Rebecca Tushnet's 43(B)log

Access and the Regulatory State C. Thomas Dienes, George Washington University Law School Barron’s article: Private censorship was...

Access to the Media Symposium at George Washington Law School Dean Frederick M. Lawrence, George Washington University Law School: ...

Eric Goldman and Matthew Sag on the latest keyword decision , from EDNY. The holding that keyword buys don't give rise to trademark ...

The NYT ran a story on how schools are using iPods filled with popular music and books like Harry Potter to assist in bilingual education....

Piazza’s Seafood World, LLC v. Odom, 2007 WL 2874436 (E.D. La.) Piazza imports seafood and, using the brand names “Cajun Boy” and “Cajun...

Rickert v. Pub. Disclosure Comm’n , -- P.3d --, 2007 WL 2891498 (Wash. Oct. 4, 2007) The state statute at issue banned “political adver...

I will be speaking on a panel on Copyright and Contemporary Art Practice at Electronic Arts Intermix in New York City at 6 pm on Oct. 16. M...

Huggies ads suggesting Pampers fit bricks better than babies can stay on the air; the court held there were real differences between the pro...

“I’m the Star” prints and CDs featuring “Your Name” as the star of your favorite sport. This has nothing to do with an expectation of au...

Mary LaFrance, William S. Boyd School of Law, University of Nevada, Las Vegas Identical Cousins? Dilution by Blurring and the Right of Publi...

Graeme B. Dinwoodie, Chicago-Kent College of Law The Role of Theoretical Justification: Dilution and Unfair Competition Law [missed the fi...

Barton Beebe, Cardozo School of Law The TDRA Case Law After One Year: A “Whole New Ballgame” Not so much to report, one year later: Court...

Laura R. Bradford, George Mason University School of Law Trademarks and Emotion Positive affect from famous marks stems largely from famil...

Mark Lemley and Stacey Dogan have argued, quite persuasively on normative grounds, for a "trademark use" requirement before infri...