Mark Lemley
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Mark Lemley
@marklemley.bsky.social

William H. Neukom Professor, Stanford Law School. Partner, Lex Lumina LLP. I teach and write in IP, antitrust, internet, and video game law

Mark A. Lemley is an American legal scholar known for his studies of American intellectual property law. He is currently the William H. Neukom Professor of Law at Stanford Law School and the Director of the Stanford Law School Program in Law, Science & Technology. Lemley is a founding partner of the law firm of Durie Tangri LLP, which he has been practicing with since 2009. .. more

Business 42%
Economics 24%

The US envoy for Ukraine advising his Russian counterpart on how to pitch Trump to get him to endorse Russia's proposal for Ukranian surrender

www.bloomberg.com/news/article...
Witkoff Discusses Ukraine Plans With Key Putin Aide: Transcript
The following is a transcript of an Oct. 14 phone call lasting just over 5 minutes between Steve Witkoff, Donald Trump’s special envoy for peace missions, and Yuri Ushakov, Vladimir Putin’s most senio...
www.bloomberg.com

Reposted by Mark A. Lemley

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

I agree that's a general problem, but the "don't ask, don't tell" approach to AI creates a big new incentive to lie about inventorship

"None of us can imagine pulling out these tired jokes as a party trick, but it is comforting to know that money still can’t buy some things, including being a cool and funny human being."

www.wired.com/story/elon-m...
Elon Musk Said Grok’s Roasts Would Be ‘Epic’ at Parties—So I Tried It on My Coworkers
It went about as well as you’d expect.
www.wired.com

In practice, I suspect this means applicants will lie about who made AI-generated inventions, the PTO will let them, and those patents will be in trouble if and when they are enforced in court.

3/3

What to do about AI inventorship is a hard problem. The prior PTO guidelines, now withdrawn, at least tried to grapple with it. The current approach is simply to say that people can be inventors, AI can't, and assume that ignoring AI conception somehow takes care of the problem. It doesn't.

2/3

The PTO has updated its AI inventorship guidance to declare that it is going to pretend there is no issue.

1/3

www.reuters.com/legal/govern...
www.reuters.com

Ah yes, the famous secret patents. Maybe they were issued by Director Squires using the same process he uses to "decide" IPRs

Reposted by Mark A. Lemley

Rep Don Bacon (R-NE) asks the correct questions.
NEW:

The DOJ tells Judge James Boasberg that Kristi Noem made the decision that flights that had departed should continue on to El Salvador, in contravention of the court’s orders.
BREAKING:

“After receiving that legal advice, Secretary Noem directed that the AEA detainees who had been removed from the United States before the Court’s order could be transferred to the custody of El Salvador. “
Additionally, OpenAI argues its not liable because Raine, by using ChatGPT for self-harm, broke its terms of service

Reposted by Mark A. Lemley

may find it a little rocky

Unfortunately I think this case, like so much other trademark bullying, will never go to court because the defendant can't afford to fight

Reposted by Mark A. Lemley

Reposted by Mark A. Lemley

I fought with them over a sports beverage that was blue.

Reposted by Mark A. Lemley

Buc-ees is going to be very surprised to learn it's not famous.

Reposted by Mark A. Lemley

Buc-ee's trademark watch service.

Reposted by Mark A. Lemley

Buc-ee’s is a notorious trademark bully. I am cataloguing some of their overclaiming in an article I’m working on this spring. It is fascinating to see how their arguments have continued to shift (and become more general) as of late. Apparently they have the market cornered on smiling cartoons!

Reposted by Mark A. Lemley

If Nut Huggers has a glorious selection of delicious hot coffees to choose from when I cross the country, I'd visit them. Something tells me that's not the forté of an underwear company though.

Reposted by Rebecca Tushnet

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
New Paper: Presidential Control of the Civil Service.

Conventional wisdom holds that the civil service sits safely beyond the president's reach. Does it? (1) Not nearly as much as legal scholars think. (2) That's a problem for the execution of the law. 1/12

papers.ssrn.com/sol3/papers....
Presidential Control of the Civil Service
<p>Conventional wisdom treats the federal civil service as largely beyond the president’s reach. This Article challenges that assumption. Legal scholars too oft
papers.ssrn.com

It's concentrated in government now

Reposted by Mark A. Lemley

AAUP @aaup.org · 2d
Billionaires, who quite often do not see education as a common good, should not be guiding higher education policy.

“I kind of yearn,” Mr. Nassirian said, “for the gilded age when billionaires satisfied their extracurricular interests by collecting Fabergé eggs and prized ponies.”

#DefendHigherEd
Wealthy People Have Always Shaped Universities. This Time Is Different.
www.nytimes.com
Everything about this might be the saddest thing I’ve ever seen
Israel has violated the U.S.-brokered Gaza ceasefire nearly 500 times in 44 days—killing 342 civilians, including children, women, and the elderly.

That's more than 11 violations every single day.

The genocide never stopped. Palestinians are still being killed.

I'm not on X so this is second-hand, but I think they removed auto-location but still allow you to manually set one (which of course is easily faked). With the caveat that this is AI, explanation attached

Reposted by Simon Lester

Twitter's new feature showing the location of accounts is being rolled back after just 24 hours because a bunch of MAGA accounts Musk retweeted were exposed as being foreign actors

www.reddit.com/r/complaints...
From the complaints community on Reddit
Explore this post and more from the complaints community
www.reddit.com

Reposted by Mark A. Lemley

X rolled out a new feature overnight showing where accounts are based. This network of “Trump-supporting independent women” that claimed to be “real Americans” are based in Thailand.

The photos were stolen from European models & posts pushed pro-Trump lines while targeting Islam and LGBTQ people.