Friday, April 30, 2021

Amicus brief in rehearing petition for Warhol v. Goldsmith

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 With Christine Farley and Pam Samuelson : our brief addresses the effect of Google v. Oracle, which the Second Circuit has explicitly asked...
Wednesday, April 28, 2021

Nominative fair use (maybe) and Amazon

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 I've recently seen two examples of the following phenomenon: off of Amazon, an advertiser uses images of its product with another well-...
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Thursday, April 22, 2021

DoorDash invites users to get their grub on

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Screenshot of mobile search results for "Grubhub." Note also "Great Grubs" in the DoorDash blurb. I don't think it...
Monday, April 19, 2021

2020-2021 Georgetown Law Technology Review Student Writing Competition

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 From the site: 2020-2021 TOPIC Students are invited to submit papers addressing a legal or public policy question relating to emerging and ...
Friday, April 16, 2021

The 4th Circuit makes trademark use more contextual

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Combe Inc. v. Dr. August Wolff Gmbh & Co. Kg Arzneimittel, No. 19-1674 (4 th Cir. Apr. 13, 2021) Not only is this case a good demonst...
Wednesday, April 14, 2021

ICANN working group report on TM rights protection mechanisms in all gTLDs now open for comment

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Link to report and comment mechanisms . The Working Group did not recommend expanding trademark claimants' preemptive/pre-registration n...

Michael Jordan's ROP claims against ads in the SI special issue on him

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 I just heard this discussed on a GALA (Global Advertising Lawyers Alliance, recommended for international updates) event, and fortuitously ...

Substantiation issues?

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 This poster in a local dry cleaner's, produced by a larger association, gave me pause: I believe that dry cleaning likely destroys most...
Monday, April 12, 2021

Recent reading: on brands and sumptuary codes

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Inspired by Kali Murray’s great comments at this past week’s Race and IP conference, some notes from recent reading: Virginia DeJohn Ander...
Friday, April 09, 2021

Harvard Journal of Sports & Entertainment law seeking submissions

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  The  Harvard Journal of Sports and Entertainment Law  (JSEL) is accepting submissions for Volume 13, set to publish during AY21-22. Submis...
Thursday, April 08, 2021

Reading list: native ad disclosures that work?

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Eyal Peer & Dalia Shilian, Improving Consumers’ Ability To Detect Native AdvertisingUsing Identified Disclosure : Native advertising o...
Wednesday, April 07, 2021

a handful of Google v. Oracle thoughts: categories, microworks, and market circularity

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A couple of small Google v. Oracle thoughts: The majority clearly says that, as with other categories of protected works, distinctions can b...
Wednesday, March 10, 2021

Fanciful Failures: Keeping Nonsense Marks off the Trademark Register

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 I'm excited to announce the publication of this Note by my former student Grace McLaughlin, which addresses the fascinating topic of m...
Wednesday, February 24, 2021

Global Advertising Lawyers Alliance (GALA) Webinar – “Hot Topics in Advertising Law in North America”

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I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical...
Monday, February 22, 2021

WIPIP SESSION 9.B. — Copyrights

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Peter Lee, UC Davis School of Law Autonomy, Copyright, and the Structure of Creative Production Theory of the firm would suggest more co...