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Recent Posts
- False endorsement claim can proceed against gov’t issued license plates and gov’t facility named for Roberto Clemente
- Non-TM owner can use 43(a) to challenge confusing use
- 11th Circuit affirms defense TM verdict; evidence of confusion is not evidence of harm for disgorgement
- CFP: Yale/Harvard/Stanford Junior Faculty Forum, May 21-22
- court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?
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Tag Archives: reading list
Reading list and comments: Doctrine, Data, and the Death of DuPont
Thomas Reichert, Doctrine, Data, and the Death of DuPont Abstract: For fifty years, courts have claimed to apply a comprehensive thirteen-factor test for trademark confusion. They are lying, or at least deeply mistaken. Using AI-powered analysis of 4,000 decisions, this … Continue reading
Reading list: consumer protection and the industries who regularly sue their regulators
Nicholas R. Parrillo, Administrative Law as a Choice of Business Strategy: Comparing the Industries Who Have Routinely Sued Their Regulators with the Industries Who Rarely Have George Washington Law Review, Vol. 93, No. 5, pp. 1031-1195 (2025) Abstract: For some … Continue reading
Recommended reading: Jessica Litman, Authorship Nonsense
Read it here. Abstract: Copyright law’s primary device for promoting progress is to bestow rights on the authors of works. Rights vest automatically and last for a very long time. Authors’ choices to retain, license, or transfer those rights fuel … Continue reading
Reading list: Margaritha Windisch, Unveiling the Bond Between Artists and Their Work: A Vignette Study
Unveiling the Bond Between Artists and Their Work: A Vignette Study 38 Pages Posted: 12 Feb 2025 Last revised: 19 Feb 2025 Margaritha Windisch Date Written: January 31, 2025 Abstract This paper empirically measures the bond between artists and their … Continue reading
Reading List: morality and trademarks in South Asia
Zehra Jafri, One Sari, Three Different Ways to Drape It: Trademarks, Religion, Language, and Morality in Post-Colonial India, Pakistan, and Bangladesh, 40 UCLA Pacific Basin Law Journal 127 (2023) Abstract: Pakistan, India, and Bangladesh were all established on a sense of … Continue reading
Reading list: The Patterns of Digital Deception, Gregory Dickinson
B.C.L.R. (2024). From the introduction: … In contrast with the mass emails of old, scammers now stalk and target their victims with expert precision. … To bolster the FTC’s traditional, case-by-case approach to combating unfair competition, lawmakers have proposed (and in … Continue reading
Reading list: Carys Craig, The AI-Copyright Trap
The AI-Copyright Trap Carys J. Craig Abstract As AI tools proliferate, policy makers are increasingly being called upon to protect creators and the cultural industries from the extractive, exploitative, and even existential threats posed by generative AI. In their haste … Continue reading
Reading list: Mala Chatterjee, Property, Speech, and Authorship: A Dilemma for Personhood Theories of Copyright
Recommended! Short and thought-provoking. Property, Speech, and Authorship: A Dilemma for Personhood Theories of Copyright Cambridge Volume on Intellectual Property & Private Law (forthcoming 2024) 15 Pages Posted: 2 Aug 2024 Mala Chatterjee Columbia Law School Date Written: July 22, 2024 … Continue reading
Transformative work of the day, Omelas edition
Isabel J. Kim, Why Don’t We Just Kill the Kid in the Omelas Hole. Warning: far more depressing, in my view, than the original. from Blogger http://tushnet.blogspot.com/2024/02/transformative-work-of-day-omelas.html
Reading list: geolocation data increased incivility online
Civilizing social media: The effect of geolocation on the incivility of news comments Yufan Guo, Yuhan Li, and Tian Yang, New Media & Society (2023) Abstract Many social media affordances can affect the quality of online discourse, but such an effect remains understudied for the … Continue reading
Rebecca Tushnet 