tushnet - Robuta Search

https://hls.harvard.edu/faculty/mark-tushnet/ Mark Tushnet - Harvard Law School | Harvard Law School May 9, 2026 - Professor Tushnet, who graduated from Harvard College and Yale Law School and served as a law clerk to Justice Thurgood Marshall, specializes in constitutional... harvard law mark school https://tushnet.blogspot.com/2013/10/intas-brief-in-lexmark.html?showComment=1382042614166&m=0 Rebecca Tushnet's 43(B)log: INTA's brief in Lexmark Stop the presses: INTA and I are in agreement! rebecca tushnet log inta brief lexmark https://tushnet.blogspot.com/2010/05/modifying-cc-license.html Rebecca Tushnet's 43(B)log: modifying a CC license Lucas Hilderbrand, Inherent Vice: Bootleg Histories of Videotape and Copyright A good read, but right now I want to talk about the copy... rebecca tushnet log modifying license https://tushnet.blogspot.com/2020/03/antitrust-claim-based-in-part-on-false.html?m=0 Rebecca Tushnet's 43(B)log: antitrust claim based in part on false advertising in concentrated... Chase Manufacturing, Inc. v. Johns Manville Corp., 2020 WL 1433504, No. 19-cv-00872-MEH (D. Colo. Mar. 23, 2020) (magistrate) Chase su... https://tushnet.blogspot.com/2017/03/seen-around-town.html Rebecca Tushnet's 43(B)log: Seen around town Sufficient alteration + disclaimer to avoid trouble for this former BP franchisee? "This is not BP Gas," above covered-over BP star K... rebecca tushnet seen around log town https://tushnet.blogspot.com/2011/12/larry-sagers-etsy-store.html?m=0 Rebecca Tushnet's 43(B)log: Larry Sager's Etsy store Either a wealth of exam questions or a spectacle you can't unsee. Maybe both? Rau/Bieber collage: "This handsomely framed collage brings to... rebecca tushnet log larry sager etsy https://tushnet.blogspot.com/2014/08/ipsc-part-4-copyright-and-bit-on-right.html Rebecca Tushnet's 43(B)log: IPSC part 4: copyright (and a bit on the right of publicity) Second Breakout Session Copyright Fair Use Raw Materials and Creative Works Andrew Gilden Raw materials concept is part of tran... https://tushnet.blogspot.com/2009/08/ambusch-marketing.html?m=0 Rebecca Tushnet's 43(B)log: Ambusch marketing Beer cans in college towns using college colors . The story notes that some colleges have complained on trademark grounds, because trademar... rebecca tushnet log marketing https://tushnet.blogspot.com/2011/11/cry-for-yelp.html?m=0 Rebecca Tushnet's 43(B)log: A cry for Yelp Levitt v. Yelp! Inc., 2011 WL 5079526 (N.D. Cal.) If I can never achieve my aspiration to be the Yahoo! Professor of Law, now I can at leas... rebecca tushnet log cry yelp https://tushnet.blogspot.com/2026/01/non-tm-owner-can-use-43a-to-challenge.html Rebecca Tushnet's 43(B)log: Non-TM owner can use 43(a) to challenge confusing use Postar v. Hyland, 2026 WL 145934, No. 5:24-CV-019-H (N.D. Tex. Jan. 20, 2026) This case allows a non-TM owner to bring a false advertising... https://tushnet.blogspot.com/2026/04/britas-clearly-qualified-filtration.html Rebecca Tushnet's 43(B)log: Brita's clearly qualified filtration claims couldn't mislead reasonable... Brown v. Brita Products Company, --- F.4th ----, 2026 WL 1028347 No. 24-6678 (9 th Cir. Apr. 16, 2026) Unlike 800-thread count sheets (se... https://tushnet.blogspot.com/2007/10/barron-tribute-comparative-perspectives.html Rebecca Tushnet's 43(B)log: Barron tribute: comparative perspectives Panel IV: Rights of Reply in Comparative Law Kyu Ho Youm, University of Oregon School of Journalism and Communication