Search for: "Roberts v. Beebe" Results 1 - 20 of 35
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23 Feb 2024, 1:43 pm by Rebecca Tushnet
Use expressio unis to get at the fact that the noncommercial use holding is limited to situations where the challenged use is “used as a mark for a commercial product”; the term noncommercial use can reasonably include uses as a mark for political speech—Robert Kennedy, Jr., is using his father’s famous name to promote himself politically (also highlighting the importance of small differences when it comes to speech in the political realm). [read post]
4 Oct 2021, 10:58 am by Rebecca Tushnet
Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function. [read post]
19 Feb 2021, 2:30 pm by Rebecca Tushnet
Roberts: doctrinal narrative that producer is really powerful. [read post]
31 Jul 2020, 12:38 pm by Rebecca Tushnet
  Beebe: tests our basic assumptions about TM law. [read post]
23 Mar 2017, 10:31 am by Rebecca Tushnet
  Robert Burrell: The market should often correct itself in terms of mark choice. [read post]
9 Jun 2016, 2:01 pm by Rebecca Tushnet
 Mid-Point Discussants:  Robert Burrell: Using the patent monopoly period to develop secondary meaning. [read post]
26 Sep 2015, 1:21 pm by Rebecca Tushnet
Robert Bone – Notice Failure and Defenses in Trademark Law  Bone’s basic argument: Principal notice issue in TM is uncertainty about scope, and principal problem is chilling effects. [read post]
30 Jun 2015, 4:13 am by Rebecca Tushnet
  Also, though Barton Beebe as usual insightfully criticizes the way that the shift to variations among TMs, not variations among consumers, has become more central to TM tests, I think there’s also a role for seeing the consumer change as she moves through her day. [read post]
29 Jun 2015, 4:34 am by Rebecca Tushnet
 Barton Beebe: Questions about consumers—very difficult to focus on one area without crossing over into others. [read post]