I’m excited to be at Emory @emorylaw.bsky.social today to give a faculty workshop on new work with Barton Beebe and Stein on trademark law and images, with empirical and computational analysis 🖼️™️

What a treat to be there for Justice Breyer to receive the NYU Law David Boies Prize

Great @jotwell.bsky.social piece by @rtushnet.bsky.social reviewing Dustin Marlan's piece on trade dress in the Supreme Court (and the mysterious tertium quid) cyber.jotwell.com/distinguishi...

Congratulations to @jeannefromer.bsky.social for being named Vice Dean of University Partnerships at NYU Law! Fear not Engelverse, that new title won't stop her from being a Center Co-Director as well

Should Inspectors General be moved to the Legislative Branch? Jason Powell from @citizensforethics.org makes the case for why doing so may be the only way to protect independent oversight. www.justsecurity.org/122832/shoul...

First time I’m seeing a Spotify playlist put together for a law review article (here, on jazz and the § 115 compulsory music reproduction license). Can this become a trend? scholarlycommons.law.northwestern.edu/cgi/viewcont...

Thrilled for the next 2 days with @nyulaw.bsky.social @nyuengelberg.org Engelberg Center, exploring the consumer across IP, antitrust, and tech law, including sustainability, the consumer scientist, IP rights as signal to consumers, AI, fair use, and competition www.eventbrite.com/e/conspicuou...

Excited 2B at Penn for the annual Trademark & Unfair Competition Scholarship Roundtable, where I’m sharing new work w/ Barton Beebe & Stein on “Trademark Law’s Theory of the Image: A Computational & Empirical Analysis.” Thanks to @profrothman.bsky.social @rtushnet.bsky.social & Barton 4 organizing!

Perhaps not surprising that 2 of these covers are at the center of well-known copyright infringement lawsuits www.nytimes.com/2025/10/01/t...

This is my regular reminder to everyone that jstor is open to the general public now; a free account there will give you access to 100 papers a year.

Obsessed with Jodie Turner-Smith's Schiaparelli technology dress www.gofugyourself.com/tron-ares-ha...

Great Jotwell post by @graemedinwoodie.bsky.social on Michael Goodyear's article "Common-Law Notice and Takedown" ip.jotwell.com/the-future-o...

Professor Oren Bar-Gill rejoins the faculty at NYU Law this fall. Bar-Gill’s pioneering research explores how bounded rationality and cognitive biases shape contractual decision-making, particularly in consumer markets: ow.ly/jbcw50WXykF

@cmorten.bsky.social returns to NYU Law this fall. He brings with him the Science, Health, and Information Clinic, which provides legal services to researchers, patients, consumer groups, and others in the health and science space: ow.ly/gcj550X1EkL

Was it even a question that I needed to buy this? I'm excited to build this for my office and have a working chocolate waterfall and mini Oompa-Loompas (and maybe write a 3rd piece of scholarship on "Charlie and the Chocolate Factory"? 🤔First 2 pieces are linked below) www.lego.com/en-us/produc...

NERDS sues DWEEBS for trademark & trade dress infringement, dilution, & false advertising ferrara, maker of nerds, owns registrations for not only the nerds word marks, logos, & packaging trade dress but also the "pebble design" of the candy itself pdfserver.amlaw.com/legalradar/p...

Thank you for visiting and sharing your knowledge with our students!

Excited to be at @umichlaw.bsky.social to present new work on “Trade Secret Societies” 🤐 Ⓜ️

Thrilled that my article with @markpmckenna.bsky.social on "Amazon's Quiet Overhaul of the Trademark System" is now out in the California Law Review @califlrev.bsky.social

Anthropic is paying $1.5 billion to settle the copyright infringement lawsuit against it by authors, following Judge Alsup's fair use ruling this summer www.nytimes.com/2025/09/05/t...

Warner Bros. Discovery sues Midjourney for generating ‘countless’ copies of its characters

Excited to announce an upcoming event w @nyuengelberg.org! My first back at @nyulaw.bsky.social! "Fixing a Broken System: The Path to Public Pharma in New York" 5:30-7 pm Thur Sep. 25, 2025 @ NYU Co-hosted w T1International & @racepowerpolicy.org! Zoom & IRL, free & open to all! Join us!

