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The IP Brief is currently accepting submissions. We are looking for papers that address a legal topic relating to any area of intellectual property. Please submit completed papers and a cover page with the name and title of the article to ipbrief [at] wcl.american.edu. Any questions can also be sent to this e-mail address.

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