Social Marketing Article Published

From blog post to journal article! I am pleased to report that the new issue of the University of Illinois Law Review includes my article, Disclosure, Endorsement, and Identity in Social Marketing. The ideas for the article began in posts on this blog, starting here and continuing here.
Here’s the full abstract of the new article:

Social [...]

Kosher Certification

The ACLU has filed an interesting lawsuit in Georgia challenging the state’s kosher labeling laws. At first I thought the argument was that the state could not crack down on deceptive labeling. But it turns out, as the ACLU’s complaint makes clear, that there is not consensus about the requirements of kashruth among Jews [...]

Some IPSC 2009 Highlights

I am at the Intellectual Property Scholars Conference at Cardozo Law School in New York City. If you don’t have the good fortune to be here with me, the agenda and paper abstracts are on line.
A couple of idiosyncratic highlights for me so far include:
Tom Lee’s empirical analysis of how consumers perceive the semantic or [...]

Tip for Trademark Infringers

If your car is loaded with thousands of knockoff jewels and handbags, it’s advisable to obey basic traffic laws. At 4:30AM, police are more likely to notice traffic violations.
As a side note, it’s endless fun to see the wealth of IP infringement that New York City produces. Counterfeit DVDs, fake handbags, unlicensed Michael Jackson or [...]

More Fun With Section 230

There is some back-and-forth between Michael Risch and me about section 230, building on my earlier post here, now posted on PrawfsBlawg.

Trademarks, Movies, and the Clearance Culture

As I hole up in my ivory tower writing about trademark fair use reform this summer, it’s nice to know that the issue might matter in the outside world. In a pair of signs yesterday, I ran across two different news articles showing how seriously our overbroad trademark rights are constraining free expression.
First, while waiting [...]

Celebrity Impersonation and Section 230

Cyberprof Michael Risch has posted some interesting thoughts on the emerging complexity of Section 230. We’ve talked about this provision on the blog many times before. And Mark Lemley wrote a good paper on it a while back. The provision pretty much immunizes web sites and other internet providers from liability for a host [...]

How Filtering Affects ISPs

This is the write-up of a short talk I gave at the Filtering Workshop put on by the Cyberspace Law and Policy Centre at the University of New South Wales last week. I welcome comments, feedback, and criticism!
Filtering Workshop: Implications for ISPs (University of New South Wales, 4 March 2009)
My theme is that the proposed [...]

Oh My God, They Killed Copyright!

OK, it’s a weak title, but I needed the South Park allusion. When I was at Lotus, one of the plums was being selected to go to Lotusphere, the annual confab at the Walt Disney Swan and Dolphin resorts in Florida. I went twice (once as podium slave, once as presenter), and loved it for [...]

Super Bowl IP Face-Off III

This blog has reported before on the efforts of the NFL, both in 2007 and in 2008, to threaten churches that planned to hold Super Bowl viewing parties. The league claimed an infringement of its intellectual property rights.
As Tim and I explained in those past years, showing a broadcast of the game on a [...]

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