Internationa... rebecca tushnet log barron tribute comparative https://tushnet.blogspot.com/2011/10/elf-defense-parody-defeats-tm-and.html?showComment=1355197432732 Rebecca Tushnet's 43(B)log: Elf defense: parody defeats TM and copyright claims CCA and B, LLC v. F W Media Inc., --- F.Supp.2d ----, 2011 WL 4583790 (N.D.Ga.) Plaintiff sells The Elf on the Shelf , and defendant is abou... https://tushnet.blogspot.com/2010/11/?m=0 Rebecca Tushnet's 43(B)log: 11/01/2010 - 12/01/2010 False advertising and more rebecca tushnet log https://tushnet.blogspot.com/2007/02/federal-government-false-advertiser.html?m=1 Rebecca Tushnet's 43(B)log: The federal government, false advertiser? Americans for Safe Access has filed suit against the government under the Data Quality Act, arguing that the FDA has made false and misleadi... rebecca tushnet the federal https://tushnet.blogspot.com/2013/02/notre-dame-3.html?m=0 Rebecca Tushnet's 43(B)log: Notre Dame 3 Irina Manta (Hofstra), Hedonic Trademarks Bill McGeveran: disconnect between aspect of meaning of mark that lawyers care about and a... rebecca tushnet notre dame log https://tushnet.blogspot.com/2021/09/reading-list-confusion-test-in-european.html?m=0 Rebecca Tushnet's 43(B)log: Reading list: The Confusion Test in European Trade Mark Law https://tushnet.blogspot.com/2011/11/rogers-v-grimaldi-obsolete.html?m=0 Rebecca Tushnet's 43(B)log: Rogers v. Grimaldi, obsolete? Slate on the death of the allusive title : Whatever happened to pungent, enigmatic titles like Three Days of the Condor or Cheers? . . . If ... rebecca tushnet log rogers v grimaldi https://tushnet.blogspot.com/2012/11/math-and-advertising.html?showComment=1353781599425 Rebecca Tushnet's 43(B)log: Math and advertising Over at the informative All About Advertising Law blog from Venable, the authors ask "what does a lifetime supply really mean?" They desc... rebecca tushnet log math advertising https://tushnet.blogspot.com/2012/08/pitch-to-healthcare-providers-may.html?m=1 Rebecca Tushnet's 43(B)log: Pitch to healthcare providers may necessarily imply legality of proposal Ameritox, Ltd. v. Millennium Laboratories, Inc., 2012 WL 3651110 (M.D. Fla.) Ameritox and Millennium compete to screen urine specimen... https://tushnet.blogspot.com/2012/02/copyrightcontract-and-traffic-laws.html Rebecca Tushnet's 43(B)log: Copyright/contract and the traffic laws It's a truism that a cop can stop any car, finding some sort of traffic violation within a few blocks of travel. John Tehranian and others ... rebecca tushnet https://tushnet.blogspot.com/2006/08/recent-reading-search-engine-liability.html?m=1 Rebecca Tushnet's 43(B)log: Recent reading: Search engine liability Frank Pasquale, Rankings, Reductionism, and Responsibility . This provocative piece argues for regulation of search engines to require them... rebecca tushnet recent reading search engine https://tushnet.blogspot.com/2008/04/interview-john-villafranco-of-kelley.html?m=0 Rebecca Tushnet's 43(B)log: Interview: John Villafranco of Kelley Drye & Warren I am pleased to present the next interview in my occasional series on advertising lawyers. Today's subject is John Villafranco. Here's his ... https://tushnet.blogspot.com/2024/03/ Rebecca Tushnet's 43(B)log: 03/01/2024 - 04/01/2024 False advertising and more rebecca tushnet log https://tushnet.blogspot.com/2006/03/ip-and-gender-unmapped-connections-my.html?m=1 Rebecca Tushnet's 43(B)log: IP and Gender: The Unmapped Connections: My presentation Today I