Rebecca Tushnet

@rtushnet.bsky.social

4.9K followers 78 following 1.7K posts

Trademark, advertising, and more

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Rebecca Tushnet is an American legal scholar. She serves as the Frank Stanton Professor of First Amendment Law at Harvard Law School. Her scholarship focuses on copyright, trademark, First Amendment, and false advertising. .. more

Law 39%

Business 28%

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Reposted by Jan W. Mueller, Rebecca Tushnet, Alan Richardson , and 1 more Jan W. Mueller, Rebecca Tushnet, Alan Richardson, Annette Yoshiko Reed

Charlotte Garden @charlottegarden.bsky.social · 9h

Texas A&M reinventing "prior restraints"

www.texastribune.org/2025/11/10/t...

The Texas A&M University System will vote on Thursday on whether to prohibit faculty at its 11 universities from teaching “race or gender ideology” unless those lessons are pre-approved by each campus president or a delegate.

Reposted by Rebecca Tushnet

Annie Abrams @annieabrams.bsky.social · 10h

and this www.houstonchronicle.com/news/houston...

Falkenberg: Mike Miles takes story books from HISD kindergarteners

First HISD took the libraries. Now teachers say the district’s curriculum leaves no room for storybooks and some are secretly reading to students anyway.

www.houstonchronicle.com

Rebecca Tushnet @rtushnet.bsky.social · 10h

Fiskars can't cut down $1.4 million disgorgement award

Fiskars Finland OY AB v. Woodland Tools Inc., 2025 WL 3124111, No. 22-cv-540-jdp (W.D. Wisc. Nov. 7, 2025) Previously in this false advert...

tushnet.blogspot.com

Rebecca Tushnet @rtushnet.bsky.social · 11h

Funny, but also rage-making that women keep having to be funny about this take. www.newyorker.com/culture/the-...

Within this amorphous framework, men’s biggest problem is, likewise, a feeling—an unreachable itch, or a marrow-deep belief—that men should still rank above women in the social hierarchy, just not as much as before. This belief may be misguided or unconscious, but it is nonetheless insuperable, and it must be accommodated, for the good of us all.

What these pundits are nudging us to do, ever so politely, is accept that women, in the main, are accustomed to being a little degraded, a little underpaid and ignored and dampened in their ambitions, in ways that men are not and never will be. The “female-coded” person, to borrow Krugman’s terminology, may feel overwhelmed by child-care costs, ashamed that she can’t acquire a mortgage, or hollowed out by long hours as an I.C.U. nurse, but such feelings do not disturb the order of the universe. This person’s duties to protect, provide, and procreate are real, but they do not take the capital “P.” This person’s opinions matter, but not decisively. The Times pundit Ezra Klein has lately suggested that Democrats consider running anti-abortion candidates in red states, even though more than three-quarters of Gen Z women support abortion rights. Rights, like jobs, can be gender-coded, and these rights are valued accordingly.

Rebecca Tushnet @rtushnet.bsky.social · 12h

You could try to make it happen the way "in re" is used even if it's "in the matter of" in the caption?

Reposted by Rebecca Tushnet

alex roberts @lexlanham.bsky.social · 13h

the gap has applied to register CASHSOFT as a trademark for clothing

but the clothing isn’t made of cashmere. deceptive mark? 🧐

seems like a misdescription consumers would believe & one that’s material to the purchasing decision.

Rebecca Tushnet @rtushnet.bsky.social · 13h

When you are in town remind me to bring you our local pie shop’s peanut butter pie with Oreo crust

Reposted by Rebecca Tushnet

Michael de Adder @deadder.bsky.social · 14h

When my cartoons become reality. #chicago

Reposted by Peter Thorne, James M. Bullock, Dominik Wiedenhofer , and 4 more Peter Thorne, James M. Bullock, Dominik Wiedenhofer, Brett Christophers, Rebecca Tushnet, Steve Carver, David Murakami Wood

Jason Hickel @jasonhickel.bsky.social · 16h

Yes, this is correct. And the reason is because our capitalist classes have decided that it is not sufficiently profitable, so they're not going to do it.

