Saturday, February 28, 2026

WIPIP Panel 6: Design and Brand; Protectable Subject Matter; Copyright Theory and Doctrine II

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A Pantone Prerogative: Defining the Privilege to Standardize Color (Felicia Caponigri) Color standards have been around for a long time. P...

WIPIP Panel 5: Trademark Doctrine

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 The Arbitrary Myth (Dustin Marlan) Connecting the Abercrombie critique literature w/some of the critical/cultural appropriation theory. J...
Friday, February 27, 2026

WIPIP Panel 4: Emerging Technologies

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The European Accent of U.S. Digital Platform Speech (Brian Downing) We are often told that self-governance by corporate platforms is bette...

"shipping protection fee" providing no extra protection was plausibly misleading drip pricing

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DeMarco v. DNVB, Inc. (Thursday Boot Co.), No. 25-CV-3076 (GHW) (RFT), 2025 WL 4378637 (S.D.N.Y. Dec. 5, 2025) (R&R) Thursday Boot sel...

WIPIP Panel 3: Deepfakes, Celebrities, and Movies

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A Digital Right of Publicity for the AI World (Emma Perot) Prehistory: ROP covers lookalikes, soundalikes, video game avatars (at least fo...

WIPIP Panel 2: Copyright and Culture

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  Copyright’s Invisible Hand: Subsidizing America’s Cultural Institutions (Guy Rub) © sometimes requires payment from more intensive users...

WIPIP, BU Panel 1: Trademark Theory and Practice

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Trademarks, Functionality, and Competition (Glynn Lunney)          Came in late; 3d Circuit is not a good circuit for trade dress (11.8% s...
Wednesday, February 25, 2026

Deadly automatic litterbox might be falsely advertised as "safe"

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Gomez v. PetPivot, Inc., 2026 WL 507708, No. 25-cv-5622 (LJL) (S.D.N.Y. Feb. 24, 2026) “Safe” is the kind of word that is general enough t...
Tuesday, February 24, 2026

Amicus in support of cert in Lanham Act intent/damages case

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 Truth in Advertising, Barton Beebe, Mark Lemley, Alexandra Roberts and I just filed a brief arguing that the Supreme Court should clarify ...
Monday, February 23, 2026

Does "Dead Weeds in 1 Day" mean the entire weed will die, or just the visible part?

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Scotts Co. v. Procter & Gamble Co., 2026 WL 482655, No. 2:24-cv-4199 (S.D. Ohio Feb. 20, 2026) Previously, the court rejected Scotts’ ...

(c) licensor's claims about competitor's allegedly worse licenses were opinion, not falsifiable fact

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Tresóna Multimedia, LLC v. Pre-Cleared Ltd. D/B/A ClicknClear, 2026 WL 480858, No. 25-cv-6202 (GBD) (S.D.N.Y. Feb. 19, 2026) Tresóna, a mu...