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Recent Posts
- Fairlife brand name plausibly misleading where cows allegedly lived abuse-filled lives of suffering
- disgorgement can’t be a lottery windfall–even when D was engaged in illegal gambling
- CFP: emerging First Amendment scholars
- “ambiguity” is taking hold in consumer protection class actions, but it’s not the Lanham Act concept
- conducting dueling internet searches converts attys into fact witnesses in TM case
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Tag Archives: my writings
Content Moderation in an Age of Extremes
Belatedly, here is a link to the written version of a talk I gave last year, Content Moderation in an Age of Extremes, in which I note that the digital millennium lasted ten years, that strange apps handing out badges … Continue reading
Amicus in Dr. Seuss v. ComicMix
Here. With Mark Lemley, Jessica Litman, Lydia Loren, Pam Samuelson, and Erik Stallman. from Blogger https://ift.tt/2OMxfrJ
Posted in Uncategorized
Tagged Amicus in Dr. Seuss v. ComicMix copyright, my writings
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Amicus brief in video game/trademark case
With the help of Phil Malone and Alyssa Picard at Stanford’s IP clinic, I and others submitted a law professors’ brief in this case involving Activision’s use of Humvees in depictions of military operations in the Call of Duty games. AMG … Continue reading
Amicus brief in Mongols TM forfeiture case
Stacey Dogan, Mark Lemley, Jessica Litman, Mark McKenna, Jennifer Rothman, Jessica Silbey, and I filed an amicus in the Mongols trademark forfeiture case. We argue that, while trademark forfeiture is generally possible, any successful transfer would have to include goodwill. … Continue reading
Announcing the Fourth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman
Eric Goldman has all the details here. Preview: It is available for purchase in the following formats: * A DRM-free PDF file. Price: $12* A DRM-free ePub file for mobile devices. Price: $12* In Kindle. Price: $9.99* A print-on-demand book from Amazon. Because of … Continue reading
Response to Tim Wu’s piece on First Amendment obsolescence
Not Waving but Drowning: Saving the Audience from the Floods. A response to Tim Wu’s essay “Is the First Amendment Obsolete?” from Blogger http://ift.tt/2hybHwu
New piece on the right of publicity and its limits
Rebecca Tushnet, Raising Walls Against Overlapping Rights: Preemption and the Right of Publicity, 92 NOTRE DAME L. REV. 1549 (2017). from Blogger http://ift.tt/2s6h652
SCOTUSblog symposium on Tam
My contribution is here. from Blogger http://ift.tt/2h498VL
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Tagged my writings, SCOTUSblog symposium on Tam first amendment, trademark
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New edition, Goldman & Tushnet, Advertising and Marketing Law
Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy. Eric did the heavy lifting on getting this out, and I really appreciate it. I also am personally satisfied … Continue reading
New edition, Goldman & Tushnet, Advertising and Marketing Law
Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy. Eric did the heavy lifting on getting this out, and I really appreciate it. I also am personally satisfied … Continue reading