“Rethinking Trademark Fair Use” Now Posted

My full-length article about the practical problems with trademark fair use (and possible reforms) is now available on SSRN. It will appear in the Iowa Law Review at the end of 2008. A shorter “prequel” was published earlier this year.
This is the abstract of the new paper, entitled Rethinking Trademark Fair Use:
The ever-expanding […]

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).

Naked Blue M&Ms and Endorsements

What better way to dive back into regular blogging than to discuss the Info/Law implications of a naked blue anthropomorphized M&M in Times Square?
A recent decision by Judge Denny Chin in New York federal court involved two billboards in Times Square advertising M&M candies. The video animation in the billboards depicted M&Ms in various […]

Payless and the Terrible, Horrible, No Good, Very Bad Day

The Oregonian reports that Adidas won an astronomical $305 million trademark infringement verdict against discount retailer Payless Shoes this morning. Trademark blogger Marty Schwimmer can’t think of another infringement verdict even close to this size, and neither can I. Most trademark litigators would consider any case worth more than $25 million a very […]

Challenge to Facebook’s Trademark

Most readers probably know about the bitter lawsuit against Mark Zuckerburg, the controversial founder of Facebook, alleging that he stole the idea for the wildly successful social-networking site from other Harvard students who had hired the young geek to write code for a similar site, eventually unveiled as ConnectU. I never knew whom to […]

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 […]

Harry Potter and the Lexicon of Fair Use

No, it’s not the eighth installment of the Rowling series - rather, it’s the latest installment of the ongoing legal fistfight over RDR Books and Steven Vander Ark’s attempt to publish a book version of the on-line guide to the Harry Potter wizarding world. (I posted briefly on this earlier, when I was annoyed by […]

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 […]

IP Foolishness Infecting Political Coverage

Continuing our proud tradition here at Info/Law of mercilessly spotlighting journalistic cluenessness in matters of intellectual property (all with the best of intentions! right, guys? …guys?), here’s today’s morsel, from “Inside Higher Ed”: Does Clinton Have a Copyright Problem?. The accusation: Senator Clinton has appeared in front of big campaign banners reading “Solutions for America,” […]

Congressman From Hollywood to Yield His Chair

Ars Technica has reported that a chain reaction resulting from the death of Congressman Tom Lantos may mark a significant improvement in the line-up of chairmanships influential on Info/Law issues. (It may seem a bit ghoulish to speculate on the spoils right after the death of a great legislator like Lantos, a towering figure […]

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