Rebecca Tushnet
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rtushnet.bsky.social
Rebecca Tushnet
@rtushnet.bsky.social
4.9K followers 78 following 1.8K 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%
Posts Replies Media Videos

Reposted by Mark A. Lemley, Rebecca Tushnet

eff.org
Electronic Frontier Foundation @eff.org · 3h
We are thankful this year for all of the youth advocates across the country who continue to speak up despite repeated attempts to silence and censor them. Young people have First Amendment rights too, and we love to see them put to good use! www.eff.org/deeplinks/2...
EFF to Court: Young People Have First Amendment Rights
Requiring internet users to provide their ID or other proof of their age could block people from accessing lawful speech if they don’t have the right form of ID, the brief argues. And requiring users
www.eff.org

Reposted by Rebecca Solnit, Rebecca Tushnet, Jacob T. Levy

joshtpm.bsky.social
Josh Marshall @joshtpm.bsky.social · 12h
With DC shooter now identified as an Afghan national not the antifa secret agent White House hoped for a good time to remember the Trump admin has gutted domestic anti-terrorism capacity and reassigned many to finding grandmothers to arrest at immigration hearings.

rtushnet.bsky.social
Rebecca Tushnet @rtushnet.bsky.social · 14h
At least we know it's probably not a riddle wrapped in a mystery inside an enigma

Reposted by Ian Campbell, Daniel W. Drezner, Smith , and 2 more

anamariecox.bsky.social
Ana Marie Cox @anamariecox.bsky.social · 16h
People will die, and are currently dying, because RFK was granted one of the most powerful megaphones in the country. Two people who could have thrown barriers in front of his climb decided not to; there's a sex scandal here but it is not the biggest scandal.

Reposted by Rebecca Tushnet, Aviel Roshwald

volts.wtf
David Roberts @volts.wtf · 18h
An 18yo US citizen, surrounded by eight masked, armed agents of the state, taken into custody, not read his rights, not offered a chance to contact a lawyer, proof of citizenship ignored, handcuffed so tightly he later required medical attention.

Profoundly, profoundly anti-American shit.
ICE Detained an 18-Year-Old U.S. Citizen. This Is His Story.
YouTube video by The Hometown Holler
youtu.be

Reposted by James Grimmelmann, Rebecca Tushnet, Richard Moorhead

michae.lv
michael veale @michae.lv · 19h
On AI’s ‘mediocrity trap’ — experiments indicates that while AI helps the less skilled make something passable, the highly skilled don’t use it to produce something better than they could have; they produce something ok, but lose motivation to make it great. www.jin-li.org/uploads/1/1/...
Page 10-11 of the linked PDF

rtushnet.bsky.social
Rebecca Tushnet @rtushnet.bsky.social · 19h
The photographer may have committed the ordinary tort of intrusion; it's just that Netflix didn't

Reposted by Rebecca Tushnet

amylanders.bsky.social
Amy Landers @amylanders.bsky.social · 20h
Right of publicity: Johnny Cash's estate sues Coca Cola for sound-alike. Commercial at this link; the link to the complaint is in this thread. youtu.be/MJ0lgc5ihL0?...
Coca-Cola | Go the Distance
YouTube video by Coca-Cola
youtu.be

Reposted by Rebecca Tushnet

mwkraus.bsky.social
Michael W. Kraus @mwkraus.bsky.social · 20h
"A Northwestern spokesman did not return multiple requests for comment."

🫠
www.nytimes.com/2025/11/26/u...
Northwestern University Nears Deal to Resolve Its Conflict With the White House
www.nytimes.com

Reposted by Mark A. Lemley

rtushnet.bsky.social
Rebecca Tushnet @rtushnet.bsky.social · 20h
over dissent, court of appeals refuses to create right of publicity for houses
court of appeals refuses to create right of publicity for houses, over dissent
Dihno v. Netflix, Inc., 2025 WL 3280834, B335652 (Cal. Ct. App. Nov. 25, 2025) Over a partial dissent, the court of appeals affirms the re...
tushnet.blogspot.com

Reposted by Rebecca Tushnet

tmksyracuse.bsky.social
Thomas M. Keck @tmksyracuse.bsky.social · 20h
Love this
All arguments work, at a basic level, in the same way. There is the evidence we all agree on (even if just for the sake of argument), and there is a claim about that evidence; that claim must be able to sustain reasonable counterarguments—it’s not obviously the case, or it wouldn’t be a claim. And a claim has stakes: implications that follow from the claim, the difference the argument makes. The arguments my students wrote on Renaissance poetry might seem like they worked differently than the arguments made by students who faced down the Board of Governors. But the difference is only superficial. The evidence was different, the claims were different, the stakes were different, but the moves my students made as they argued were not. In both cases, the arguments that students made first required believing that they had the authority to make them.

