Rebecca Tushnet
@rtushnet.bsky.social
đ€ 5175
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Trademark, advertising, and more
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Rebecca Tushnet
Will Stancil
about 9 hours ago
Okay this isnât really happening anymore so I can tell you how l had âinternal ICE sourcesâ: the 3000 very stir-crazy ICE agents were all going wild on Minneapolis Tinder. Local girls would match with them and string them along for intel. They loved to brag about what they were doing all day
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Meta may have paid enough to get a mostly favorable federal regime, but I wonder whether the "content moderation is viewpoint discrimination" state AGs, who also have interests in blaming youth troubles on platforms, will react to this or let it pass
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Meta Removes Law-Firm Ads Recruiting Clients to Sue It
After recent losses in trials related to social-media practices, the tech company begins taking down ads on its apps meant to attract eligible plaintiffs.
https://www.wsj.com/tech/meta-removes-law-firm-ads-recruiting-clients-to-sue-them-50e4baef?mod=lead_feature_below_a_pos1
about 8 hours ago
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Robert of BellĂȘme
about 20 hours ago
I have seen one good example of this plate
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JD Shadel
7 days ago
A fake yoga brand opened 50 yards from a Lululemon. You can't buy anything, but you can watch a billionaire-backed athleisure giant get owned by a non-profit on a shoestring budget. For
anxiety.eco
, I dive deep into what's been missing in accountability campaigns:
www.anxiety.eco/p/lululemon-...
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Lululemon has a dupe problem. This counterfeit brand is the funniest
A fake yoga brand manufactured with 100% renewable energy just proved what a company worth $11 billion says is too hard. But Mumumelon is not merely a stunt. The campaign from Action Speaks Louder and...
https://www.anxiety.eco/p/lululemon-has-a-dupe-problem-mumumelon
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Rebecca Tushnet
Ed Timberlake
about 17 hours ago
"In a field dominated by open-ended standards refined across thousands of disputes, a court that decides fewer than one copyright case per year is structurally ill-suited to act as a central planner" -
@guyrub.bsky.social
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Reading list: The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment
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Reading list: The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment
Alisher Juzgenbayev, The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment , 120 N w . U. L. R ev . 1449 (2026). Abstra...
https://tushnet.blogspot.com/2026/04/reading-list-vanishing-enforcer.html
about 17 hours ago
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about 18 hours ago
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FDA warns sellers of GLP-1 dupes
www.kelleydrye.com/viewpoints/b...
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FDA Turns Up the Heat on GLP 1 Dupes Sold âFor Research Use Only,ââŠ
Consumer demand for GLPâ1 drugs such as Ozempic and Zepbound continues to surge, fueling rapid growth in the market for GLP-1 drugs and compounded GLP-1âŠ
https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fda-turns-up-the-heat-on-glp-1-dupes-sold-for-research-use-only-finds-intended-use-suggests-otherwise
about 18 hours ago
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prefacing statements with "allegedly" or calling them "estimates" doesn't make them nonfalsifiable opinion
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prefacing statements with "allegedly" or calling them "estimates" doesn't make them nonfalsifiable opinion
V Shred, LLC v. Kramer, 2026 WL 895614, No. 2:25-cv-01341-CDS-DJA (D. Nev. Apr. 1, 2026) V Shred is a health and wellness company speciali...
https://tushnet.blogspot.com/2026/04/prefacing-statements-with-allegedly-or.html
about 20 hours ago
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Ian Carrillo
1 day ago
We could do this with voter registration, but too many people are committed to voter disenfranchisement.
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James Nelson
1 day ago
Expressive association strikes again! For more on its mounting deregulatory force in work law, see âExpressive Association at Workâ
papers.ssrn.com/sol3/papers....
cc
@lsepper.bsky.social
@charlottegarden.bsky.social
Final version soon in
@michlawreview.bsky.social
bsky.app/profile/lega...
