Re: "hot news" myth

From: Dan L. Burk <BURKDANL[_at_]shu.edu>
Date: Fri, 30 May 1997 10:30:42 -0400

Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> Query: If the Florida statute at issue in Bonito Boats v. Thunder
> Craft Boats had been a misappropriation statute, would the result
> have changed?

I assume that you are using "misappropriation" in a very narrow sense here -- because the plug mold statute essentially *was* a misappropriation statute (reaping where you haven't sown, etc., etc.)

But even in the narrower sense: no. Remember that Sears and Compco were based on "misappropriation" statutes, too.

---

Dan L. Burk
Seton Hall University
burkdanl[_at_]shu.edu

---

Received on Fri May 30 1997 - 14:29:36 GMT