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14 Jun 2019, 11:01 am by Rebecca Tushnet
Harmless Free Riding by Wendy Gordon, Boston University School of Law (Additional related drafts from Wendy: Time and Intellectual Property After Coaseand Proximate Cause in the Law of Copyright: Linking Liability to Incentives)Common law imposes penalties on those who harm much more readily than it requires people to avoid benefiting without payment; very few duties to help and lots of duties not to harm. [read post]
4 Jun 2019, 10:19 am by Rebecca Tushnet
  So we know what he thinks.Panelists: Rebecca Tushnet – Frank Stanton Professor of the First Amendment, Harvard Law SchoolAmestoy/6th Circuit cases striking down competing regulations of disclosure of rBGH, showing the current tensions in the law. [read post]
31 May 2019, 9:47 am by Rebecca Tushnet
Long post, lots of stuff to cover in this opinion.MillerCoors, LLC v. [read post]
6 May 2019, 7:53 am by Rebecca Tushnet
Rebecca Tushnet, Harvard Law School, On PufferyPuffery is a concept that purports to be about things consumers ignore and don’t rely on. [read post]
22 Apr 2019, 9:19 am by Media Law Prof
Rebecca Tushnet, Georgetown University Law Center, has published The First Amendment Walks Into a Bar: Trademark Registration and Free Speech, at 92 Notre Dame L. [read post]
22 Mar 2019, 10:03 am by Eric Goldman
The resulting opinion confused me (I think Rebecca Tushnet was also confused). [read post]
25 Feb 2019, 6:51 am by Eric Goldman
My schedule tends to get busy around each new year, so my year-end recaps keep coming later and later. [read post]
19 Feb 2019, 12:40 pm by Rebecca Tushnet
These developments could have a profound impact on the rights of IP owners, domain name registrants, and the public, and on the architecture of the internet.1:30 Welcome, Christine Haight Farley, American University Washington College of Law1:40 Trademark Protections in the New gTLDsBrian Beckham, WIPO (invited)Michael Karanicolas, University of Toronto Brian King, MarkMonitor (invited)Rebecca Tushnet, Harvard Law SchoolBrian Winterfeldt, Winterfeldt IP Group (invited)Mary Wong,… [read post]
7 Jan 2019, 6:12 am by Eric Goldman
Rebecca Tushnet and I are pleased to announce the publication of the fourth edition of our casebook, Advertising & Marketing Law: Cases & Materials. [read post]
4 Jan 2019, 10:19 am by Rebecca Tushnet
Any questions about the submission procedure should be directed both to Christine Jolls (christine.jolls@yale.edu) and her assistant, Katherine Pothin (katherine.pothin@yale.edu).FURTHER INFORMATION: Inquiries concerning the Forum should be sent to Christine Jolls (christine.jolls@yale.edu) or Yair Listokin (yair.listokin@yale.edu) at Yale Law School, Norman Spaulding (nspaulding@law.stanford.edu) at Stanford Law School, or Matthew Stephenson (mstephen@law.harvard.edu) or Rebecca… [read post]
26 Nov 2018, 10:20 am by Eric Goldman
Starting in 2002 and continuing for about a decade, 1-800 Contacts systematically locked up many of its online contact lenses retail competitors into settlement agreements that prohibited the parties from bidding on each other’s trademarks at the search engines. [read post]
11 Nov 2018, 9:50 am by Camilla Alexandra Hrdy
The post also draws attention to a growing refrain by trademark scholars such as Rebecca Tushnet, Mark McKenna, and Mark Lemley: that a possible response to trademark courts' embrace of alternative theories of confusion is to institute a materiality requirement, like courts use for false advertising claims.What Is Post-Sale Confusion? [read post]
22 Oct 2018, 4:59 pm by Daniel Nazer
EFF was joined as an amicus by Brave New Films, Eric Alterman, Fairness and Accuracy in Reporting, the Internet Archive, the Organization for Transformative Works, Professor Rebecca Tushnet, and the Wikimedia Foundation. [read post]
12 Sep 2018, 4:56 pm by Dennis Crouch
  On the other side, find Rebecca Tushnet, What’s the Harm of Trademark Infringement? [read post]
31 Aug 2018, 6:10 am by Barry Sookman
As Rebecca Tushnet put it well, Section 230 “allows Internet intermediaries to have their free speech and everyone else’s too. [read post]
25 Aug 2018, 10:05 am by JB
Louis 840 60 7 Martha Minow Harvard University 820 63 8 Jody Freeman Harvard University 800 54 9 Catharine MacKinnon University of Michigan 780 71 10 Rachel Barkow New York University 775 47 11 Kimberle Crenshaw Columbia University 710 59 12 Pamela Karlan Stanford University 670 59 13 Oona Hathaway Yale University 660 45 14 Heather Gerken Yale University 650 49 15-T Pamela Samuelson University of California-Berkeley 640 69 15-T Rochelle Dreyfuss New York… [read post]
24 Aug 2018, 8:07 am by Dennis Crouch
Mark Lemley (Stanford), Mark McKenna (Notre Dame), and Rebecca Tushnet (Harvard) have joined together in supporting the rehearing. [read post]
15 Aug 2018, 2:59 pm 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   Robert Heverly robheverly Albany       Sarah Rogerson RogersonSarah Albany       Tim Caulfield CaulfieldTim Alberta       Peter Sankoff petersankoff Alberta  … [read post]