Tracking Trademark Scholarship

If you follow trademark law you must bookmark this invaluable web site at the University of Texas at Austin Law Library. It lists every new trademark law article weekly. Fabulous (though I wish it linked to online versions of the articles too).

The Associated Press, Fair Use, and Counting with Cookie Monster

On reading about the dispute between the Associated Press and the Drudge Retort, I wondered immediately if AP had hired the Count from Sesame Street, and whether Cookie Monster blogs.
Copyright fights with bloggers are nothing new. Heck, they even show up in divorce proceedings occasionally. But this looks like serious overreaching by AP, for three […]

Harvard Law Faculty Commits to Open Access to Scholarship

I’ve been sitting on this post for what seems like an eternity, but the news embargo has been lifted, and we’re all free to share the fantastic news from Harvard Law School, where the faculty voted unanimously to provide open access to faculty scholarship in an online repository. This makes Harvard the nation’s first […]

Can States Copyright Their Statutes?

Via Boing Boing comes a story about the State of Oregon asserting copyright over its official codification of state laws, the Oregon Revised Statutes. The state’s Office of Legislative Counsel has been sending out C&Ds to groups like Justia and public.resource.org, demanding that they take down their copies of the state laws. The groups are […]

Wal-Queda Defeats Wal-Mart

A new decision from a federal district court in Atlanta illustrates perfectly what I have been saying is right and wrong with trademark fair use doctrine.
The case involves Charles Smith, a rather offbeat critic who created two portmanteaus to describe the megalithic retailer Wal-Mart somewhat, um, unfavorably: WAL-OCAUST and WAL-QUEDA. He set up web […]

Changes in Realspace

Info/Law isn’t going anywhere, but I am. In the fall, I’ll take up residence as an assistant prof at Brooklyn Law School, which has kindly offered to put up with my collection of tech cartoons, Legos, and Lotus memorabilia. It will be hard to leave my friends at Wayne State, but I hope to entice […]

Companies Enabling Censorship

Xeni Jardin of BoingBoing writes a great op-ed in the New York Times on the use of American technology, from companies such as Secure Computing and Websense, in helping authoritarian countries censor the Internet. (Presumably space was too short for her to mention Cisco in China, or Fortinet, which both helps Burma and misled ONI […]

My Trademark Fair Use Project

I have been relatively absent from the blog for a few weeks as I worked to complete two pieces of writing that have consumed all my time and brainpower. Both concern trademark “fair use” — the defenses available to those who use trademarks to facilitate their free expression.
The first piece, Four Free Speech Goals […]

Is the DMCA Still Relevant?

That’s the question I’ve been asking myself (and, occasionally, others) for most of the last year. (As some of you know, I’ve spent quite a bit of that time working on a new paper about the DMCA, and I’m not jaded enough yet not to feel a twinge of regret at the prospect […]

How Drunk Can You Be and Still Drive a Supertanker?

Pretty drunk, apparently. The key issue is whether you’ll drive it well, or instead plow into a reef and spill millions of gallons of oil into a fragile ecosystem.
My friend and colleague Colette Routel has written an amicus brief on the Exxon case (that’s the Exxon Valdez case). She’s also explained the case to the […]

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