NDLScholarship

Title

Brief of Amici Curiae Intellectual Property Law Professors in Favor of Judgement as a Matter of Law

Authors

Mark McKenna, Notre Dame Law SchoolFollow
Rebecca Tushnet, Harvard Law SchoolFollow
John A. Conway, Counsel for AmiciFollow

Document Type

Brief

Publication Date

6-8-2017

Abstract

Plaintiff’s false designation of origin and false endorsement claims, such as they are, rest on the assertion that defendants falsely represented themselves as the origin of intellectual property on which the Oculus Rift is based. Those claims are barred by Dastar v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), which holds that only confusion regarding the origin of physical goods is actionable under the Lanham Act.

Comments

Identity of Amici Curiae

Stacey Dogan
Boston University School of Law

Leah Chan Grinvald
Suffolk University Law School

Michael Grynberg
DePaul College of Law

Mark P. McKenna
Notre Dame Law School

Jessica Silbey
Northeastern University School of Law

Rebecca Tushnet
Georgetown Law

Recommended Citation

Brief of Amici Curiae Intellectual Property Law Professors in Favor of Judgement as a Matter of Law, Zenimax Media, Inc. v. Oculus VR, No. 3:14-cv-01849-K, (N.D. Tex. June 8, 2017).