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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 (nspaulding@law.stanford.edu) at Stanford Law School, Christine Jolls (christine.jolls@yale.edu) or Yair Listokin (yair.listokin@yale.edu) at Yale Law School, or Matthew Stephenson (mstephen@law.harvard.edu) or Rebecca Tushnet (rtushnet@law.harvard.edu) 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 (nspaulding@law.stanford.edu) and the forum conference coordinator, Stephanie Basso (jff@law.stanford.edu)FURTHER INFORMATION: Inquiries concerning the Forum should be sent to Norman Spaulding (nspaulding@law.stanford.edu) at Stanford Law School, Christine Jolls (christine.jolls@yale.edu) or Yair Listokin (yair.listokin@yale.edu) 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]
30 Oct 2019, 1:05 pm by Rebecca Tushnet
Rebecca Tushnet, Frank Stanton Professor of First Amendment Law, Harvard Law SchoolEmpirical work: are we running out of trademarks? [read post]
27 Sep 2019, 6:00 am by Rebecca Tushnet
Rebecca Tushnet, Harvard University, session chairGraham Dutfield, The evolving role of branding in pharmaceutical management: how should competition law respond? [read post]
24 Sep 2019, 10:12 pm by Orly Lobel
Thanks to Rebecca Tushnet's great coverage, I just realized that I am a confused Peloton rider in this new trademark case. [read post]
13 Sep 2019, 7:25 am by Bridget Crawford
Hill ProfJulieHill Alabama       Shalini Ray shalbharg Alabama immigration professional responsibility civil procedure Adam Steinman Adam_Steinman Alabama       Joyce Vance joycewhitevance Alabama Criminal Law/Procedure Criminal Justice Reform, Civil Rights   Andy Ayers ABlakesleeAyers Albany Immigration Admin Government Ray Brescia rbrescia Albany Access to Justice and Technology Inequality   Ted De Barbieri TedDeBarbieri Albany Community Economic Development… [read post]
25 Jul 2019, 3:30 am by Rebecca Tushnet
Rebecca Tushnet Tarleton Gillespie’s important book Custodians of the Internet unpacks the simultaneous impossibility and necessity of content moderation, highlighting nuance rather than answering questions. [read post]
6 Jul 2019, 7:19 pm
"Rebecca Tushnet says "'may reasonably be perceived' has been the test (at least for parody) since Campbell--neither this judge nor the 2d Circuit made it up--and it makes sense for all forms of meaning-transformativeness, not just for the subcategory of parody, as both 2d and 9th have recognized. [read post]