was on a panel at AU's Washington College of Law, part of a day-long program on IP and gender. Notes on other panels to follow; the... https://tushnet.blogspot.com/2006/02/in-wreck-get-check-and-consumer.html?m=1 Rebecca Tushnet's 43(B)log: In a wreck, get a check - and a consumer protection lawsuit Crowe v. Tull , --- P.3d ----, 2006 WL 39248 (Colo.) Crowe hired a lawyer to represent him in a personal injury case; he settled for a low a... https://tushnet.blogspot.com/2013/06/descriptive-or-nominative.html?m=0 Rebecca Tushnet's 43(B)log: Descriptive or nominative? Spelunker's ad: "Frozen burgers? That's not a happy meal." Note also the directions: "Just past McDonald's on right." Cf. "Better burger... rebecca tushnet log descriptive nominative https://tushnet.blogspot.com/2014/01/hedging-and-bullying-in-trademark.html?m=0 Rebecca Tushnet's 43(B)log: Hedging and bullying in trademark Chicago State University attempts to intimidate a faculty blog into not identifying itself properly, using trademark law as its bullying ... rebecca tushnet https://tushnet.blogspot.com/2009/12/from-archives.html?m=0 Rebecca Tushnet's 43(B)log: From the archives Georgetown's excellent law librarians just dug this up for me: an ad for Maxwell's, the video rental store found liable for violating the pu... rebecca tushnet from the log archives https://tushnet.blogspot.com/2011/07/travel-company-falls-into-gap-confusion.html?showComment=1311792065399 Rebecca Tushnet's 43(B)log: Travel company falls into the gap: confusion, but not dilution https://tushnet.blogspot.com/2025/08/ipsc-copyright-enforcement.html Rebecca Tushnet's 43(B)log: IPSC: Copyright Enforcement Thomas H. Rousse, Northwestern Pritzker School of Law, Open Licensing, Hidden Costs: Survey Experiment Insights On Creative Commons and Copy... rebecca tushnet log ipsc copyright enforcement https://tushnet.blogspot.com/2016/06/ftc-workshop-on-disclosures-sept-15.html?m=0 Rebecca Tushnet's 43(B)log: FTC workshop on disclosures, Sept. 15 Putting Disclosures to the Test SEP 15, 2016 CONSTITUTION CENTER 400 7th St SW, Washington, DC 20024 EVENT DESCRIPTION The Fe... rebecca tushnet https://tushnet.blogspot.com/2010/06/acta-communique.html?m=0 Rebecca Tushnet's 43(B)log: ACTA communique The DRAFT statement below reflects the conclusions reached at a meeting of over 90 academics, practitioners and public interest organizati... rebecca tushnet log acta communique https://tushnet.blogspot.com/2012/12/judge-rogers-dissent-image-requirements.html?m=0 Rebecca Tushnet's 43(B)log: Judge Rogers' dissent: image requirements are justified https://tushnet.blogspot.com/2009/03/hernando-de-soto-on-property-and.html?showComment=1238155680000 Rebecca Tushnet's 43(B)log: Hernando de Soto on property and the financial crisis I thought this article in the WSJ was really interesting. De Soto argues that a lack of a recording system for derivatives is a key compon... https://tushnet.blogspot.com/2015/12/transformative-work-of-day-omelas.html Rebecca Tushnet's 43(B)log: Transformative work of the day, Omelas edition I know I do a lot of these from The Toast , but that's kind of their thing. https://tushnet.blogspot.com/2009/06/post-grading-blues.html?m=0 Rebecca Tushnet's 43(B)log: Post-grading blues Depressing rules of thumb: (1) If you give first and last names to characters in your exam, some students will use only last names and some ... rebecca tushnet log post grading blues https://tushnet.blogspot.com/2006/07/jews-for-jesus-tis-better-to-use.html