alex roberts
banner
lexlanham.bsky.social
alex roberts
@lexlanham.bsky.social
law professor teaching & writing about trademark, false advertising, IP, & entertainment law at northeastern
I am a lifelong milk hater, newly lactose intolerant!
November 11, 2025 at 2:04 AM
I would think it was dirty soda!
November 11, 2025 at 1:40 AM
not exactly. it’s soooo good. it’s like
liquid coffee ice cream 😋
November 11, 2025 at 1:30 AM
washington & florida also on point
November 11, 2025 at 1:29 AM
nah that was the other most predictable one! I knew it without even checking
November 11, 2025 at 1:29 AM
yeah the registrations themselves are questionable
November 9, 2025 at 4:40 PM
they're trying to launch their own app & steer people to it i guess. but not the approach i'd take (for trademark reasons & optics reasons & humanity reasons)
November 9, 2025 at 3:19 PM
this is different from nominative (not normative) fair use, which is when folks use a trademark in its trademark sense (not its descriptive sense) to refer to the brand/product, like "check out my new nikes" or "our headphones are compatible with the iphone 15"
November 9, 2025 at 3:16 PM
the article botches the trademark fair use explanation

most likely courts would say these groups use the terms "buy nothing" in their descriptive sense, other than as a trademark, & fairly & in good faith, meaning they qualify as descriptive fair use & are permissible
November 9, 2025 at 3:16 PM
the san francisco group changed its name (buy not a thing!) & is back up & running

my local group doesn't look like it went anywhere. it's not clear how many groups are currently deactivated--lmk if you hear more.
November 9, 2025 at 3:16 PM
as the article highlights, this is particularly brutal timing given that buy nothing groups often give away food (leftovers, stuff families bought & dislike, etc)

1 in 8 americans is on SNAP; many are struggling & hungry right now. food giveaways on buy nothing groups ramped up.
November 9, 2025 at 3:16 PM
ironically, FREECYCLE also once tried to enjoin a local freecycle group from using its mark by alleging trademark infringement; the court found in allowing everyone to use it w/o rules or oversight, the owner had abandoned the mark by "naked licensing"
November 9, 2025 at 3:16 PM
super helpful, thanks for weighing in!!
November 4, 2025 at 2:08 AM
yup. turned 8 last week
November 4, 2025 at 1:41 AM
so it's a backronym, kinda!
November 3, 2025 at 10:48 PM