Are you OK with this?

"They’re Watching You: How Government Spyware Is Silently Erasing Your Privacy and Freedom"

open.substack.com/pub/mitchthe...

As civil rights groups warned 7 years ago.

I've always loved Adam Ladd's video where his 5 year old gives takes on various TM. It illustrates for IP Survey class how marketing, etc. helps consumers make required associations. Today showed images in the video to my 3 year old. My favorite was the Starbucks logo. He said Statue of Liberty

My grandmother survived Auschwitz, and nearly everyone in her family was systematically and intentionally killed in the gas chambers including her many young siblings. Pardon me if I don't find texts about gas chambers and Hitler to be merely "edgy, offensive jokes" or just "what kids do."

People celebrating the extrajudicial execution of persons who, even if guilty of the crime they are accused of, would not be convicted of a capital offense... it is a perversion of any sense of law.

Wow, big week for Remedies professors like me. First, there is the fascinating set of remedies in the Google antitrust trial that seem far more lenient on Google than many expected. And now a CA jury has awarded $425 million in damages, but refused punitives in the Google privacy lawsuit

We are seeking candidates for the Geoffrey H. Palmer endowed chair in real estate law. Ideal candidates will have experience in the practice of real estate law, especially in the California real estate market. careers.pageuppeople.com/mob/676/cw/e...

We are seeking applications from experienced law professors with outstanding academic achievements and qualifications to serve as the Caruso Family Chair. We invite candidates with research and teaching interests across all areas of law to apply.

careers.pageuppeople.com/mob/676/cw/e...

Pepperdine Law is hiring and considering scholars at all levels: entry level, untenured lateral, tenured lateral, and 2 chair positions. I'll share posts for each one. I'm on the hiring committee and chairing the lateral hiring subcommittee so feel free to reach out to me with questions.

Having a great time back in Chicago geeking out at #IPSC . I often spend time at the Copyright breakout session, but this year I've invaded Trademark sessions. Fun times over here! Enjoyed sharing my very very early project "Rethinking Use of Trademarks in Art" and grateful for helpful feedback.

rosenblatt: rogers was in some ways a response to debbie does dallas, where nfu's "need to use" standard didn't save the use in an expressive work

so eliminating rogers sends us back to debbie does dallas-land (poor debbie)

need ability to 12(b)(16) these questions

maybe we're ok b/c nominative fair use can do a lot of work

many of the rogers cases could have been decided on nominative fair use

(but what about empire? honey badger? sylvanian drama?)

also: what nfu has that rogers doesn't is requirement that you don't use more than necessary

victoria schwartz: rethinking use of trademarks in art

what do we do with the concurrence in jack daniel's that says "what if rogers isn't even good law at all"? if we lose rogers, what do we have?

#ipsc2025

Also, I told myself that I would join this platform ONLY if I could get an article done this summer after I left an alternative platform a couple years back because it was too toxic. Article submitted and this is my reward. Looking forward to connecting with folks on here.

It has been over 10 years since I submitted a law review article for the Fall cycle. Despite its rumored decline, I decided to try since I managed to finish a draft of "AI Influencers and A Right of Publicity" in time. For the first time I got some positive news before an auto-ding!

It is disappointing to see Google and others pushing zero-knowledge proofs (ZKPs) for age verification. As EFF points out, ZKPs aren't enough to protect our privacy, and without a federal privacy law, they're just more fuel for data brokers.

Some additional thoughts 🧵

www.eff.org/deeplinks/20...

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...