Design law issue-spotter of the day:

"What’s important to note is Palmer’s celebration trademark only concerns the use of his celebration in commercial ventures, such as selling clothing or in an advert. It does not stop other people from mimicking the celebration." www.nytimes.com/athletic/679...

Getty Images v Stability AI: A landmark High Court ruling on AI, copyright, and trade marks The much-awaited decision in the lawsuit between stock photography giant Getty Images and AI developer Stability AI has now been released, see: Getty Images v Stability AI EWHC 2863 (Ch). I've discussed…

Design law at the Federal Circuit: Crocs v. ITC (trade dress) will be argued today. Panel is Lourie, Stoll, Chun (WDWA): www.cafc.uscourts.gov/home/oral-ar... Docket: www.courtlistener.com/docket/68132...

New ruling in Penn State v. Vintage Brand trademark dispute: "Judge upholds verdict in Penn State trademark infringement case but urges an appeal" www.pennlive.com/news/2025/11...

From "milk chocolate" to "chocolate candy": why your favorite candy bar might taste a little different now (gift link)

Alston & Bird Sanctioned $10K For LinkedIn Juror Research www.law360.com/articles/240...

Cameo Sues OpenAI Over Sora Feature With Same Name www.law360.com/articles/240...

A few weeks ago I sat down with Simon Adler at @radiolab.bsky.social and recorded for a few hours about the evolution of speech online and where we are now. I was honored he turned our chat into a stand-alone episode. Have a listen. radiolab.org/podcast/cont...

If you are interested in the history of AI (with a focus on Google), I highly recommend this podcast by Acquired. It is over four hours long and full of interesting details. podcasts.apple.com/us/podcast/a...

Just learned about this decision, currently on appeal to the Seventh Circuit. Judge Alonso denied a #ScheduleA defendant's motion for fees in what appears to be a "jurisdiction by shopping cart" situation: www.scribd.com/document/904...

'GirlDad' TM Fight Expands To 'GirlMom,' 'BoyDad,' 'BoyMom' - The government should not register or protect trademark rights in such terms for T-shirts and other types of expressive merchandise, as this chills free speech and harms fair competition. www.law360.com/articles/239...

I just posted Ipse Dixit #830, featuring John Tehranian of Southwestern Law discussing his new book "The Secret Life of Copyright Intellectual Property and Inequality in the Age of AI" from @universitypress.cambridge.org. shows.acast.com/ipse-dixit/e...

Professor Curtin Files Petition for Certiorari in RAPUNZEL Consumer Standing Case thettablog.blogspot.com/2025/10/prof...

Huge thanks to @mikescarcella.bsky.social for linking to the UNCRUSTABLES trade dress complaint here: www.reuters.com/legal/litiga... Shall we all take a look?

What Happened When AI Came for Craft Beer www.404media.co/what-happene...

Takeaways From Ninth Circuit’s Revival Of Trader Joe’s Trademark Infringement Suit Against Independent Union Over Labor-Branded Merchandise www.lexology.com/library/deta...

"Almost instantly, Sora’s early-access users were spinning up videos made with copyrighted material plucked from pop culture. (We saw more “Rick and Morty” and Pikachu videos than we would have liked.)" www.nytimes.com/2025/10/02/t...

The USPTO is putting on several free webinars about trademark law as part of its Trademark Basics Boot Camp - the first one is on Tuesday, October 7. Information is at this link: www.uspto.gov/about-us/eve...

Trademark folks on BlueSky: Do you think the government should allow this law firm (or anyone else unrelated to Disney) to claim trademark rights in an image from, or short clip of, the public domain Steamboat Willie or the phrase "Steamboat Willie" for goods or services?

Morgan & Morgan sues Disney over Steamboat Willie Mickey Mouse ad floridapolitics.com/archives/756...

Is ‘The Pitt’ Really an ‘ER’ Spinoff? Michael Crichton’s Estate Says It Is. www.nytimes.com/2025/09/12/b...

Neuralink’s Bid to Trademark ‘Telepathy’ and ‘Telekinesis’ Faces Legal Issues www.wired.com/story/uspto-...

