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20th Anniversary Logo Institute for Intellectual Property & Information Law

 

FALL LECTURE

SPONSORED BY

James Gibson
Sesquicentennial Professor of Law

James Gibson
Sesquicentennial Professor of Law
University of Richmond School of Law

Click here for Professor Gibson's Richmond faculty listing

Click here for the Fall Lecture Invitation

November 17, 2022

6:15 P.M. LECTURE
7:00 P.M. RECEPTION

VENUE:
The Houston Club
910 Louisiana, Suite 4900 - HOUSTON

To RSVP or for further information, contact
ipil@uh.edu or 713.743.2180
One Hour of CLE Credit

James Gibson is the Sesquicentennial Professor of Law at the University of Richmond School of Law. He is also founder and former director of the School of Law’s Intellectual Property Institute. His scholarship has appeared in the Yale Law Journal, Virginia Law Review, Georgetown Law Journal, Texas Law Review, and UCLA Law Review, among other venues.

Professor Gibson is also a frequent commentator in the media and has been quoted in the New York Times, Wall Street Journal, National Law Journal, Slate, and Chronicle of Higher Education. He has been a visiting professor at the University of Virginia School of Law and is a recipient of the University of Richmond’s 2007 Distinguished Educator Award.

Prior to becoming a law professor, Professor Gibson served as attorney-adviser to Commissioner Michael Goldsmith for the U.S. Sentencing Commission and clerked for the Hon. Karen Nelson Moore, U.S. Court of Appeals for the Sixth Circuit. He received a B.A. from Yale University and his J.D. from the University of Virginia.

Selected Publications Include: Convergence and Conflation in Online Copyright, 105 Iowa Law Review 1027 (with Chris Cotropia) (2020); Rights Accretion Redux, 60 IDEA 45 (2019); Boilerplate’s False Dichotomy, 106 Georgetown Law Journal 249 (2018).

Uncoupling Trademark & Reputation

Reputation is sacrosanct in trademark law. If not for trademark’s exclusive rights, a company’s competitors could use its mark on their inferior products—and there goes both the company’s good reputation and the incentive to produce high-quality products in the first place. That’s the theory. In reality, however, the quality of a business’s goods and services is only one input into its reputation. And the other inputs, such as crowdsourced product ratings, advertising, lifestyle marketing, and disinterested-but-not-really influencers, are both widely used and rife with distortions. This talk catalogs the effects of these distortions and examines the consequences for trademark law of the uncoupling of reputation and quality.

PRIOR LECTURERS

AMELIA SMITH RINEHART2021 AMELIA SMITH RINEHART, West Virginia University College of Law
Navigating Multiplexed Technology Transfer

JORGE L. CONTRERAS2020 JORGE L. CONTRERAS, University of Utah S.J. Quinney College of Law
Anatomy of an Intellectual Property Movement: The Open COVID Pledge

  2018 TIMOTHY R. HOLBROOK, Vice Provost for Faculty Affairs, Emory University; Asa Griggs Candler Professor of Law, Emory University School of Law
3D Printing, Digital Patent Infringement, and Its Implications2019 SARAH BURSTEIN, University of Oklahoma College of Law
Toward a Normative Theory of Design Patents

  2018 TIMOTHY R. HOLBROOK, Vice Provost for Faculty Affairs, Emory University; Asa Griggs Candler Professor of Law, Emory University School of Law
3D Printing, Digital Patent Infringement, and Its Implications2018 TIMOTHY R. HOLBROOK, Emory University School of Law
3D Printing, Digital Patent Infringement, and Its Implications

 2017 JOHN R. THOMAS, Georgetown University Law Center
The End of Patent Medicines? Exploring the Rise of Regulatory Exclusivities

Daniel Chow2016 DANIEL C.K. CHOW, The Ohio State University - Moritz College of Law
Trademark Squatting in China

RUTH OKEDIJI2015 RUTH OKEDIJI, University of Minnesota Law School
Inventing Intellectual Property: Source Disclosure for Genetic Patent Rights?

Dennis D. Crouch2014 DENNIS D. CROUCH, University of Missouri School of Law
Clarifying Patent Scope

Elizabeth A. Rowe2013 ELIZABETH A. ROWE, Levin College of Law, University of Florida
Intellectual Property and Information Control

The Honorable Jimmie V. Reyna2012 THE HONORABLE JIMMIE V. REYNA, United States Court of Appeals for the Federal Circuit
The U.S. Court of Appeals for the Federal Circuit: Immediate and Future Challenges

Robert Brauneis 2011 ROBERT BRAUNEIS, George Washington University Law School
Trademark Infringement, Dilution, and the Decline in Sharing of Famous Brand Names

Jane Winn 2010 JANE K. WINN, University of Washington School of Law
Information Security as a Governance Challenge

Gregory N. Mandel2009 GREGORY N. MANDEL, Temple University Beasley School of Law
Patently Nonobvious: The Impact of Hindsight Bias on Patent Decisions

Bagley2008 MARGO A. BAGLEY, University of Virginia School of Law
Illegal, Immoral, Unethical… Patentable? Issues in the Early Lives of Inventions

Clarisa Long2007 CLARISA LONG, Columbia University School of Law
The Political Economy of Intellectual Property Law

John Duffy2006 JOHN F. DUFFY, George Washington University Law School, Washington, D.C.
The Invention of Invention: A History of Nonobviousness

Dan Burk2005 DAN L. BURK, University of Minnesota Law School, Minneapolis
The Problem of Process in Biotechnology

David Franklyn2004 DAVID J. FRANKLYN, University of San Francisco School of Law
The Anti-Free Rider Principle in American Trademark Law

2003 WILLIAM F. LEE, Hale & Dorr LLP, Bosto2003 WILLIAM F. LEE, Hale & Dorr LLP, Boston
Attorney-Client Privilege and Willful Infringement

HON. PAUL MICHE2002 HON. PAUL MICHEL, U.S. Court of Appeals for the Federal Circuit, Washington, D.C.
Predicting the Scope of Patent Protection: Construing Literal Claim Scope and Determining Available Equivalents

2001 YSOLDE GENDREAU2001 YSOLDE GENDREAU, Université de Montreal, Quebec
The Exportation of Copyright Models: The Retransmission Right and the Internet

2000 JERRE B. SWANN2000 JERRE B. SWANN, Kilpatrick Stockton LLP, Atlanta
Trademark Dilution for the Year 2000

1999 JOSEPH STRAUS1999 JOSEPH STRAUS, Max Planck Institute for Foreign and International Patent, Copyright and Competition Law, Munich
Multinational Patent Enforcement: Problems and Solutions

1998 JOHN R. THOMAS1998 JOHN R. THOMAS, George Washington University Law School, Washington, D.C.
Transnational Patent Litigation

1997 HON. NANCY LINCK1997 HON. NANCY LINCK, U.S. Patent and Trademark Office, Washington, D.C.
Patent Prosecution for the New Millennium

GLENN ARCHER



1996 CHIEF CIRCUIT JUDGE GLENN ARCHER, CIRCUIT JUDGE PAULINE NEWMAN, AND SENIOR CIRCUIT JUDGE EDWARD SMITH, U.S. Court of Appeals for the Federal Circuit, Washington, D.C.
Perspectives on Patent Law from Three Federal Circuit Judges

DONALD S. CHISUM1995 DONALD S. CHISUM, CHISUM ON PATENTS
The Allocation of Decisional Responsibility Between Judge and Jury in Patent Trials

JOHN PEGRAM1994 JOHN PEGRAM, Davis, Hoxie, Faithfull & Hapgood LLP
Complexity and Cost in Patent Litigation