rtushnet.bsky.social
Rebecca Tushnet @rtushnet.bsky.social · 21h
once again, injury requirement defeats a false advertising claimant
once again, injury requirement defeats a false advertising claimant
Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 3268799, 24cv1646(DLC) (S.D.N.Y. Nov. 21, 2025) Previously. Here, Skillz successfull...
tushnet.blogspot.com

Reposted by Rebecca Tushnet

joshgerstein.bsky.social
Josh Gerstein @joshgerstein.bsky.social · 23h
JUST IN: #SCOTUS will permit US copyright chief Shira Perlmutter to remain in post for several months more despite Trump's effort to oust her. Thomas dissents as court punts admin's emergency appeal 'til after rulings on FTC/Slaughter & Fed/Cook Earlier: www.politico.com/live-updates...
Appeals court, weighing Trump’s Library of Congress takeover, reinstates copyright chief
Shira Perlmutter sued the Trump administration following her May dismissal.
www.politico.com

Reposted by Rebecca Tushnet, Woodrow Hartzog

justinhendrix.bsky.social
Justin Hendrix @justinhendrix.bsky.social · 1d
In the future, AI chatbots may weave ads invisibly into “helpful” advice, steering conversations without you even knowing, argues Daniel Barcay, executive director of the Center for Humane Technology. When the AI we rely on starts steering us for revenue, not our goals, human autonomy is at risk.
Advertising is Coming to AI. It’s Going to Be a Disaster. | TechPolicy.Press
Daniel Barcay sounds the alarm on AI chatbots hiding advertising in conversations—and why this threatens autonomy and demands new rules.
www.techpolicy.press

Reposted by Rebecca Tushnet

judah-grunstein.bsky.social
Judah Grunstein @judah-grunstein.bsky.social · 1d
It's been common knowledge for years that "Drill, baby, drill" is a political soundbite with no meaningful connection to the market forces that actually determine oil companies' drilling decisions.
Trump Vowed Fewer Regulations and Lots More Oil. He’s Delivered on One.
www.nytimes.com

Reposted by Rebecca Tushnet, Alan Richardson, David R. Miller , and 3 more

luckytran.com
Dr. Lucky Tran @luckytran.com · 1d
The CDC has turned off its vaccine search tool.

The vaccines.gov site now gives an error when you enter a valid zip code.

They also removed text saying “Vaccines can help you stay healthy” and added a banner saying the site is being updated.
Vaccines.gov CDC The functionality of this website may be impacted while it is being updated. Find a pharmacy near you. Enter 5-digit ZIP code 10001 Search Please enter a valid 5-digit ZIP Code

Reposted by Eric Goldman, Rebecca Tushnet

mmasnick.bsky.social
Mike Masnick @mmasnick.bsky.social · 1d
Next week the House E&C Committee is looking to run something of a shock and awe campaign, debating at least 19 bills that they say are related to "protecting kids online." Most of which are actually about censorship and control. Don't buy the framing. It's always the same damn thing.
Comic by John Jonik showing Uncle Sam and someone dressed in a suit labeled as "Corporate Media" talking about how they should wrap a present that is labeled "control of internet speech." The Corporate Media guy says "How would you like this wrapped" and behind him are two rolls of wrapping paper. One (with American flags and stars) is labeled "anti-terrorism" and the other with flowers, suns, bunnies, and cats is labeled "Protect Kids"

Reposted by Rebecca Tushnet

lexlanham.bsky.social
alex roberts @lexlanham.bsky.social · 1d
me: [reviewing very elaborate american girl doll trademark hypo with class]
student: professor, I’m sorry but you made an error & I feel obligated to let you know before we go further
me (nervous): I did? what was it?
student (gravely): you mixed up felicity & kirsten

Reposted by Richard S.J. Tol, Eric Goldman, Daniel W. Drezner , and 5 more

atrupar.com
Aaron Rupar @atrupar.com · 1d
Q: Have you heard this audio that Bloomberg has of Witkoff coaching the Russians on how to appeal to you?

TRUMP: That's a standard thing. He's gotta sell this to Ukraine, he's gonna sell Ukraine to Russia. That's what a dealmaker does. I haven't heard it but I heard it was standard negotiation.