CAFC Vacates and Remands TTAB's Affirmance of F**K Failure-to-Function Refusal Due to Lack of Clarity thettablog.blogspot.com/2025/08/cafc...

Federal Circuit vacates and remands in Brunetti: www.cafc.uscourts.gov/opinions-ord... (h/t @ttablog.bsky.social) #trademarks

Cracker Barrel Drops New Logo Design After Conservative Backlash www.nytimes.com/2025/08/26/b...

"It is still a free country. You can still say what you want. So why are so many powerful institutions behaving like it isn’t and they can’t? If a few bratty cartoon kids can peel off the emperor’s clothes, what are the grown-ups so afraid of?" [giftie] www.nytimes.com/2025/08/16/a...

Do you ever start reading something, and it's so disturbing that you just KEEP reading it and jotting down some notes and complaining to everyone you talk to and then... the next thing you know you have a whole article about it?? Here is my new article about the NO FAKES bill. 1/

Updated Map of All US Copyright suits v AI companies. 45 cases still live. 3 voluntarily dismissed. Don’t expect any other cases to have decisions on fair use until spring 2026 at the earliest. Bartz trial on pirated books is Dec 1st in SF, 8 AM sharp. chatgptiseatingtheworld.com/2025/08/13/u...

IP Atty Asks High Court To Hear 'US Space Force' TM Case www.law360.com/articles/237...

Judge Kness: the SAD Scheme “Should No Longer Be Perpetuated in Its Present Form”–Eicher Motors v. Schedule A Defendants blog.ericgoldman.org/archives/202...

IPSC: Closing plenary: DOGE; the First Amendment (me!); and the 50th anniversary of the Copyright Act

New District Court decision on summary judgment motions in the Homevestors v. Warner Bros. Discovery trademark dispute over use of the title “Ugliest House in America” for a TV show about ugly houses: storage.courtlistener.com/recap/gov.us...

IPSC: Copyright Fair Use and User Rights/Trademark IV

IPSC III: TM/music

IPSC: TM II/(c) II tushnet.blogspot.com/2025/08/ipsc...

IPSC: TM I/(c) I

I am beyond excited to share that my article, Source & Solidarity, will be published in Michigan Law Review! @michlawreview.bsky.social

I highly recommend reading this excellent amicus brief (that I signed) written by @rtushnet.bsky.social. It explains in detail why dilution by tarnishment law is an unconstitutional regulation of nonmisleading speech that should be deemed invalid after the US Supreme Court’s decision in Matal v Tam.

DadBod Apparel sues to cancel GIRLDAD trademark registration: www.scribd.com/document/897...

Does Anyone Still Care About NFTs? (Yuga Labs, LLC v. Ripps) — Guest Blog Post blog.ericgoldman.org/archives/202...

Bored Ape NFT Protected by Trademark Law, Ninth Circuit Says news.bloomberglaw.com/litigation/b...

Jack Daniel's Toy TM Win Violates Free Speech, 9th Circ. Told www.law360.com/media/articl...

Ninth Circuit holds Rogers test applies to Lanham Act claim in Hara v Netflix dispute involving non-source-identifying use of person’s image in animated show: cdn.ca9.uscourts.gov/datastore/op... For info about the dispute see: news.bloomberglaw.com/litigation/d... & goldiplaw.com/law-360-netf...

I am honored to be included among many amazing women in the San Diego Business Journal’s list of Women of Influence in Law 2025! www.sandiego.edu/news/law/det...

Here's an interesting paper from the California Law Review using ideas from @scottmccloud.bsky.social to apply comics theory to trademark law: "Trademarks as Comics: What Can Sequential Art Teach Trademark Law?" and the paper is a comic! www.californialawreview.org/online/trade...

Here is a link to the written testimony of the witnesses and a video of the Senate hearing on AI ingestion of copyright-projected works and copyright fair use doctrine: www.judiciary.senate.gov/committee-ac...

Congratulations @edleeprof.bsky.social on your testimony today at the Senate about AI and copyright fair use! www.senate.gov/isvp/?auto_p...

This is equal parts evil, brilliant, and the karmic justice of the system eating itself www.theguardian.com/technology/2...