Icanhazjurisdiction?

Alan Trammell and I have a new article coming out on the problems of personal jurisdiction analysis when it involves Internet contacts. (The title is Personal Jurisdiction and “teh Interwebs”; I tried very hard to convince Alan to go with the title of this post, to no avail.) Abstract is below; we’d love your comments […]

Six Things Wrong with SOPA

America is moving to censor the Internet. The PROTECT IP and Stop Online Piracy Acts have received considerable attention in the legal and tech world; SOPA’s markup in the House occurs tomorrow. I’m not opposed to blacklisting Internet sites on principle; however, I think that thoughtful procedural protections are vital to doing so in a […]

Trademark Homesteading

I was quoted in a story in the newest ABA Journal — the lawyers’ club newsletter, essentially — discussing the fight over the term “urban homesteading.” The phrase refers to a sustainability movement of folks who try to raise and grow their own food and rely on alternative energy and other environmentally-oriented practices. This is […]

One Kim Kardashian Is Enough, Thank You

Kim Kardashian, possessor of the world’s most famous Armenian-American posterior, has sued Old Navy over a television commercial featuring an actress with an uncanny resemblance to her. You can read a Washington Post account of the suit, and watch the ad, here, and read New York Daily News coverage here. Celebrity impersonators can be a […]

Disney Seeks “Seal Team 6″ Trademark

Because it was only noted in a few news outlets (like this and this), I doubted it, but then I went and looked at the Patent and Trademark Office trademark search site myself, and it is true: Disney has filed an application for trademark rights over the name “Seal Team 6.” This is, of course, […]

Copyright’s Constituencies

Teaching Civil Procedure and Copyright together again during the just concluded semester, which I have not done since 2007, made for a study in contrasts. As we teach it at Cincinnati, the second semester Civ Pro course is an in-depth examination of some of the trickiest and most important provisions to be found in the […]

Court Protects Hoax Press Release

A Utah federal court has dismissed a complaint by Koch Industries — the giant privately-held conglomerate of the politically controversial billionaire Koch brothers — over a prank press release issued in the company’s name. (EFF blogged about the court’s opinion and also posted a PDF of it here.) The dispute began when anonymous pranksters calling […]

Hacking Michigan

No, it’s not the Butler Bulldogs trying to mess with the Spartans, though Michigan State is involved. I’m presenting The Hacker’s Aegis (forthcoming in the Emory Law Journal) at the Junior Scholars in IP Workshop at MSU’s College of Law. My friend Dave Levine has a paper on trade secrets here, and there’s a wealth […]

Hackers Are Your Friends

My friend and Berkman colleague Oliver Day and I have just released a new paper, The Hacker’s Aegis. It argues that intellectual property law has been hacked to block socially valuable research on software security. Moreover, we contend that software vulnerability data challenges existing assumptions, and scholarship, on how information about improvements to works protected […]

No One Believes Your Pizza Is Better

Domino’s has just started a new ad that makes fun of Papa John’s for its defense in a false advertising case: challenged by Pizza Hut over its claim that “Better Ingredients” mean Papa John’s has “Better Pizza,” PJ responded that the statements were “puffery.” Puffery sounds like something related to the Big Bad Wolf, but […]