Thrilled that my article with @markpmckenna.bsky.social on "Amazon's Quiet Overhaul of the Trademark System" is now out in the California Law Review @califlrev.bsky.social

In which I talk with NPR (as does Jennifer Jenkins) both about shaming for intellectual property uses and about how memes turn copyright law on its head www.npr.org/2025/08/28/n...

Chris Cotropia, @markpmckenna.bsky.social, @jnvictor.bsky.social, @rtushnet.bsky.social & @jeannefromer.bsky.social on "IP Rights as a Signal to Consumers" (a panel well represented on bluesky)

Consumers are all over the law: consumer welfare in antitrust, consumer confusion in TM, consumer understanding of art in copyright. But what is The Consumer, really? On 10/16 and 17, we're going to dig in..... www.eventbrite.com/e/conspicuou...

Large Language Models Do Not Simulate Human Psychology arxiv.org/pdf/2508.06950

Interesting story in today's @nytimes.com on AI advertising avatars on TikTok, in which I discuss some legal and policy aspects

I'm excited that my next article, "The Administrative Law of McCarthyism," will be published in the Stanford Law Review. It explores how civil service law evolved in response to McCarthy era loyalty purges, and how courts drew on administrative law principles to fashion civil service protections.

I wonder what percentage of consumers make this distinction

New draft from me: how the Court has (mis)handled history and tradition in First Amendment IP cases

Interesting IPSC project by @sarimazzurco.bsky.social (forthcoming in Michigan Law Review) on the use of trademarks by unions, with a lovely shoutout to our shared home neighborhood of Flatbush

Columbia Sportswear v. Columbia University: without the underlying agreement here, Columbia University has a decent claim because it's so much older

Thanks to @chicagokentlaw.bsky.social @design-law.bsky.social and friends for organizing this IP Summer Camp event and for helpful and constructive feedback on my project with @cjsprigman.bsky.social on "An Integrative Theory of Design and Utility Patents"

Last fall, the editors of the Harvard Law Review invited me to write the Foreword for this year's Supreme Court issue. My working draft is below, and comments are most welcome. papers.ssrn.com/sol3/papers....

Two days left!

It's interesting how much work has been done on artificial intelligence than on artificial wisdom.

In honor of Prime Day, I discuss with NYU News my forthcoming article with @markpmckenna.bsky.social on Amazon's quiet overhaul of the trademark system (papers.ssrn.com/sol3/papers....) www.nyu.edu/about/news-p...

This is called "going on holiday"

Enjoying ISHTIP’s 16th annual workshop in Madrid, this year on intellectual property and capitalism, where I’ll be talking about Vinicius Bogea Camara’s provocative paper on “Indiffernce and Saturarion: The Dilemma of Brands in Search or a Consumer.” Some highlights so far ishtip.org/wp-content/u...

Are AI bots knocking cultural heritage offline? After talking to dozens of GLAM institutions over the past few months, the answer in our new GLAM-E Lab report seems to be “yes” www.glamelab.org/products/are...

This is a super-cool article looking at 33,000+ search warrant applications filed electronically in Utah to figure out how long it takes to review warrant applications, how often they are granted, and the like. harvardlawreview.org/print/vol-13...

Always a treat to be at UPenn for the Copyright Scholarship Roundtable, where I'm commenting on a new paper on copyright disincentives in the music industry based on "Blurred Lines"-like litigation by Tom Haley www.law.upenn.edu/calendar/eve...

Excited to present my long-simmering work on an integrative theory of design and utility patents with @cjsprigman.bsky.social in this fantastic workshop series

Excited to be in Santiago at Universidad de Chile for the XXVIII Conferencia Anual de ALACDE on law and economics, where I am speaking about my empirical work on trademark law with Barton Beebe and Stein asociacionalacde.org/alacde-xxviii/

I'm featured in a new Revisionist History podcast episode on Nooks & Crannies (and protecting recipes via trade secret) open.spotify.com/episode/1o9T...

What a mighty good plan: Salt N Pepa are suing UMG over their sound recordings. Salt N Pepa served notices of termination under the Copyright Act. UMG claims the termination is invalid because, among other things, the recordings were works for hire. www.documentcloud.org/documents/25...

A bit more than a month to go until our meeting in Madrid: please do not forget to register for your in-person/online attendance on eventbrite (especially if you are the author or presenter)!

Beautiful, touching tribute to our boss, by Jeannie Suk Gersen