The political economy of zombies

This essay on the new zombie genre has a great analysis of the IP of the zombie apocalypse in Colson Whitehead’s Zone One

In Whitehead’s imagination, the forces that be – the remnants of the U.S. government still holding on to power and working to beat back the zombies and restart the world – have founded their efforts on preserving pre-apocalypse property rights.

Spitz is part of a cleanup crew searching a largely zombie-free downtown Manhattan for undead stragglers. That should be a party right?

But instead of fucking on the silk sheets of dead hedge fund managers, burning money for fun and stocking up with all the coolest stuff they find as they explore the emptied city, they are left to walk through New York coveting the abundance they see around them – because in Whitehead’s world of the undead, you can only plunder brands that have sponsored your crew. According to the rules set down by the provisional U.S. government holed up in Buffalo and enforced by the local military authorities based in Manhattan’s Chinatown (dubbed “Fort Wonton”), the party at the end of the world has been canceled.

In Zone One, a jingoistic administration is “rebranding survival.” So if a single stockholder or executive of Nike has survived, he now owns all Nike shoes. If you want to lift a pair of Air Jordans, to snack on a box of Powerbars you happen to find or take a sip of Vitamin Water, you need corporate “sponsorship.” Whitehead turns our current regime of patent trolls and copyright extension into the worst kind of dystopia: One that is exactly as shitty as right now – but with zombies.

In the post-catastrophe world of Zone One, some nameless corporation will still own the rights to the song “Happy Birthday to You,” even if preserving that copyright means allowing all of humankind to go extinct. Whitehead’s great zombie innovation is to suck all the joy out of the apocalypse – but by doing so, he shows you that the apocalypse should be fun. This isn’t just a vision of capitalism gone sour; it is a vision of the American brand of capitalism as triumphant even in catastrophe. This is true zombie capitalism.

Posted in http://schemas.google.com/blogger/2008/kind#post, reading list, trademark | Leave a comment

New treatise on fashion law

Lois Herzeca and my former Debevoise colleague (now at Gibson Dunn) Howard Hogan have just released Fashion Law and Business: Brands & Retailers.  My blurb calls it an “accessible overview of key issues facing any fashion business, with case studies, examples, and sample forms that will help people working at any level of the industry.”

Posted in advertising, design patent, http://schemas.google.com/blogger/2008/kind#post, reading list, trademark | Leave a comment

Organization for Transformative Works: fundraising drive

The Organization for Transformative Works is having a fundraising drive!  Donations support our work protecting and preserving fannish cultures, including our work on the DMCA remix exemptions, our open access journal, one of Time’s top ten websites of the year, and many other projects!

Posted in dmca, fan fiction, fanworks, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Newton law: puree is real fruit

Manchouck v. Mondelēz International Inc., No. C 13–02148, 2013 WL 5400285 (N.D. Cal. Sept. 26, 2013)

This one’s short: Manchouck argued that Nabisco’s strawberry and raspberry Newton cookies were not “made with real fruit,” as labeled, but merely with “mechanically processed fruit purée.”  This didn’t pass Iqbal’s plausibility requirement; Manchouck didn’t explain why “made with real fruit” would not include mechanically separated fruit purée.  Even the most narrow definition of “real fruit” didn’t exclude strained/puréed fruit.  Also, the package prominently displayed a picture of the cookies and their puréed fruit filling, and the ingredient list confirmed the presence of purée. “It is ridiculous to say that consumers would expect snack food ‘made with real fruit’ to contain only ‘actual strawberries or raspberries,’ rather than these fruits in a form amenable to being squeezed inside a Newton.”  Williams v. Gerber Products Co., 552 F.3d 934 (9th Cir. 2008), was not to the contrary, because there the packaging depicted fruits not actually found in the product.
Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Rebooted website

Welcome!  My main blog is Rebecca Tushnet’s 43(b)log. Here’s where I’ll post my writings, my exams, and other things, such as my grandfather Leonard Tushnet’s writings as I scan them.

Posted in Uncategorized | 3 Comments