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Transformative work of the day, oldie but goodie
1 day ago
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Josh Landau
1 day ago
Love my CIA governor. (laudatory and unironic)
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Chris Fleming
1 day ago
The US doesn't need to actively want this. It just needs to lack the institutional capacity to recognize it as a threat, and the crypto has done so. Ideological capture has made the administration unable to distinguish between Iran's sanctions-evasion strategy and its own monetary policy aspirations
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James Grimmelmann
2 days ago
ASTM loses again: the Third Circuit holds that it's likely fair use for Upcodes to post standards that have been incorporated into law.
www2.ca3.uscourts.gov/opinarch/242...
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https://www2.ca3.uscourts.gov/opinarch/242965p.pdf
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Adam Steinbaugh
2 days ago
The President, White House, and FCC's Brendan Carr are calling for action -- and implying a criminal investigation -- against CNN for... accurately reporting what Iran's state media shared as a statement from Iran's Supreme National Security Council.
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Rebecca Tushnet
1 day ago
Mother Jones has similar reporting:
www.motherjones.com/politics/202...
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She helped the authorities deport her abuser. Then they deported her back to him.
Immigrants in her situation âwere given a promise that they would be protected as long as they were vulnerable.â
https://www.motherjones.com/politics/2026/04/u-visa-t-violence-against-women-act-ice-trump-deportation-lawsuit/
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Jer Thorp
2 days ago
I created a bombastically detailed visualization of every single comment filed in the eight rounds of these triennial rulemaking proceedings. Five foot long posters are available for those of you with a love for elaborate governmental ritual.
1201.nyuengelberg.org/burdenofproof/
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The Burden of Proof Must Be Met Every Three Years With New Evidence
A text analysis and visualization of nine triennial rulemaking proceedings under DMCA Section 1201 â mapping more than 55,000 pages of petitions and comments filed since 2000.
https://1201.nyuengelberg.org/burdenofproof/
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Corey Rayburn Yung
1 day ago
Coincidentally, I was about to click a link to a ProPublica article aboutt the Pretti shooting for a citation in a draft of mine. But, I'll save it for another day. ProPublica does amazing work and I hope they meet the workers' demands.
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David Zipper
1 day ago
The Chicago Tribune honors the best thread on Bluesky: "The world is more interesting â more engaging but also more wondrous â when thought and care for aesthetics is built into even the most mundane tasks and objects."
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Brandon Friedman
2 days ago
The famous Andor line is that "tyranny requires constant effort. It breaks, it leaks. Authority is brittle." Here is a perfect example of that through malicious compliance: Idaho forced the city of Boise to remove its Pride flags. So the city painted rainbows everywhere else.
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Boise took its Pride flag down. But new art has popped up at City Hall. What it cost
âThe flag is not our only form of expression,â a Council Member previously said.
https://www.idahostatesman.com/news/politics-government/state-politics/article315327285.html
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new report on the burdensome 1201 exemption process: Michael Weinberg wryly comments, "To a first approximation, one could argue that the entire triennial process is in service of Dassault SystÚmes adding additional claims to a handful of enforcement actions."
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Unbalanced Interests
https://www.nyuengelberg.org/outputs/unbalanced-interests/
1 day ago
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two cases reach opposite results over whether "health" claims are misleading if products are lead-contaminated
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two cases reach opposite results over whether "health" claims are misleading if products are lead-contaminated
Lopez v. Mead Johnson Nutrition Co., 2026 WL 788492, No. 24-cv-03573-HSG (N.D. Cal. Mar. 20, 2026) Lopez alleged that Mead infant formulas...
https://tushnet.blogspot.com/2026/04/two-cases-reach-opposite-results-over.html
1 day ago
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"carbon neutral" not plausibly misleading where D bought offsets from 3d-party certifiers, despite methodological disputes
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"carbon neutral" not plausibly misleading where D bought offsets from 3d-party certifiers, despite methodological disputes
Bell v. R.J. Reynolds Vapor Co., 2026 WL 915295, No. 25-cv-04521-TLT (N.D. Cal. Feb. 20, 2026) Bell brought the usual California claims b...
