43(B)log

FEBRUARY 24, 2023

We may be teaching a doctrine modeled on commercial activity that doesn’t take up much of the space of the way people use TMs. Are our doctrinal tools workable for the conflicts that arise? Sometimes it’s our doing: as scholars we sometimes understand things more categorically than courts intend. Brookfield v.

Trademark 49

Trademark Branding Brands Branding 49

43(B)log

FEBRUARY 3, 2023

Andrew Gilden & Sarah R. Moving from the folk to the patent/regulated system also strips out the pleasure and the purpose—to fix sick people instead of allowing women freedom to make private choices; becomes public and subject to legislation. Depriving people of benefits that don’t cost anything to provide. Q: drugs v.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? That could also address some of the Article III standing issues I’ve been encouraging people to raise. We’re encouraged to look for the snippet that matches our claim and no further. This issue is not going to go away.

Trademark 45

Trademark Law Branding Brands 45

43(B)log

APRIL 7, 2023

Thus, the safe harbor comes to an end w/r/t © content. W/r/t platforms like YouTube, requirement of not allowing upload w/o licensing is a major intrusion on user freedom, leading to public demonstrations against upload filters that can’t distinguish b/t piracy and parody. 17 instead controls for OCCSP systems.

Art 64

Art Licensing Designs Design 64

43(B)log

AUGUST 11, 2021

There is some evidence on social media that people were blaming Nike (then again, people on social media blame Biden for the Delta variant, so). Do too many people already know the Satan Shoes were unsponsored, and if so, does that make the instrument a bad one? Second proposed experiment: Stoner Skittles and Satan Shoes.

Trademark 72

Trademark Copyright Branding Brands 72