Rebecca Tushnet's 43(B)log: Jews for Jesus: 'tis better to use others' trademarks than have your... This story discusses JFJ's conflict with the New York MTA over JFJ's use of subway symbols in its ad campaign. You can see the revised cam... https://tushnet.blogspot.com/2011/09/my-question-is-whether-honda-hq.html Rebecca Tushnet's 43(B)log: My question is whether Honda HQ approved the dealership name Duncan's Hokie Honda (photo courtesy of Zachary Schrag). Is the use of the Virginia Tech colors and logos more objectionable than the use o... https://tushnet.blogspot.com/2021/02/uber-avoids-taxi-suit-because-of.html Rebecca Tushnet's 43(B)log: Uber avoids taxi suit because of causation problems Ezeokoli v. Uber Technol., Inc., 2021 WL 247975, No. A156445 (Cal. Ct. App. Jan. 26, 2021) Plaintiffs, a putative class of taxi drivers, l... https://tushnet.blogspot.com/2016/10/straightforward-deference-to-ftc.html?m=1 Rebecca Tushnet's 43(B)log: Straightforward deference to FTC substantiation rules dooms gray hair... Federal Trade Commission v. COORGA Nutraceuticals Corp., --- F.Supp.3d ---- , 2016 WL 4472994, No. 15-CV-0072 (D. Wyo. Aug. 15, 2016) T... https://tushnet.blogspot.com/2013/09/copyright-question-of-day.html?m=0 Rebecca Tushnet's 43(B)log: Copyright question of the day Senator Cruz, of course, has immunity for anything he says in speech and debate. But is C-SPAN at risk for broadcasting his rendition of Gr... rebecca tushnet of the https://tushnet.blogspot.com/2012/01/attacking-national-companys-tms-doesnt.html?m=1 Rebecca Tushnet's 43(B)log: Attacking national company's TMs doesn't create personal jurisdiction... Zero Motorcycles, Inc. v. Pirelli Tyre S.p.A., 802 F.Supp.2d 1078 (N.D. Cal. 2011) Zero filed for declaratory relief against Pirelli seeki... https://tushnet.blogspot.com/2008/06/tracfone-wins-another-dmca-round.html Rebecca Tushnet's 43(B)log: TracFone wins another DMCA round Tracfone Wireless, Inc. v. GSM Group, Inc., --- F. Supp. 2d --, 2008 WL 2215059 (S.D. Fla.) (magistrate) Following the lead of an earlie... rebecca tushnet https://tushnet.blogspot.com/2008/11/pom-and-art-of-motorcycle-trademarks.html?m=1 Rebecca Tushnet's 43(B)log: Pom and the art of motorcycle trademarks? Spotted on the streets of DC, this Pom Wonderful ad. The Hells Angels are fearless, willing to litigate even against Disney ; wonder what t... https://tushnet.blogspot.com/2008/03/fordham-ip-law-policy-conference.html?m=0 Rebecca Tushnet's 43(B)log: Fordham IP Law & Policy Conference: copyright in the morning https://tushnet.blogspot.com/2018/05/amicus-brief-in-fanduel-right-of.html?m=0 Rebecca Tushnet's 43(B)log: Amicus brief in FanDuel right of publicity case https://tushnet.blogspot.com/2023/10/new-jot-on-article-17.html Rebecca Tushnet's 43(B)log: New Jot on Article 17 I review an interesting article here. rebecca tushnet https://tushnet.blogspot.com/2025/03/national-republican-senatorial.html?m=0 Rebecca Tushnet's 43(B)log: National Republican Senatorial Committee loses ROP/Lanham Act/UCL... National Republican Senatorial Committee v. Red Senate, 2025 WL 819711, No. 8:24-cv-02301-JVS-KES (C.D. Cal. Jan. 14, 2025) NRSC sued Red ... https://tushnet.blogspot.com/2008/05/ Rebecca Tushnet's 43(B)log: 05/01/2008 - 06/01/2008 False advertising and more rebecca tushnet log https://tushnet.blogspot.com/2019/12/you-cant-plead-false-advertising-to-get.html?m=0 Rebecca Tushnet's 43(B)log: you can't plead false advertising to get around Dastar