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Recent Posts
- Protecting Creativity with a Bottle of Jack on the Floribama Shore (and tiny JDI oral argument observations)
- Another digital “buy” button case survives motion to dismiss
- Supplement guide was plausibly an agent of supplement company; direct and secondary liability available
- “GoodBelly” and “GoodHealth” plus label plausibly communicate net digestive health benefits
- Call for papers: Trademark and Unfair Competition Scholarship Roundtable 2023
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Monthly Archives: February 2023
Trademark question of the day, Harvard edition
When I was younger, I had a shirt that had VE RI OLD in the traditional Harvard shield configuration. The local burrito place just rolled these out, and I love them: from Blogger http://tushnet.blogspot.com/2023/02/trademark-question-of-day-harvard.html
COVID-related communications are ads where they tout D’s services
Steven A. Conner DPM, P.C. v. Fox Rehabilitation Servs., P.C., 2023 WL 2226781, No. 2:21-cv-1580-MMB (E.D. Pa. Feb. 24, 2023) Conner is a podiatrist who uses a fax machine at his practice for treating patients, primarily as a communication destination … Continue reading
Fourteenth Trademark Scholars’ Roundtable, part 3 (Evidence)
Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Sometimes rejecting surveys seems like judicial notice—“cola” as generic; the court doesn’t want to hear contrary survey evidence. Some objections … Continue reading
Fourteenth Trademark Scholars Roundtable, part 2
Session 2: Responding to Anachronisms Introduction: Mike Grynberg VIP may tell us a lot about what the potentials are. Incrementalism: read Lanham Act along with other things like its common law foundations and First Amendment principles—not empty formalism; recognize normative … Continue reading
Fourteenth Trademark Scholars’ Roundtable: Are Key Trademark and Unfair Competition Doctrines Anachronistic?
UCLA School of Law Mark Janis: 1st day of TM: students’ experience of brands as used by owners & 3rd parties is so disconnected from the historical traditions of TM. Anachronism may give away too much by suggesting the cause … Continue reading
Site news: cross posting to WordPress seems down, but email subscription is here
I’m trying Mailchimp if you want to get posts by email. I’m also trying to fix the crosspost to WordPress, but I’ll have to see if that works. Other places to find me: Twitter, Mastodon; LinkedIn if I can get … Continue reading
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Rebecca Tushnet 