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TMSR Session 3: Private Actors…and their Machines

43(B)log

FEBRUARY 24, 2024

Eric Goldman SAD scheme and what it tells us: Efficacy/brittleness of our institutions—the real action is below the waterline, with implications for everything else we’re doing. Trade secret: its scope is the whole ball game. Human desire for TMs? We like how they sort us/how we get to identify with them? How much of that is cultural?

Fair Use

Fair Use Branding Brands Branding

15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)

43(B)log

FEBRUARY 23, 2024

The working relationship of Congress/SCOTUS provides an opportunity to hide the ball about change, especially in 43(a): Congress says “all we’re doing is codifying common law” and Court says “all we’re doing is applying what Congress wrote.” Eric Goldman: the platforms could be a countervailing force. What about IP? But they can’t.

Trademark

Trademark Law Branding Brands

TMSR Session 3: Private Actors…and their Machines

15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)

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