Focal Point Films, LLC v. Sandhu, 2019 WL 7020209, No. 19-cv-02898-JCS (N.D. Cal. Dec. 20, 2019) (magistrate, by consent) Focal Point/... https://tushnet.blogspot.com/2016/05/is-uber-for-x-snowclone-nominative-fair.html Rebecca Tushnet's 43(B)log: Is the "Uber for X" snowclone nominative fair use? That's the question posed by the following ad (HT Zach Schrag): "Turo is like Airbnb, but for real people's cars" -- USA Today, quoted in... https://tushnet.blogspot.com/2009/06/aba-consumer-protection-conference-part_18.html Rebecca Tushnet's 43(B)log: ABA Consumer Protection Conference, part 2: privacy The Evolution of Privacy in a Facebook Age Changing Consumer Expectations of Privacy: Can the Law Keep Up? Moderator: Lynda K. Mars... https://tushnet.blogspot.com/2014/08/prevailing-copyright-defendant-acts-as.html?m=0 Rebecca Tushnet's 43(B)log: Prevailing copyright defendant acts as private AG, deserves fees Klinger v. Conan Doyle Estate, Ltd., No. 14-1128 (7th Cir. Aug. 4, 2014) Judge Posner throws his usual rhetorical bombs around, this ti... https://tushnet.blogspot.com/2007/11/breaking-news-fourth-circuit-affirms-in.html Rebecca Tushnet's 43(B)log: breaking news: Fourth Circuit affirms in Haute Diggity Dog Opinion here -- the dilution claim loses on grounds different from those on which the district court relied. More soon. https://tushnet.blogspot.com/2010/09/deception-at-farmers-market.html Rebecca Tushnet's 43(B)log: Deception at the farmer's market An NBC affiliate investigates . rebecca tushnet at the https://tushnet.blogspot.com/2009/06/when-is-froot-not-fruit.html?showComment=1244131850817 Rebecca Tushnet's 43(B)log: When is Froot not Fruit? Videtto v. Kellogg USA, 2009 WL 1439086 (E.D. Cal.) Sugawara v. Pepsico, Inc., 2009 WL 1439115 (E.D. Cal.) Because the language in both... rebecca tushnet https://tushnet.blogspot.com/2021/02/ip-writing-competition-for-law-students.html Rebecca Tushnet's 43(B)log: IP writing competition for law students From NYIPLA: The New York Intellectual Property Law Association (NYIPLA) is currently accepting submissions for the Hon. William C. Conner... rebecca tushnet https://tushnet.blogspot.com/2009/03/supplier-turned-competitor-faces-false.html Rebecca Tushnet's 43(B)log: Supplier turned competitor faces false advertising and trademark claims Irwin Industrial Tool Co. v. Worthington Cylinders Wisconsin, LLC, 2009 WL 606218 (W.D.N.C.) Irwin does business as BernzOmatic. It su... https://tushnet.blogspot.com/2011/11/nominative-fair-use-defense-blocks.html?m=0 Rebecca Tushnet's 43(B)log: Nominative fair use defense blocks Levi's summary judgment motion https://tushnet.blogspot.com/2013/11/maxim-suffers-from-max-delay.html Rebecca Tushnet's 43(B)log: Maxim suffers from max delay Alpha Media Group, Inc. v. Corad Healthcare, Inc., No. 13 Civ. 5438, 2013 WL 5912227 (S.D.N.Y. Nov. 4, 2013) AMG, which publishes Maxi... rebecca tushnet https://tushnet.blogspot.com/2015/06/trademark-scholars-roundtable-roles-for.html Rebecca Tushnet's 43(B)log: Trademark scholars roundtable: roles for the consumer in TM Seventh Trademark Scholars Roundtable: The Construction of the Consumer in Trade Mark Law Session 1: Roles for the Consumer in Trade ... https://tushnet.blogspot.com/2012/09/adobe-crumbles-litigation-mistakes.html Rebecca Tushnet's 43(B)log: Adobe crumbles: litigation mistakes allow reseller to prevail Adobe Systems Inc. v. Christenson, --- F. Supp. 2d ----, 2012 WL 3994285 (D. Nev.) Adobe sued Christenson and his