https://tushnet.blogspot.com/2026/04/carbon-neutral-not-plausibly-misleading.html
2 days ago
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the continuing merger of TM and the right of publicity: court can't tell the defenses apart
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the continuing merger of TM and the right of publicity: court can't tell the defenses apart
Upper Deck Co. v. Pixels.com LLC, No. 3:24-cv-00923-BAS-DEB, 2026 WL 776227 (S.D. Cal. March 19, 2026) Eric Goldmanâs discussion. Upper D...
https://tushnet.blogspot.com/2026/04/the-continuing-merger-of-tm-and-right.html
2 days ago
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Washington Supreme Court rejects private standing for discount misrepresentations
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Washington Supreme Court rejects private standing for discount misrepresentations
Montes v. Sparc Group LLC, 2026 WL 900481, No. 104162-4, --- P.3d ----, 2026 WL 900481 (Wash. Apr. 2, 2026) Interpreting the Washington Co...
https://tushnet.blogspot.com/2026/04/washington-supreme-court-rejects.html
2 days ago
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Rachit Dubey
3 days ago
đšNew preprint and our results are rather concerning.. We find the "boiling frog" equivalent of AI use. Using large-scale RCTs, we provide *casual* evidence that AI assistance reduces persistence and hurts independent performance. And these effects emerge after just 10â15 minutes of AI use! 1/
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Katherine Alejandra Cross
2 days ago
As I watch people who do not live in this country get real smug about how Americans have not "risen up" or whatever, I feel compelled to point out: We have and we are. People have been killed. Maimed. This is a thing that's happened. And yet millions still protest and take direct action.
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Mark Jaffe, 5 Bridges Law
3 days ago
I thought it would be a one-time post, not evergreen
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Amanda Katz
3 days ago
Kind of a flex, you gotta admit
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Shannon Vallor
3 days ago
Important đ§” Science is a natural political target of all authoritarians. Telling scientists to be quietly apolitical is asking them to passively accept scienceâs demolition (now happening at pace in the US, with great losses everywhere else). This doesnât earn trust. It displays indifference.
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Beyond the Dog's tactics in employment dispute may have been beyond the pale
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Beyond the Dog's tactics in employment dispute may have been beyond the pale
Beyond The Dog, LLC v. Salzer, 2026 WL 884140, No. 3:24-cv-1439 (VAB) (D. Conn. Mar. 31, 2026) Plaintiffs (BTD) sued defendants Salzer and...
https://tushnet.blogspot.com/2026/04/beyond-dogs-tactics-in-employment.html
3 days ago
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Netflix's promotion of fictional team does not constitute trademark use
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Netflix's promotion of fictional team does not constitute trademark use
Pepperdine University v. Netflix, Inc., No. 2:25-cv-01429-CV (ADSx) (C.D. Cal. Mar. 31, 2026) After denying the motion for preliminary inj...
https://tushnet.blogspot.com/2026/04/netflixs-promotion-of-fictional-team.html
3 days ago
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naked licensing could constitute false advertising of origin
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naked licensing could constitute false advertising of origin
Epson America, Inc. v. Global Aiptek Inc., 2025 WL 4631973, No. 8:23-cv-00222-FWS-DFM (C.D. Cal. Dec. 17, 2025) Epson alleged that defenda...
https://tushnet.blogspot.com/2026/04/naked-licensing-could-constitute-false.html
3 days ago
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Rebecca Tushnet
Niko Bowie
3 days ago
"The common sense of mankind demands that law shall not stop with the punishment of petty crimes... It must also reach men who possess themselves of great power and make deliberate and concerted use of it to set in motion evils which leave no home in the world untouched." âRobert Jackson, Nuremberg
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James Grimmelmann
3 days ago
Wealthy leader, threatening to attack Persia, announcing that a great empire will be destroyed if he does, and not realizing that the prophecy is ambigous about which empire. I have many criticisms for the writers, but in particular could they stop plagiarizing from Herodotus?