Reposted by Ashish Arora, Rebecca Tushnet

cajunblue.bsky.social
CajunBlue 🇺🇸 🇺🇦 @cajunblue.bsky.social · 1d
🚨Imagine ICE conducting a raid on your PRIVATE PROPERTY.🚨
Illegal, unconstitutional, and an elevation of ICE’s encroachment. This needs to have national attention. 1/2

Reposted by Rosemary A. Joyce, David S. Cohen, Rebecca Tushnet , and 1 more

brr.bsky.social
brr @brr.bsky.social · 1d
what?

Reposted by Rebecca Tushnet

zacharyschrag.bsky.social
Zachary Schrag @zacharyschrag.bsky.social · 1d
First they came for the George Mason University Faculty Senate. Then they came for the U.S. Congress. www.nytimes.com/live/2025/11...
Trump Administration Live Updates: Democrats Say F.B.I. Investigating Them Over Illegal Orders Video
www.nytimes.com

Reposted by Robert N. Stavins, Michael A. Clemens, Rebecca Tushnet , and 1 more

samwang.bsky.social
Sam Wang @samwang.bsky.social · 1d
West Point plaque: "Our code of military obedience requires that, should orders and the law ever conflict, our officers must obey the law."

Reposted by Rebecca Tushnet

forbes.com
Forbes @forbes.com · 1d
Strategists with Bank of America said in a note the marketing machine behind gambling products “amplify participation and translate into rising credit balances and increased loss severity for lenders.”
Sports Gambling, Prediction Markets Could Lead To New Credit Risks For Young Men And Low Earners, Bank Warns
Strategists with Bank of America said in a note the marketing machine behind gambling products “amplify participation and translate into rising credit balances and increased loss severity for lenders.”
www.forbes.com

Reposted by Rebecca Tushnet

warren.senate.gov
Elizabeth Warren @warren.senate.gov · 1d
RealPage allegedly helped landlords price-fix and jack up the cost of rent.

Instead of cracking down, Trump's Justice Department struck a “deal” that lets them continue to rip off renters.

Is that the art of the deal or a sham? RealPage called it "an endorsement."
Justice Department to Settle Lawsuit Over Apartment Rental Pricing
The case had alleged that RealPage’s software allowed landlords to unfairly coordinate prices.
www.wsj.com

Reposted by Shannon Vallor, Steve Peers, Rebecca Tushnet , and 3 more

roryblank.bsky.social
Rory Blank @roryblank.bsky.social · 1d
Is this cheese grater conscious? Many users feel they're talking to a real person. Scientists say it's time to consider whether they're onto something.
a cheese grater that, if viewed from the correct angle, appears to have a friendly, stupid face, an example of Pareidolia

rtushnet.bsky.social
Rebecca Tushnet @rtushnet.bsky.social · 1d
I've given up and am just using old CW shows

Reposted by Rebecca Tushnet, Alan Richardson, Michael Zimmer

wsj.com
The Wall Street Journal @wsj.com · 1d
Exclusive: Republicans plan to challenge vehicle-safety mandates, such as automatic emergency braking and alarms that remind drivers a child is in the back seat.
Senate Committee to Challenge Auto-Safety Mandates That Hurt ‘Affordability’
Republicans are questioning the value of some features, such as automatic braking and rear-seat reminders.
on.wsj.com

Reposted by Rebecca Tushnet

boghuma.bsky.social
BK. Titanji @boghuma.bsky.social · 1d
- He stopped the policy of encouraging flu immunization in Louisiana
- Delayed reporting on a pertussis outbreak that killed two children in Louisiana.
-Promoted false information on covid vaccine harms.
He is now number 2 at CDC.
www.nbcnews.com/health/healt...
Controversial Louisiana surgeon general tapped for CDC leadership role
Louisiana Surgeon General Ralph Abraham has spoken against Covid shots and ended mass vaccination campaigns. Now he's in a position to make national health decisions.
www.nbcnews.com

Reposted by Rebecca Tushnet

marklemley.bsky.social
Mark Lemley @marklemley.bsky.social · 1d
There are a lot of dumb trademark suits in the world. But this is just . . . nuts. Buc-ees thinks the image on the left infringes the one on the right

www.dexerto.com/entertainmen...
Buc-ees suing ‘Nut Huggers’ underwear company over cartoon squirrel trademark infringement - Dexerto
Buc-ees is suing Oklahoma brand Nut Huggers over a cartoon squirrel logo the chain claims is trademark infringement.
www.dexerto.com