now-defunct corpora... https://tushnet.blogspot.com/2012/09/lexmark-v-static-control-false.html?m=0 Rebecca Tushnet's 43(B)log: Lexmark v. Static Control: the false advertising years Static Control Components, Inc. v. Lexmark Intern., Inc., --- F.3d ----, 2012 WL 3765010 (6 th Cir.) Okay, I thought Lanham Act stan... https://tushnet.blogspot.com/2009/05/retroactive-copyright-licenses-and-co.html Rebecca Tushnet's 43(B)log: Retroactive copyright licenses and co-owners James K. Rothstein, Unilateral Settlements and Retroactive Transfers: A Problem of Copyright Co-Ownership , 157 University of Pennsylvania L... rebecca tushnet https://tushnet.blogspot.com/2015/04/dc-comics-thinks-derivative-works-are.html?m=0 Rebecca Tushnet's 43(B)log: DC Comics thinks derivative works are creator-less According to this post by a DC Comics artist (who created Felicity Smoak!). This raises fascinating contract issues, as well as depressing... https://tushnet.blogspot.com/2015/10/?m=0 Rebecca Tushnet's 43(B)log: 10/01/2015 - 11/01/2015 False advertising and more rebecca tushnet log https://tushnet.blogspot.com/2012/06/asa-ruling-on-sponsored-tweets.html Rebecca Tushnet's 43(B)log: ASA ruling on sponsored tweets While I'm at it: The ASA upheld a claim against Nike-sponsored tweets by soccer players for insufficiently disclosing that they were market... rebecca tushnet https://tushnet.blogspot.com/2007/06/aba-journal-on-consumer-class-actions.html?m=0 Rebecca Tushnet's 43(B)log: ABA Journal on consumer class actions This month's ABA Journal has a good story by Edward F. Sherman on the uncertain future of the consumer class action. It documents the many ... rebecca tushnet https://tushnet.blogspot.com/2020/02/false-advertising-of-flanges-leads-to.html?m=0 Rebecca Tushnet's 43(B)log: False advertising of flanges leads to rare recall and some disgorgement Boltex Manufacturing Co. v. Ulma Piping USA Corp., 2020 WL 598284, No. 4:17-CV-01400 (S.D. Tex. Feb. 7, 2020) Followup on the multimilli... https://tushnet.blogspot.com/2023/01/survey-ds-own-website-plausibly-show.html?m=0 Rebecca Tushnet's 43(B)log: survey + D's own website plausibly show materiality of presence of even... https://tushnet.blogspot.com/2011/07/everybody-in-pool-standing-makes-case.html?m=0 Rebecca Tushnet's 43(B)log: Everybody in the pool: standing makes case needlessly complicated Two opinions, both weirdly distorted by unhelpful standing inquiries. Aviva Sports, Inc. v. Fingerhut Direct Marketing, Inc., 2011 WL 2533... https://tushnet.blogspot.com/2017/03/reading-list-pam-samuelson-on-bottom-up.html Rebecca Tushnet's 43(B)log: Reading list: Pam Samuelson on bottom-up and top-down theories of fair... Pamela Samuelson, The Relative Virtues of Bottom-Up and Top-Down Theories of Fair Use A Response to Abraham Bell and Gideon Parchomovsky,... https://tushnet.blogspot.com/2014/04/tm-issues-you-get-what-you-pay-for.html Rebecca Tushnet's 43(B)log: TM issues, you get what you pay for edition Marty Schwimmer reports on the Orthodox Jewish Congregations' lawsuit against Urban Tortilla for the latter's new U-in-a-circle logo. Schwi... https://tushnet.blogspot.com/2013/02/the-nyt-on-misleading-calorie-claims.html Rebecca Tushnet's 43(B)log: The NYT on misleading calorie claims This video (HT Zach Schrag) is of interest not just because of the pervasive mislabeling it suggests is going on with our food (11-inch foo... rebecca tushnet https://tushnet.blogspot.com/2016/09/ny-law-offers-more-than-43a-when-it.html?m=1 