-
Recent Posts
- Temu’s “cheaper and way better quality than Shein” claims were potentially falsifiable, not puffery
- Dueling geneologists: photo (c) claims allowed, but not Lanham Act or factual compilation claims
- false advertising’s injury requirement causes reverse passing off claim to fail
- laches, once established, bars Lanham Act claims even during more recent periods
- what particularity is required when an ad campaign has zillions of possibly algorithmic variants?
Recent Comments
Archives
- January 2026
- December 2025
- November 2025
- October 2025
- September 2025
- August 2025
- July 2025
- June 2025
- May 2025
- April 2025
- March 2025
- February 2025
- January 2025
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- June 2013
Categories
- 230
- acpa
- advertising
- antitrust
- art law
- attribution
- blogging
- california
- cfaa
- cfps
- class actions
- cmi
- comics
- commercial speech
- conferences
- consumer protection
- contracts
- copying
- copyright
- counterfeiting
- cultural property
- damages
- dastar
- defamation
- design patent
- dilution
- disclosures
- disparagement
- dmca
- drm
- fan fiction
- fanworks
- fda
- fees
- first amendment
- ftc
- geographic indications
- http://schemas.google.com/blogger/2008/kind#post
- insurance
- jurisdiction
- libraries
- misappropriation
- music
- my lawsuits
- my writings
- parody
- patent
- patents
- preemption
- presentations
- privacy
- procedure
- reading list
- remedies
- right of publicity
- secondary liability
- securities
- standing
- surveys
- teaching
- tortious interference
- trade secrets
- trademark
- traditional knowledge
- Uncategorized
- unconscionability
- unfairness
- warranties
Meta
Tag Archives: presentations
Conspicuous Consumers, NYU Engelberg Center
Welcome and Keynote: Nancy Mahon, SVP, Global Corporate Citizenship & Sustainability, The Estée Lauder Companies Interesting talk; I learned that UK consumers respond well to claims that a product decreases the company’s carbon footprint, but US consumers aren’t interested in … Continue reading
Posted in Uncategorized
Tagged conferences, copyright, patent, presentations, trademark
Leave a comment
IPSC: Closing plenary: DOGE; the First Amendment (me!); and the 50th anniversary of the Copyright Act
David Schwartz (Northwestern Pritzker School of Law), Christopher Cotropia (The George Washington University Law School), DOGE Days at the USPTO? Evidence from a Natural Experiment in Administrative Reform PTO provides some employees w/union protections and others not. As soon as … Continue reading
Posted in Uncategorized
Tagged conferences, copyright, first amendment, patent, presentations, right of publicity, trademark
Leave a comment
The Battle for Our Attention: Empirical, Philosophical and Legal Questions: Northeastern University School of Law
Panel 3 – Media and Communication Systems for Attention Capture This panel will address how different fields, from media studies to economics, think about attention, how it is captured and valued. Do different types of media (political news, advertisements, sexual … Continue reading
Cardozo A&ELJ symposium, Trademark
Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. While I have many questions … Continue reading
Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases
PLI Media Law conference RT: There’s been a rapid and somewhat disorienting shift from a seemingly ever-growing First Amendment freedom of speech to a seeming indifference to speech and press based claims (as contrasted to religious freedom claims) in many … Continue reading
Bad Spaniels: trademark parody and fair use doctrines at Northeastern, Apr. 13, 4 pm
Join Professor Rebecca Tushnet and Professor Alexandra J. Roberts for a conversation about Jack Daniels v. VIP Products. Register here. Date and time Thursday, April 13 · 4 – 5:30pm EDT Location Northeastern University School of Law 416 Huntington Avenue Boston, … Continue reading
IPSC: Copyright and Trademark
Panel 17 – Copyright Substantial Similarity Crossprogrammed with my panel; I came here first because I had more experience with the first paper in the other panel. Clark D. Asay, An Empirical Study of Copyright Law’s Substantial Similarity Test 1005 … Continue reading
Posted in Uncategorized
Tagged copyright, IPSC: Copyright and Trademark conferences, presentations, trademark
Leave a comment
another G v. O preview, shorter
IPLAC/CBA (Chicago) panel Intro by Adam Wolek, Taft Law Chris Mohr, GC/VP for IP, Software & Information Indus. Ass’n.: Didn’t participate in this case b/c we have members on both sides. Tension b/t © protection of expression and functionality historically … Continue reading
Posted in Uncategorized
Tagged another G v. O preview, presentations, shorter copyright
Leave a comment
Copyright Society panel on fair use (Warhol, Seuss, Oracle)
CSUSA Fair Use panel Jennifer Pariser, MPA Joseph Salvo, Sesame Workshop Rebecca Tushnet II. Discussion of Three Notable Fair Use Cases Currently on Appeal A. Dr. Seuss Enterprises v. ComicMix, 372 F. Supp. 3d 1101 (S.D. Cal. 2019)Q&A: The MPA … Continue reading
Copyright Society panel on fair use (Warhol, Seuss, Oracle)
CSUSA Fair Use panel Jennifer Pariser, MPA Joseph Salvo, Sesame Workshop Rebecca Tushnet II. Discussion of Three Notable Fair Use Cases Currently on Appeal A. Dr. Seuss Enterprises v. ComicMix, 372 F. Supp. 3d 1101 (S.D. Cal. 2019)Q&A: The MPA … Continue reading