Rebecca Tushnet's 43(B)log

This forthcoming study suggests that (1) consumers are highly resistant to bad information about their favorite brands because they treat t...

Rebecca Tushnet, Worth a Thousand Words: The Images of Copyright Law, Harv. L. Rev. (forthcoming 2012). The draft is available at SSRN or ...

This short piece on SSRN, Emir Aly Crowne et al., Living Alavida Loca: A Masterpiece of a Decision , reports the court's position that i...

HT Mark McKenna: what to do when a beer claims that bottle caps float on its head, which turns out to be true ... but also true of other bee...

LG Electronics U.S.A., Inc. v. Whirlpool Corp., 2011 WL 3510889 (N.D. Ill.) LG lost most of its false advertising claims against Whirlpo...

I've said before that entry-level applicants should post their work publicly as much as possible. At times I will take advantage of one...

Gaston v. Schering-Plough Corp., 2011 WL 3452398 (Cal.App. 2 Dist.) Gaston appealed the denial of class certification in his UCL/CLRA/fra...

AMCO Ins. Co. v. Inspired Technologies, Inc., --- F.3d ----, 2011 WL 3477188 (8th Cir.) 3M sued Inspired for false advertising of Inspire...

Invention/ Teaching Eric E. Johnson, University of North Dakota School of Law, Intellectual Property and the Incentive Fallacy IP is non...

Fair Use and the Web Michael D. Murray, Valparaiso University School of Law, What Is Transformative? An Explanatory Synthesis of the Conv...

Trademark Theory and Empirical Work Barton Beebe, New York University School of Law, Is the Trademark Office a Rubber Stamp? What prop...

Trademark-Copyright Theory Jacqueline D. Lipton, Case Western Reserve University School of Law & John Tehranian, Southwestern Law Sch...

Empirical Work Jamie Lund, St. Mary's University School of Law, An Empirical Examination of the Lay Listener Test in Music Compositio...

Copyright Subject Matter Olufunmilayo B. Arewa, University of California, Irvine School of Law, Writing Rights: Performance, Creativity, ...