Rebecca Tushnet's 43(B)log: NY law offers more than 43(a) when it comes to allegedly misleading... Casper Sleep, Inc. v. Mitcham, --- F.Supp.3d ----, 2016 WL 4574388, 16 Civ. 3224 (S.D.N.Y. Sept. 1, 2016 Casper sells mattresses over t... https://tushnet.blogspot.com/2017/03/gwharvard-conference-licensing-and.html Rebecca Tushnet's 43(B)log: GW/Harvard conference: licensing and exhaustion Licensing and Exhaustion Moderator: Prof. Robert Brauneis, George Washington University Law School Eric M. Reifschneider, The Marcon... rebecca tushnet https://tushnet.blogspot.com/2009/03/ipgender-save-date.html?m=0 Rebecca Tushnet's 43(B)log: IP/Gender: Save the Date rebecca tushnet https://tushnet.blogspot.com/2013/01/reading-list-coding-freedom.html Rebecca Tushnet's 43(B)log: reading list: Coding Freedom E. Gabriella Coleman, Coding Freedom: The Ethics and Aesthetics of Hacking : Free download available. Coleman argues that free/open source... rebecca tushnet reading list log coding freedom https://tushnet.blogspot.com/2006/08/ip-scholars-conference-anonymous.html Rebecca Tushnet's 43(B)log: IP Scholars conference, anonymous speech Hmm, that post title might be misleading. Thomas Cotter, Authorship, Audiences and Anonymous Speech . Positive and normative analyses of a... rebecca tushnet https://tushnet.blogspot.com/2015/09/announcement-howard-u.html?m=0 Rebecca Tushnet's 43(B)log: Announcement: Howard U Entertainment/Sports Law conference, Sept. 18-19 On September 18-19, 2015 Howard University School of Law is hosting a national conference focusing on entertainment, arts, and sports law. ... https://tushnet.blogspot.com/2011/08/why-mess-with-texas-when-its-doing-such.html Rebecca Tushnet's 43(B)log: Why mess with Texas when it's doing such a good job on its own? By way of an eagle-eyed correspondent: Apparently official Texas is embarrassed by steamy romance--shades of covering up Justice's breasts, ... https://tushnet.blogspot.com/2009/10/flash-forward-cellphone-lawsuit.html Rebecca Tushnet's 43(B)log: Flash forward: cellphone lawsuit continues MetroPCS Wireless, Inc. v. Virgin Mobile USA, L.P., 2009 WL 3075205 (N.D. Tex.) Eric Goldman pointed me at this interesting case, which... rebecca tushnet flash forward https://tushnet.blogspot.com/2013/02/top-three-results-for-stephen-king-guns.html?m=0 Rebecca Tushnet's 43(B)log: Top three results for "Stephen King guns" on Amazon Many things could be said about the Freudian aspects of these responses to Stephen King's Guns (and I've always wondered why flag towels a... https://tushnet.blogspot.com/2013/07/failure-to-quote-exact-ad-text-dooms.html Rebecca Tushnet's 43(B)log: Failure to quote exact ad text dooms complaint Bilodeau v. McAfee, Inc., 2013 WL 3200658 (N.D. Cal.) McAfee markets and endorses software, including software from RPC/Capital Intel... https://tushnet.blogspot.com/2007/05/its-not-hip-to-be-false.html Rebecca Tushnet's 43(B)log: It's not hip to be false The HipSaver Company, Inc. v. J.T. Posey Co., --- F. Supp. 2d ----, 2007 WL 1417446 (D. Mass.) The parties compete in the market for ... rebecca tushnet https://tushnet.blogspot.com/2016/04/no-mark-no-false-designation-of-origin.html Rebecca Tushnet's 43(B)log: No mark, no false designation of origin is still the rule in NY Innovation Ventures, LLC v. Ultimate One Distributing Corp., 2016 WL 1317524, No. 12-CV-5354 (E.D.N.Y. Mar. 31, 2016) The Fourth Circ... https://tushnet.blogspot.com/2013/12/trademark-twofer.html?m=1 Rebecca Tushnet's 