Author Archives: rtushnet

Brand journalism: sponsored content/the 1A

Posted on June 13, 2016 by rtushnet

Brand Journalism, Sponsored Content and the First Amendment   Moderator:   Scott Dailard, Cooley LLP   Mary K. Engle, Federal Trade Commission, Associate Director, Division of Advertising Practices: We’re going to proceed as if there is a commercial/noncommercial divide.  To hold … Continue reading →

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The definition of commercial speech

Posted on June 13, 2016 by rtushnet

Commercial Speech:  The Definition Matters Moderators:  Chris Beall, Levine Sullivan Koch & Schulz LLP and Bruce Johnson, Davis Wright Tremaine LLP   Steven G. Brody, Morgan, Lewis & Bockius LLP: We barely spoke about the definition of commercial speech. Why?  … Continue reading →

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The commercial/noncommercial boundary

Posted on June 13, 2016 by rtushnet

The Shifting Boundaries Between Commercial & Non-Commercial Speech Moderator:  Vince Blasi, Corliss Lamont Professor of Civil Liberties, Columbia Law School   Tamara Piety, Phyllis Hurley Frey Professor of Law, University of Tulsa College of Law: Book, Brandishing the First Amendment.  … Continue reading →

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Judge Alex Kozinski likes free speech and Lochner

Posted on June 13, 2016 by rtushnet

Commercial Speech Conference, Abrams Institute   Interview: Who’s Afraid of Commercial Speech? — 26 Years Later   Ron Collins (Harold S. Shefelman Scholar, University of Washington, School of Law) & Judge Alex Kozinski (U.S. Court of Appeals for the Ninth … Continue reading →

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One reason the DMCA is no substitute for anti-harassment policies

Posted on June 13, 2016 by rtushnet

Another reason the DMCA is not a good anti-harassment tool: it requires contact information, which is sent to the party posting the challenged content. from Blogger http://ift.tt/1UL5jyU

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TM Scholars’ roundtable, part 6

Posted on June 10, 2016 by rtushnet

Research Directions Discussants:  Laura Heymann: What is the end of empirical work? Which of our legal principles are based on assumptions or are not meant to be connected to the Q of how consumers actually behave?  Lots of research about … Continue reading →

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TM/advertising question of the day, sexism edition

Posted on June 10, 2016 by rtushnet

This ad sparked a fair amount of outrage in the UK, especially when Protein World doubled down on its insistence that only certain bodies should be seen at the beach: “Are you beach body ready?” Protein WOrld weight loss ad … Continue reading →

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TM Scholars’ roundtable, part 5

Posted on June 10, 2016 by rtushnet

Session 3: Remedies In recent years, trademark scholarship has focused largely on questions of subject matter and scope, including much critical assessment of standards for infringement and dilution.  In this brief discussion, we will turn our attention to remedies, and … Continue reading →

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TM roundtable, part 4

Posted on June 9, 2016 by rtushnet

From last time: RT: I was thinking as Silbey was talking that you’re convincing me that TM should be a particular kind of anticopying regime (though, as w/patent, knowledge need not be required, at least for double identity).  And that … Continue reading →

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TM roundtable, part 3

Posted on June 9, 2016 by rtushnet

Session 2:  The Menu of Options for Design Protection:  Where Does/Should Trademark and Unfair Competition Law Fit? This session will consider product-design trade dress protection in relation to other legal regimes that encompass design (design patents, copyright, and sui generis … Continue reading →

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