Overlawyered » Design Piracy Prohibition Act http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 18:22:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 July 26 roundup http://overlawyered.com/2011/07/july-26-roundup/ http://overlawyered.com/2011/07/july-26-roundup/#comments Tue, 26 Jul 2011 14:55:23 +0000 Walter Olson http://overlawyered.com/?p=24014
  • Murder victim’s family sues Schwarzenegger for commuting sentence [KTXL]
  • Easter egg in Dodd-Frank: Lawmaker’s pet “conflict minerals” proposal, to be enforced by SEC [Protess] More on costs to automakers and others: WLF, Carter Wood, more. Further: Bader.
  • Push is on again for fashion design copyright protection [NYT, earlier] Another skeptical view of bill [Katy Tasker, Public Knowledge]
  • Charges dropped against woman who videotaped cops from her front yard [Rochester D&C]
  • “Mom Charged with ‘Child Endangerment’ When Tot Wanders Off” [Free-Range Kids]
  • Live off the land? Better not try that in rural L.A. County [Cavanaugh]
  • Does the U.S. maintain diplomatic relations with this strange realm of “Gould, Arkansas”? [Volokh, Underhill/Forbes]
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    ]]>     http://overlawyered.com/2011/07/july-26-roundup/feed/ 4     August 21 roundup http://overlawyered.com/2010/08/august-21-roundup/ http://overlawyered.com/2010/08/august-21-roundup/#comments Sat, 21 Aug 2010 12:15:24 +0000 Walter Olson http://overlawyered.com/?p=18962
  • More criticism of $671 million California nursing home verdict [Tracy Leach/Examiner, California Civil Justice, earlier]
  • Community service as precondition for college tax credits? [Charlotte Allen/Minding the Campus, earlier]
  • Casket-making monks vs. Louisiana funeral regulators [Ken at Popehat]
  • Careful about repeating claims that bad stuff in the environment is causing children to go through puberty earlier [Sanghavi, Slate]
  • Grilled chicken: “California Restaurants Lose Appeal On Cancer Warnings” [Dan Fisher/Forbes, earlier]
  • Randy Maniloff on the uncertain foundations of insurance bad faith law [Mealey's, PDF]
  • “Why Imitation Is the Sincerest Form of Fashion” [Raustiala/Sprigman, NY Times, earlier on design "knockoff" legislation here, here, and here]
  • On a personal note, this week I completed my relocation from the New York to the Washington, D.C. vicinity. I look forward to seeing more of my friends both at the Cato Institute’s offices and elsewhere around D.C.
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    ]]>     http://overlawyered.com/2010/08/august-21-roundup/feed/ 3     “The Dangers of Copyrighting Fashion” http://overlawyered.com/2010/04/the-dangers-of-copyrighting-fashion/ http://overlawyered.com/2010/04/the-dangers-of-copyrighting-fashion/#comments Fri, 23 Apr 2010 13:01:05 +0000 Walter Olson http://overlawyered.com/?p=17080 Eduardo Peñalver (Cornell) and Sonia Katyal (Fordham) discuss at the American Constitution Society’s ACSblog. Earlier on the Design Piracy Prohibition Act here and here.

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    ]]>     http://overlawyered.com/2010/04/the-dangers-of-copyrighting-fashion/feed/ 0     Return of the Design Piracy Prohibition Act http://overlawyered.com/2010/03/return-of-the-design-piracy-prohibition-act/ http://overlawyered.com/2010/03/return-of-the-design-piracy-prohibition-act/#comments Fri, 26 Mar 2010 16:22:24 +0000 Walter Olson http://overlawyered.com/?p=16674 A very dubious idea — federal legislation aimed at copycat producers who “knock off” fashion and apparel designs — rears its head again. (guest posters Kal Raustiala and Chris Sprigman at N.Y. Times “Freakonomics”, earlier).

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    ]]>     http://overlawyered.com/2010/03/return-of-the-design-piracy-prohibition-act/feed/ 5     More on fashion knock-off litigation http://overlawyered.com/2009/06/more-on-fashion-knock-off-litigation/ http://overlawyered.com/2009/06/more-on-fashion-knock-off-litigation/#comments Wed, 24 Jun 2009 11:45:48 +0000 Walter Olson http://overlawyered.com/?p=11927 From Kelly Taylor at Miss Trials (via Above the Law, Coleman). More on the proposed Design Piracy Prohibition Act here and here.

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    ]]>     http://overlawyered.com/2009/06/more-on-fashion-knock-off-litigation/feed/ 0     Fashion copyright bill, cont’d http://overlawyered.com/2009/06/fashion-copyright-bill-contd/ http://overlawyered.com/2009/06/fashion-copyright-bill-contd/#comments Tue, 09 Jun 2009 15:42:06 +0000 Walter Olson http://overlawyered.com/?p=11648 Our post on the proposed Design Piracy Prohibition Act, and the fear of many designers and producers that it could swamp them in litigation, has been getting a lot of visitor attention, particularly from craft site Etsy. More on the topic: Grim Reader, BoingBoing.

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    ]]>     http://overlawyered.com/2009/06/fashion-copyright-bill-contd/feed/ 1     Design Piracy Prohibition Act http://overlawyered.com/2009/06/design-piracy-prohibition-act/ http://overlawyered.com/2009/06/design-piracy-prohibition-act/#comments Fri, 05 Jun 2009 17:02:04 +0000 Walter Olson http://overlawyered.com/?p=11577 A bill to extend intellectual-property concepts — and litigation based on those concepts — into the world of fashion and design is pending in Congress. Kathleen Fasanella, whose Fashion Incubator site has done much to advance the CPSIA fight, warns the law will be enough to sink many small apparel and fabric firms that can’t afford lawyers to fight big firms’ infringement claims — and that it could spell an end to her own advisory/website business as well. “If CPSIA was an amputation, the Design Piracy Prohibition Act is a beheading.” A view in favor of the legislation: Counterfeit Chic. The Council of Fashion Designers of America, representing many big-name fashion design houses, has pushed for the bill, while “the largest industry group, the venerable American Apparel and Footwear Association” is opposed, predicting it will lead to “an environment of ubiquitous lawsuits between legitimate companies”.

    Update: Welcome ArtFire and Etsy readers. And an update with a link to a recent critical analysis of the proposal is here.

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