We must understand this reality. Capital *cannot* be relied upon to address the climate crisis.

Reposted by Will Jennings, Steve Peers, Rebecca Tushnet

Jon Seidel @jonseidel.bsky.social · 17h

From @vanessalop.bsky.social: He worked hard to give me a home. ICE took his: How I lost my father to deportation

chicago.suntimes.com/columnists/2...

He worked hard to give me a home. ICE took his: How I lost my father to deportation

Deportation has taken away the father I once knew and given me back a person I no longer recognize.

chicago.suntimes.com

Reposted by Lisa W. Fazio, David Lazer, Brendan Nyhan , and 6 more Lisa W. Fazio, David Lazer, Brendan Nyhan, Caroline Krafft, Jonathan M. Gilligan, Jacob Montgomery, Rebecca Tushnet, Daniel Huppmann, Brooke Harrington

AEA Journals @aeajournals.bsky.social · 17h

Forthcoming in the AER: "“Potential” and the Gender Promotion Gap" by Alan Benson, Danielle Li, and Kelly Shue. www.aeaweb.org/articles?id=...

“Potential” and the Gender Promotion Gap

(Forthcoming Article) - We show that subjective assessments of employee “potential” contribute to gender gaps in promotion and pay. Using data on 29,809 management-track employees from a large retail ...

www.aeaweb.org

Reposted by Rosemary A. Joyce, David Rothschild, Rebecca Tushnet , and 6 more Rosemary A. Joyce, David Rothschild, Rebecca Tushnet, David R. Miller, Stacy D. VanDeveer, Seth Masket, Nathan P. Kalmoe, Timothy D. McBride, David Darmofal

Aaron Rupar @atrupar.com · 18h

Sen. Angus King: "Standing up to Donald Trump didn't work"

Reposted by Rebecca Tushnet

Kate Jackson @katejackson.bsky.social · 19h

I mean nothing screams oligarchy (or feudalism?) thank being able to “cherry pick” your own revenue obligations

Changes like these are not widely publicized by the Treasury, but are closely followed by tax planners for the country’s biggest corporations — who are applauding the new guidelines. In notes to clients, advisers at KPMG celebrated the new “array of choices” available for investors seeking to avoid the corporate alternative minimum tax. They noted that the Treasury’s moves provided “significant flexibility” for clients to trim their bills, allowing them to “cherry-pick” the rules that best suit their needs.

Reposted by Rebecca Tushnet

Kevin Elliott @kjephd.bsky.social · 1d

Really looking forward to the Trump government getting back up and running again, seeing what exciting things they'll be able to get to now

Reposted by Rebecca Tushnet, McKenzie Wark, Kate Jackson

William Shakespeare @shakespeare.lol · 1d

Cowards die many times before their deaths,
The valiant never taste of death but once.

Reposted by Diane Ravitch, Cathy N. Davidson, Melanie C. Green , and 10 more Diane Ravitch, Cathy N. Davidson, Melanie C. Green, Rebecca Tushnet, Michael W. Kraus, Laura Huenneke, Nazita Lajevardi, Stacy D. VanDeveer, Robert B. Reich, Leah Stokes, Magda Teter, Manisha Sinha, David Darmofal

Alexandria Ocasio-Cortez @aoc.bsky.social · 1d

The average SNAP benefit per month is $177 a person.

The average ACA benefit per month is up to $550 a person.

People want us to hold the line for a reason. This is not a matter of appealing to a base. It’s about people’s lives.

And working people want leaders whose word means something to them.

Reposted by Rosemary A. Joyce, Gernot Wagner, Rebecca Tushnet , and 1 more Rosemary A. Joyce, Gernot Wagner, Rebecca Tushnet, Nathan P. Kalmoe

Laurel Powell @laurelpowell.net · 1d

My family has been without half our income for 40 days. It has been.. very hard.

