Author Archives: rtushnet

ICANN working group report on TM rights protection mechanisms in all gTLDs now open for comment

Link to report and comment mechanisms. The Working Group did not recommend expanding trademark claimants’ preemptive/pre-registration notice rights to include broad matching or algorithmically generated close variants (misses a match by one letter, for example), but I expect that’s still … Continue reading

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Michael Jordan’s ROP claims against ads in the SI special issue on him

 I just heard this discussed on a GALA (Global Advertising Lawyers Alliance, recommended for international updates) event, and fortuitously I’d decided to get my hands on a copy of the actual special issue. One thing I hadn’t realized from the … Continue reading

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Substantiation issues?

 This poster in a local dry cleaner’s, produced by a larger association, gave me pause: I believe that dry cleaning likely destroys most viruses present … but how many viruses are likely to be present? Does the claim of “effective, … Continue reading

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Recent reading: on brands and sumptuary codes

Inspired by Kali Murray’s great comments at this past week’s Race and IP conference, some notes from recent reading: Virginia DeJohn Anderson, Creatures of Empire: How Domestic Animals Transformed Early America Relevant to TM and sumptuary laws (addressed in Barton Beebe’s … Continue reading

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Harvard Journal of Sports & Entertainment law seeking submissions

 The Harvard Journal of Sports and Entertainment Law (JSEL) is accepting submissions for Volume 13, set to publish during AY21-22. Submissions for Issue 1 will be reviewed and accepted through August 2021. JSEL is looking for articles on topics related to sports … Continue reading

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Reading list: native ad disclosures that work?

Eyal Peer & Dalia Shilian, Improving Consumers’ Ability To Detect Native AdvertisingUsing Identified Disclosure: Native advertising of online content, such as articles embedded within news websites, is a covert attempt by marketers to affect consumer attitudes and behavior. Because such marketing can … Continue reading

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a handful of Google v. Oracle thoughts: categories, microworks, and market circularity

A couple of small Google v. Oracle thoughts: The majority clearly says that, as with other categories of protected works, distinctions can be made within the categories, drawing lines “among” computer programs, books, and films. Not all literary works are … Continue reading

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Fanciful Failures: Keeping Nonsense Marks off the Trademark Register

 I’m excited to announce the publication of this Note by my former student Grace McLaughlin, which addresses the fascinating topic of marks optimized to get into Amazon’s system rather than to function as indications of source for humans. Highly recommended! … Continue reading

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Global Advertising Lawyers Alliance (GALA) Webinar – “Hot Topics in Advertising Law in North America”

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Joseph Lewczak: FTC v. Teami ($15 million settlement, all but $1 million … Continue reading

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WIPIP SESSION 9.B. — Copyrights

Peter Lee, UC Davis School of Law Autonomy, Copyright, and the Structure of Creative Production Theory of the firm would suggest more consolidation within the firm in creative industries than exists. But creative autonomy is one reason that people would … Continue reading

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