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As former President Donald Trump’s New York civil fraud trial heads to conclusion in New York state court, his next civil trial begins in federal court in Manhattan. [read post]

Just Security - https://www.justsecurity.org/

Hot Take on the Wavy Baby Decision (Guest Blog Post)

11 Dec 2023, 7:16 am by Eric Goldman

by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. v. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

27 Nov 2023, 8:07 am by Eric Goldman

Vidal v. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

[Eugene Volokh] Bans on Approaching or Videorecording Hunters Struck Down by Seventh Circuit

16 Nov 2023, 5:01 am by Eugene Volokh

From Brown v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Trademark Extraterritoriality: Abitron v. Hetronic Doesn’t Go the Distance (Guest Blog Post)

17 Jul 2023, 8:32 am by Eric Goldman

By Guest Bloggers Margaret Chon and Christine Haight Farley [Margaret Chon is a Professor of Law at Seattle University School of Law, and Christine Haight Farley is a Professor of Law at American University Washington College of Law.] [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

3 Jul 2023, 11:00 am by Rebecca Tushnet

Industria De Alimentos Zenu S.A.S. v. [read post]

43(B)log - http://tushnet.blogspot.com/

Recommended Reading: Professors Farley and Ramsey: "Raising the Threshold for Trademark Infringement to Protect Free Expression"

22 Jun 2023, 4:13 am

Professor Christine Haight Farley of American University - Washington College of Law, and Professor Lisa P. [read post]

The TTABlog - http://thettablog.blogspot.com/

Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

21 Jun 2023, 6:38 am by Eric Goldman

(See the briefs and amicus briefs filed in the Jack Daniel’s case, and Part I of my paper with Professor Farley.) [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Federal Circuit Narrows Scope for Copyrighting Software Function

6 Apr 2023, 10:36 am by Dennis Crouch

SAS Inst. v. [read post]

Patently-O - https://patentlyo.com

The First Amendment Limits Trademark Rights, But How?–Jack Daniel’s v. Bad Spaniels (Guest Blog Post)

3 Apr 2023, 6:43 am by Eric Goldman

Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

WIPIP, Concurrent Session #1, Design

3 Feb 2023, 7:23 am by Rebecca Tushnet

A far cry from Sears v. [read post]

43(B)log - http://tushnet.blogspot.com/

WYWH: A Primer on Artist Trusts

23 Jan 2023, 4:34 pm by centerforartlaw

Kitaj Estate; Farley Gwazda, Gwazda Art Services; and contemporary art curator, writer and researcher Kristina Newhouse. [read post]

Center for Art Law Blog - http://itsartlaw.com

CAFC Reverses TTAB's THUMS UP and LIMCA Decision: Coca-Cola Failed to Prove Use or Reputation in the U.S. and So Lacked Statutory Standing

5 Jul 2022, 7:30 am

Ltd. v. [read post]