We are willing to feel that pain so people can have health care next year, or to undo these illegal recissions.

We are not willing to have been put through this for NOTHING.

Reposted by Rosemary A. Joyce, Rebecca Tushnet

Amanda Litman @amandalitman.bsky.social · 1d

Want a party that actually fights back? Run for office. We’ll help you. runforwhat.net

Run for Something

Find offices you can run for

runforwhat.net

Reposted by Rebecca Tushnet

Daniel Kibblesmith @kibblesmith.com · 1d

This sent me.

Reposted by Rebecca Tushnet

Anat Shenker-Osorio @anatosaurus.bsky.social · 1d

One, spicy, focus group participant here ("activatable" white women, Nov. 5) laying out how it undermines defiance by regular folks when those in power refuse to demonstrate courage & convictions.

Quotation from focus group participant: "We were able to see 420 pages of when wild Bill got his little willy wet. We can't see nothing on the Epstein files? Why is that? Because everything leads back to Trump and they're protecting him. And anybody that is defiant to that is being trampled on. That's where our fear are coming in. That's where we're thinking, 'What can little old me do when these powerful people are being trampled on?'"

Reposted by Rosemary A. Joyce, Rebecca Tushnet, Mark Rice , and 1 more Rosemary A. Joyce, Rebecca Tushnet, Mark Rice, Nathan P. Kalmoe

Anat Shenker-Osorio @anatosaurus.bsky.social · 1d

Every disaffected Dem & swing focus group we do begins with people asking what's real. They hear, at times, this is authoritarian takeover threatening lives & livelihoods. But perceive most "leaders" not acting as if this were so.

Reposted by Rebecca Tushnet

Matthew Kirschenbaum @mkirschenbaum.bsky.social · 1d

Money quote from Gov-Elect Spanberger (now please just do it).

“As governor, I will be clear-eyed about ensuring that we have structures in place,
including boards of visitors across our universities, that want to defend academic freedom and, frankly, the viability and vitality of extraordinary institutions like the University of Virginia."

Reposted by Rebecca Tushnet

Sherrilyn Ifill @sifill.bsky.social · 1d

Until we confront this we cannot hope to build a healthy democracy.

Rebecca Tushnet @rtushnet.bsky.social · 1d

Amicus opportunity?

Reposted by Rebecca Tushnet

Dalindyebo Shabalala (he/him) @dyebo.bsky.social · 1d

How you write about contraception and fertility and present hormonal birth control or nothing as the only two options - as is condoms don’t exist, or men don’t have any responsibility? And then fail to note how much this is about male control? www.nytimes.com/2025/11/09/u...

The MAHA-Fueled Rise of Natural Family Planning

www.nytimes.com

Reposted by Brendan Nyhan, Steve Peers, American Library Association , and 8 more Brendan Nyhan, Steve Peers, American Library Association, Gernot Wagner, Alison Phipps, Michelle Everson, Rebecca Tushnet, Gerald Friedman, Scott A. Imberman, C. Kirabo Jackson, Kevin Grant

Tim Onion @bencollins.bsky.social · 1d

“I want you to understand what it is like to live in Chicago during this time.”

aphyr.com/posts/397-i-...

I want you to understand what it is like to live in Chicago during this time.

Every day my phone buzzes. It is a neighborhood group: four people were kidnapped at the corner drugstore. A friend a mile away sends a Slack message: she was at the scene when masked men assaulted and abducted two people on the street. A plumber working on my pipes is distraught, and I find out that two of his employees were kidnapped that morning. A week later it happens again.

An email arrives. Agents with guns have chased a teacher into the school where she works. They did not have a warrant. They dragged her away, ignoring her and her colleagues’ pleas to show proof of her documentation. That evening I stand a few feet from the parents of Rayito de Sol and listen to them describe, with anguish, how good Ms. Diana was to their children. What it is like to have strangers with guns traumatize your kids. For a teacher to hide a three-year-old child for fear they might be killed. How their relatives will no longer leave the house. I hear the pain and fury in their voices, and I wonder who will be next.