43(B)log: Trademark twofer Kettler Capitals Iceplex ad, courtesy of Zach Schrag: After Charbucks , is the Kettler Klassic dilutive? rebecca tushnet log trademark twofer https://scholarship.law.umn.edu/concomm/680/ "The Project of the Harvard Forewords: A Social and Intellectual Inquir" by Mark Tushnet and... By Mark Tushnet and Timothy Lynch, Published on 01/01/95 https://tushnet.blogspot.com/2026/04/delay-still-defeats-lanham-act.html?m=0 Rebecca Tushnet's 43(B)log: delay still defeats Lanham Act presumption of irreparable harm Skillz Platform Inc. v. Voodoo SAS, 2026 WL 717220, No. 24-CV-4991 (VSB) (JW) (S.D.N.Y. Feb. 12, 2026) Skillz sought an injunction against... https://tushnet.blogspot.com/2012/02/sure-we-blew-up-economy-but-not-with.html?m=1 Rebecca Tushnet's 43(B)log: Sure, we blew up the economy, but not with consumer-oriented conduct https://tushnet.blogspot.com/2023/08/what-can-experts-testify-to-in-lanham.html Rebecca Tushnet's 43(B)log: What can experts testify to in Lanham Act cases? Not the law or... GOLO, LLC v. Goli Nutrition Inc., 2023 WL 4952576, No. 20-667-RGA (D. Del. Aug. 3, 2023) Potentially interesting pretrial rulings in this ... https://tushnet.blogspot.com/2011/12/reading-list-on-dilution.html?m=0 Rebecca Tushnet's 43(B)log: Reading list: on dilution Sarah Lux, Evaluating Trade Mark Dilution From the Perspective of the Consumer , UNSW Law Journal Volume 34(3) (2011). A nice, short summar... rebecca tushnet reading list log dilution https://tushnet.blogspot.com/2023/03/two-teaching-events-teaching-first.html Rebecca Tushnet's 43(B)log: Two teaching events: teaching first-generation students and developing... Please circulate widely! Anyone with an interest in teaching is invited to this free Harvard Law School webinar in which expert teachers sha... https://tushnet.blogspot.com/2019/08/anti-tanning-public-service-campaign.html?m=1 Rebecca Tushnet's 43(B)log: anti-tanning public service campaign targeted all tanning salons, thus... https://tushnet.blogspot.com/2017/08/state-courts-do-nominative-fair-use-too.html?m=1 Rebecca Tushnet's 43(B)log: state courts do nominative fair use too Instant Infosystems, Inc. v. Open Text, Inc., 2017 WL 3634547, No. B276691 (Cal. Ct. App. Aug. 24, 2017) Another illustration of the pr... https://tushnet.blogspot.com/2019/09/innovation-justice-and-globalization.html?m=0 Rebecca Tushnet's 43(B)log: Innovation, Justice, and Globalization: A Celebration of J.H. Reichman Harvard Law School Opening Keynote Yochai Benkler, Harvard University How do we understand what we do in our field against the bac... https://tushnet.blogspot.com/2012/02/false-marking-as-false-advertising.html Rebecca Tushnet's 43(B)log: False marking as false advertising requires bad faith GL Trade Americas, Inc. v. Trading Technologies Intern., Inc., 2012 WL 205909 (N.D.Ill.) GL sued TT for false advertising, unfair compe... https://tushnet.blogspot.com/2015/05/hypo-of-day-dennys-edition.html?m=0 Rebecca Tushnet's 43(B)log: Hypo of the day, Denny's edition This might require a bit of background. Tumblr is a social media platform very popular with a demographic of young users; Yahoo! bought Tum... of the day rebecca tushnet https://tushnet.blogspot.com/2014/11/the-eureka-myth-reputation.html Rebecca Tushnet's 43(B)log: The Eureka Myth: Reputation Fourth Session: Reputation and Policy Take-Aways Abraham Drassinower: what does thinking about misalignment tell us how to think about ... rebecca tushnet log eureka myth reputation