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Rebecca Tushnet

@rtushnet.bsky.social

Trademark, advertising, and more

2404 Posts5276 Follower81 Folgt
Craig Harrington@craigipedia.bsky.social · 5h ago

Haley Stevens was out with a gracious concession and a commitment to support Abdul El-Sayed within about one hour of the AP call in her race. If she can buck up first thing in the morning, everyone else can. That’s actual political leadership.

post malone ergo propter malone@proptermalone.bsky.social · 8h ago

I meant to post this last night but if you’re mad about any of the primary results you got 24 hours to bleed, try not to say anything you’ll regret in 48, and then it’s Blue No Matter Who.

Ari Cohn@aricohn.com · 5h ago

Today Senate Commerce marks up several Bad Internet Bills, including KOSA - which for years experts have warned violates the 1st Amendment. Instead of fixing the problems, its sponsors denied they exist & tried to disguise them with obfuscatory language My statement: techfreedom.org/kosa-still-v...

KOSA has been an Internet censorship bill from the start. It imposes what courts have refused—on First Amendment grounds—to impose for decades: a duty to protect listeners from subjective, unknowable reactions to constitutionally protected speech. It creates a "papers please" social media regime where every single social media user will be forced to identify themselves before speaking on social media, undermining their constitutional right to read and speak anonymously, and enabling government retaliation against disfavored ideas and expression. And it hands the Federal Trade Commission — which has of late granted itself the authority to enforce what it thinks customers should want rather than protect against actual deception — a ready-made tool to coerce platforms into removing speech it dislikes from the Internet. Despite years of warnings from experts and civil society across the political and ideological spectrum, KOSA's sponsors have stubbornly refused to acknowledge and fix these critical First Amendment problems. They have instead attempted to hide them behind increasingly obfuscatory language. But the First Amendment is not so easily fooled, and the Commerce Committee must put an end to this constitutional fiasco once and for all.
Brennan Center@brennancenter.org · 3h ago

Deploying troops or armed federal agents to election sites is illegal under federal law. And voters have the right to vote free from fear and intimidation. Here is what you can do to protect your vote if federal agents show up at your polling place. bit.ly/4wpSGAH

Vote Safely in 2026

Sending troops or ICE officers to the polls is illegal. Here’s how you can protect your vote and your community’s voice, even if federal agents unlawfully show up.

bit.ly

Alexandra Lahav@alahav.bsky.social · 6h ago

New @bloomberglaw.com article by Olivia Carville - TikTok experimented on users, putting 10% (about 15M people) in a "filter bubble" exposing them to repetitive content that the algorithm thought they wanted, but was toxic. If you want to know why these cases are going to be massive...

Rebecca Tushnet@rtushnet.bsky.social · 20h ago

11th Circuit is not particularly convincing in its conclusion that "battery tender" isn't generic, given that it uses the term as the name of the product category multiple times in its decision; next you will tell me that escalators don't actually escalate

the term “battery tender” is best charac-terized as (at least) descriptive. The term itself entails some level of abstraction—“tend[]” is more a metaphorical than literal descrip-tion of what a battery tender does, which is to preserve the battery by maintaining its charge.
Santa Clara Law Research Dean@sculawresearch.bsky.social · yesterday

The 11th Circuit cited Prof. @ericgoldman.bsky.social in an online keyword advertising case Opinion: media.ca11.uscourts.gov/opinions/pub... Cited article: papers.ssrn.com/sol3/papers....

Zack Whittaker@zackwhittaker.com · yesterday

By me at this.weekinsecurity.com: A major online ads company that claims to serve 1.5 billion ads a day was hacked and began serving malware designed to steal a person's crypto. This is the latest perfect example why you should use an ad-blocker.

Online advertising giant Adform was hacked, proving once again why ad blockers are necessary

The hacked digital advertiser was caught serving malicious ads that allowed hackers to steal a victim's cryptocurrency.

this.weekinsecurity.com

Mark Lemley@marklemley.bsky.social · 22h ago

Three significant wins for the public in IP cases yesterday: 1. The Ninth Circuit held that a dog toy doesn't tarnish the Jack Daniel's brand 2. The Eleventh Circuit held that keyword advertising isn't trademark infringement 3. The Ninth Circuit held that Amazon couldn't block price-comparison bots

Sarah Taber@sarahtaber.bsky.social · yesterday

Like. Do we WANT a toxic culture of doubling down, coverups, & never admitting mistakes? Because "any admission of error can fuck you up worse than pretending you never messed up at all" is how you GET a toxic culture of doubling down, coverups, & never admitting mistakes.

@ffrf.org · yesterday

Don’t say we didn’t warn you: Once religious schools accept taxpayer funding, politicians will use those public dollars to dictate their theology. The wall between church and state doesn’t threaten religion. It protects religion from government control, too.

Hemant Mehta@friendlyatheist.com · yesterday

Florida AG James Uthmeier is threatening Catholic school voucher funding unless they weaken their vaccine rules. Because nothing says "religious liberty" like holding money hostage until Catholic bishops accept the government’s theology. www.friendlyatheist.com/p/florida-ag...

J
Jordi Goodman@jordigoodman.bsky.social · yesterday

If you told me one year ago that my next big law review paper would be about breastmilk, I would have laughed. Or maybe cried.. I was about three weeks postpartum. In honor of World Breastfeeding Week, I am debuting my draft: Property Rights in Liquid Gold (papers.ssrn.com/sol3/papers....)

PROPERTY RIGHTS IN LIQUID GOLD: RECOGNIZING BREASTMILK AS PROPERTY

Breastmilk is a highly valued commodity. It is produced, stored, transferred, sold, and, at times, contaminated, stolen, improperly handled, and even lost. Liti

papers.ssrn.com

Jill Hasday@jillhasday.bsky.social · yesterday

On this day in 1890, Barbara Armstrong was born. In 1919, she became the 1st female law professor at Berkeley. The school didn’t hire another female professor until 1960. Armstrong was a key advocate pushing for the 1935 Social Security Act, minimum wage laws & universal health insurance. #WeTheMen

Barbara Armstrong
Adam Rawnsley@arawnsley.bsky.social · yesterday

Today, August 4, 2026, is the setting of Ray Bradbury’s short story “There Will Come Soft Rains” about a fully automated house continuing on after the family who lived there and the world around it died in a nuclear blast.

Katherine Alejandra Cross@quinnae.com · 2d ago

These bans are ineffective for their stated purpose, but they *do* empower states to create ugly architectures of surveillance and control. This will not solve the problems that lead social media to be a festering malignancy on democracy, it just erodes our freedoms for no discernible gain.