Understand what it is to pray in Chicago.

Reposted by Steve Peers, Rebecca Tushnet

Chris Geidner @chrisgeidner.bsky.social · 1d

In what amounts to Mark Wolf’s resignation letter from the federal bench in Massachusetts forget more than 40 years—he was already a senior judge, so it creates no vacancy—he says he “intend[s] to advocate for the judges who cannot speak publicly for themselves.” www.theatlantic.com/ideas/2025/1...

Others who have held positions of authority, including former federal judges and ambassadors, have been opposing this government's efforts to undermine the principled, impartial administration of justice and distort the free and fair functioning of American democracy. They have urged me to work with them. As much as I have treasured being a judge, I can now think of nothing more important than joining them, and doing everything in my power to combat today's existential threat to democracy and the rule of law.

When I became a senior judge in 2013, my successor was appointed, so my resignation will not create a vacancy to be filled by the president. My colleagues on the United States District Court in Massachusetts and judges on the lower federal courts throughout the country are admirably deciding a variety of cases generated by Trump's many executive orders and other unprecedented actions.
However, the Supreme Court has repeatedly removed the temporary restraints imposed on those actions by lower courts in deciding emergency motions on its "shadow docket" with little, if any, explanation. I doubt that if I remained a judge I would fare any better than my colleagues.

I resigned in order to speak out, support litigation, and work with other individuals and organizations dedicated to protecting the rule of law and American democracy. I also intend to advocate for the judges who cannot speak publicly for themselves.
I cannot be confident that I will make a difference. I am reminded, however, of what Senator Robert F. Kennedy said in 1966 about ending apartheid in South Africa:
"Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope." Enough of these ripples can become a tidal wave.

Reposted by Rebecca Tushnet

alex roberts @lexlanham.bsky.social · 1d

every place your kid goes is out here asking for an irrevocable, perpetual, worldwide, royalty free, unrestricted right to use your kid's right of publicity for any purpose in the world & expecting you to waive all their rights to enable them to attend one (1) 90-minute birthday party

Reposted by Rebecca Tushnet

Bonnie Honig @bonniehonig.bsky.social · 1d

We ask how to convert march energy to action? SNCC had busses outside! “walking opposite the Student Union at Pitt..we saw SNCC leaders talking abt civil rights. & we just had to go in there & listen to them. They said, ‘Hey, there are buses outside, & we’re going to Montgomery to march’ So we went”

Bonnie Honig @bonniehonig.bsky.social · 1d

Every word of this interview needs reading and rereading

Karen Gregory @karengregory.bsky.social · 1d

"The administration ballooned, and inside the administration the financial technocrats took over. There was less and less sympathy with Columbia as a place of thought. It was more about Columbia as an enterprise..."

www.chronicle.com/article/mahm...

Reposted by Michael S. Rosenberg, Rosemary A. Joyce, Kevin Carey , and 8 more Michael S. Rosenberg, Rosemary A. Joyce, Kevin Carey, Smith, Rebecca Tushnet, W. Andy Knight, Paul Goldsmith-Pinkham, Sarah Roberts, Ann Bartow, Catherine J. Frieman, Steven H. Seggie

Emily C. Hughes @emilyhughes.bsky.social · 2d

pre-writing a devastating obituary for your enemy is god-tier hating of a kind you don’t often see anymore. renaissance haterism. beautiful stuff.

Brittany Trang @brittanytrang.com · 2d

A Sharon Begley byline, almost 5 years after her death.

Upon hearing the news James Watson had died, a STAT reporter said in our Slack, "I wish I could read what Sharon would have written."

Incredible news: Sharon in fact did pre-write a Watson obit. And it is masterful and excoriating.
🧪🧬🧫

James Watson, dead at 97, was a scientific legend and a pariah among his peers

James Watson, the co-discoverer of the structure of DNA who died Thursday at 97, was a scientific legend and a pariah among his peers.

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