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Zach Everson
3 days ago
âParliament had turned over its constitutional authority to Hitler and thereby committed suicide, though its body lingered on in an embalmed state.â Shirer, William L. The Rise and Fall of the Third Reich (p. 331)
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Me when itâs snowing in April
3 days ago
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He may not be âmincing wordsâ but he definitely didnât answer the question asked.
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3 days ago
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Rebecca Tushnet
Jonathan W. Gray
4 days ago
There is a path. Itâs the path that Michael Vick walked. He has worked with the Humane Society for the last 17 years to educate folk about animal cruelty. He says heâll do that work for the rest of his life. Call me when Louis or Kanye devotes even one weekend to making reparation.
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alex roberts
4 days ago
the first rule of bean club is that bean club is generic for bean clubs so you can't tell other bean clubs not to say bean club
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Shannon Conder
5 days ago
Last semester our Westlaw rep very confidently told students that CoCounsel doesn't hallucinate, which I found out when giving a research presentation later in the semester (It does in fact hallucinate and also misstates/mischaracterizes case law frequently, which I have proof of!)
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Sarah Fackrell
4 days ago
I'll note that this is one reason why defendant pinching and pressing are bad.
#ScheduleA
plaintiffs are moving their cases away from judges who might write decisions that persuasively criticize their business model.
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Mia Sato
4 days ago
When ads came to ChatGPT, users were mad â those who had been using it as an editor or therapist suddenly saw ChatGPT as vulnerable to manipulation by brands and marketers. The reality is that it was happening the whole time. I wrote about the new SEO gold rush:
www.theverge.com/tech/900302/...
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Can AI responses be influenced? The SEO industry is trying
Marketing firms are going all in on AI search.
https://www.theverge.com/tech/900302/ai-seo-industry-google-search-chatgpt-gemini-marketing
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Jason Koebler
4 days ago
New: Florida's wildlife police are giving ICE access to Flock from thousands of cameras around the country & performed dozens of lookups for immigration enforcement per month. Shows ICE is still accessing and also shows that access often comes from unexpected places:
www.404media.co/floridas-wil...
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Florida's Wildlife Cops Are Searching Thousands of Flock Cameras for ICE
Ron DeSantis has empowered hundreds of conservation police to work directly with ICE.
https://www.404media.co/floridas-wildlife-cops-are-searching-thousands-of-flock-cameras-for-ice/
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While federal enforcers are largely standing down from fighting false advertising, they aren't the only enforcers in the US; we'll see how this goes.
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4 days ago
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Mike Wiser
4 days ago
So, thing that is apparently better understood inside academia than outside of it: International students pay sticker price. Most domestic students do not. International students are subsidizing the education costs for domestic students, as per student governmental funding drops.
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Joel S.
5 days ago
The US Holocaust Memorial Museum under the Trump administration has deleted its teaching materials about links between Nazi racism and the Jim Crow laws:
www.politico.com/news/2026/04...
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âProactively fall in line:â Holocaust Memorial Museum quietly changed content after Trump returned to office
Two former employees said they believed the museum was altering its content preemptively to avoid unwanted negative attention from the Trump administration.
https://www.politico.com/news/2026/04/05/trump-holocaust-museum-00859274
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Bobby Kogan
4 days ago
every time i write about wage theft i do a double take because it's so crazy corporations steal more than $50 bn from workers' paychecks each year, illegally paying workers less than they earned for their labor that significantly exceeds the combined losses from larceny, burglary, & vehicle theft
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Timothy Snyder
5 days ago
Provocation is not a complex form of politics. Letâs not imagine Trump is not smart enough to have thought of this. He is. And exploiting a wartime incident to try to seize total power is normal tyrannical behavior. Itâs on us not to dodge that historical fact. (3/17)
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