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1 Jun 2020, 9:51 am by Jackie McDermott Although this case centers around a seemingly narrow question—whether’s name can be registered as a trademark—it also raises another question explored in our argument recap by Corynne McSherry of the Electronic Frontier Foundation and law professors Rebecca Tushnet of Harvard Law School and Margaret Du [read post]
7 May 2020, 9:04 am by Rebecca Tushnet
Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising, Iowa Law Review, ForthcomingAbstract:Federal law presumes that false advertising harms competition. [read post]
18 Apr 2020, 2:24 pm by Marty Schwimmer
Ohio Jun. 16, 2017) Rebecca Tushnet on Buzz Seating v Encore Seating Ninth Circuit TTABlog on VVV v Menkashi, Ninth Circuit [read post]
11 Apr 2020, 7:17 am by Marty Schwimmer
Application of Rogers v Grimaldi Test Application of ‘inextricable intertwined’ test link to 3rd circuit decision Link ot Rebecca Tushnet on Facenda v NFL Films Download [read post]
8 Apr 2020, 10:57 am by Marty Schwimmer
Rebecca Tushnet on D Ct Bad Spaniels Jared Kagan / IPWatchDog on Ninth Circuit Bad Spaniels Eric Goldman on Ninth Circuit Bad Spaniels Download [read post]
6 Apr 2020, 5:58 pm by Marty Schwimmer
My Other Bag Rebecca Tushnet on D Ct decision in My Other Bag Plaintiff-Appellant Brief Rebecca Tushnet on 2d Circuit decision in My Other Bag Law Professor Amicus in 2d Cir appeal of My Other Bag Download [read post]
25 Mar 2020, 10:10 am by Evelyn Douek
” And as Rebecca Tushnet tweeted—in an example made topical by clogged pipes around the country caused by people using disinfecting wipes in the midst of a pandemic-induced toilet paper shortage—“A court a few years back held that it violated the First Amendment to tell manufacturers not to label their wipes ‘flushable,’ because flushability was ‘controversial. [read post]
11 Mar 2020, 12:16 pm by Eric Goldman
Coverage of the event from Rebecca Tushnet: AG Barr’s remarks and Panel 1; Panel 2; Panel 3; and afternoon roundtable. [read post]
2 Mar 2020, 10:14 am by Rebecca Tushnet
Introduction: Rebecca Tushnet One consideration in how we should structure the regime is that casual empiricism is a pervasive and possibly unsolvable problem because courts don’t notice when they’re making empirical claims: SCt cases (even in Tam, on registration as endorsement). [read post]
14 Feb 2020, 9:52 am by Rebecca Tushnet
  Cox is a good case: they failed to enforce even a toothless repeat infringer policy.Professor Rebecca Tushnet, Frank Stanton Professor of the First Amendment, Harvard Law SchoolDownload TestimonyI would like to start with some perhaps surprising numbers that illustrate what §512 has meant for creativity and innovation online. [read post]
12 Feb 2020, 11:44 am by Katharine Trendacosta
In the second part of the hearing, Professor Rebecca Tushnet, a Harvard law professor and former board member of the Organization for Transformative Works (OTW), stressed how much that the safe harbor has done for creativity online. [read post]
31 Jan 2020, 11:37 am by Heather Joy
FURTHER INFORMATION: Inquiries concerning the Forum should be sent to Norman Spaulding ( at Stanford Law School, Christine Jolls ( or Yair Listokin ( at Yale Law School, or Matthew Stephenson ( or Rebecca Tushnet ( at Harvard Law School. [read post]
20 Jan 2020, 7:00 am by Rebecca Tushnet
Any questions about the submission procedure should be directed both to Professor Norman Spaulding ( and the forum conference coordinator, Stephanie Basso ( INFORMATION: Inquiries concerning the Forum should be sent to Norman Spaulding ( at Stanford Law School, Christine Jolls ( or Yair Listokin ( at Yale Law  School,or Matthew Stephenson… [read post]
15 Jan 2020, 8:56 am by Media Law Prof
Rebecca Tushnet, Harvard Law School, is publishing Content Moderation in an Age of Extremes in Case Western Reserve Journal of Law, Technology & the Internet (volume 10, 2019). [read post]
5 Jan 2020, 6:00 pm by Juvan Bonni
 Rebecca Tushnet: Shoveling a Path After Star Athletica (Source: SSRN) New Job Postings on Patently-O: Dority & Manning Roberts Mlotkowski Safran Cole & Calderon, P.C. [read post]
3 Jan 2020, 7:22 am by Dennis Crouch
Based on the information Professor Rebecca Tushnet has been able to gather about trademark seizures, it appears that the agency does not keep good records and its substantive determinations are guided by materials provided by trademark owners. [read post]
5 Dec 2019, 10:43 am by Rebecca Tushnet
Session 3: Shaping an Overall Approach to ProtectionIntroductions: Jerry Reichman and Estelle Derclaye  In what ways should different forms of protection be tailored to various types of subject matter (construed legally as forms of intellectual property, but also subject matter construed socially or commercially)? [read post]