Thursday, September 13, 2007

Book chapter: Truth and Advertising

This is my contribution to Trademark Law and Theory: A Handbook of Contemporary Research (Graeme B. Dinwoodie and Mark D. Janis, eds.) (Elgar, forthcoming 2008). It is an overview of my work on the Lanham Act and the First Amendment, with special attention to ways in which dilution law breaks the tradition of regulating the informational content of commercial speech and attempts to regulate its emotional content.


Anonymous said...

I have to confess to giggling over the irony of the Berkeley Electronic Press claim of trademark rights in "SelectedWorks" and "Tm" bug --where the heading for your contribution reads "Selected Works of Rebecca Tushnet."
Love your blog and your dad was one of my favorite professors at GULC.

RT said...

I had not even noticed that; it's a pretty incredible claim, all right. I'd go with generic, though I suppose one could make a weak case that it's descriptive.

Glad you enjoy the blog! And I'll mention that to my dad.