alex roberts

fall 2025 supplement to my trademark casebook has added the fireball case AND a case that discusses veuve cliquot in depth, & that's in the first chapter alone

smh it's like the fed circuit wants our students learning tm law w/ a drink in hand

Kissing Cousins? SUNKIST and KIST Deemed Confusingly Similar The US Court of Appeals for the Federal Circuit reversed a Trademark Trial & Appeal Board decision, concluding that there was a likelihood of confusion between the marks KIST and SUNKIST when used in ...

fed circuit reverses ttab, finding a likelihood of confusion between the trademarks KIST and SUNKIST used in connection with soft drinks.

agree or disagree? ☀️😘

natlawreview.com/article/kiss...

omg what is wrong with people (lawyers)

they didn’t, the article is just using two different pics of columbia sportswear for some reason (I was confused too)

Columbia Sportswear suing Columbia University alleging trademark infringement Oregon-based Columbia Sportswear is suing Columbia University in New York, alleging the University is illegally selling merchandise that too closely resembles w

columbia sportswear sues columbia university for trademark infringement over its sale of apparel that just says "columbia"

apparently their prior agreement required the uni to pair its name w/ branding like the lion, shield, crown, or C design

katu.com/news/local/c...

1A | Speak Freely 1A is a show for a changing America.

i'll be on @npr.org 1A today talking about dupes! you can catch the livestream here from about 11:20am-noon eastern: the1a.org

went to a party and ate real silver?! #bejeweled

lawyers who track your time, what app do you like? asking for a non-lawyer friend who is not used to doing & tracking billable work

gym bro entrepreneur: we’re calling our product…proten!
lawyer: protein?
GBE: no no it’s spelled differently. we took out the i
lawyer: do not do this
GBE: &put a line over the e
lawyer: no
GBE: it’s cute trust me
lawyer: I am begging you
GBE: it’s a hard e
lawyer: pls guys

read this article in @bostonglobe.com about the "we do not care club" for menopausal & perimenopausal women with no F's to give, started by a 45 y/o influencer in florida

then i hopped over to @uspto.bsky.social and lo & behold... the trademark application

www.bostonglobe.com/2025/07/21/l...

omg!!!

wowwww did they solve the mystery of the not-alligator reptile?

I published three articles this past academic year! that means it’s OFFPRINT TIME. hmu if you want to be on my distro list, true nerds only

(all articles are also accessible for free online so this is only for “iced coffee & a bound law review article & chill” types)

lizard hunter comes up empty? lizard hunter you literally have one job

boston friends, “as you like it” on the common is so much fun & I highly recommend! last night was opening night so you have plenty of time. commshakes.org

Toy company may regret coming for “Sylvanian Drama” TikToker, experts say Possible legal paths to revive a shuttered video series on TikTok and Instagram.

spoke with @arstechnica.com about some of the trademark claims (w/ great comments from @ericgoldman.bsky.social & @rtushnet.bsky.social on the copyright claims & defenses): arstechnica.com/tech-policy/...

does epoch have valid trademark rights to assert, is confusion likely, & are any defenses (first amendment, parody, nominative fair use) applicable?

what about the allegations of copyright infringement--is sylvanian drama's use a fair use?

epoch says b/c it also uses influencer marketing, posts on youtube, & has collaborated with/made ads for several brands, confusion as to sponsorship or endorsement is likely

epoch, which makes the sylvanian family dolls & sells them under the tm calico critters in the US, has registered copyright in 26 different dolls, dollhouses, furniture, & accessories

it also claims trademark rights in the appearance of many of its dolls

the tiktok account "sylvanian drama" posts funny/dark videos using calico critters & has recently done some sponsored collabs, including w/ kate spade, marc jacobs, & away bags

the makers of calico critters recently sued the creator for copyright & trademark infringement

Caught vinyl fever? Our music expert has tips Andrew Mall, associate professor of music, has 1,500 records. He gives his top tips for those venturing into the world of buying records.

my @northeasternu.bsky.social music department colleagues are so much cooler than I am 🎼🎧 news.northeastern.edu/2025/07/21/f...

How dupes turned online shopping upside down When everything is the same, who gets to claim ownership over ideas?

What's going on in the world of dupes, & how do these rapid-fire copies interact with the law?

Fascinating @theverge.com piece with great quotes & analysis from two top experts: @lexlanham.bsky.social & @design-law.bsky.social

www.theverge.com/cs/features/...

#dupes #academia #fashion

More on the Sylvanian Drama copyright/trademark case, featuring quotes from @lexlanham.bsky.social, @rtushnet.bsky.social & @ericgoldman.bsky.social:

How dupes turned online shopping upside down When everything is the same, who gets to claim ownership over ideas?

"it’s a legal question filtered thru a moral lens, & the jury is made up of any social media user who happens across a video or post about a dupe."

excellent @theverge.com piece about dupes by @miasato.bsky.social w/ comments from me & @design-law.bsky.social

www.theverge.com/cs/features/...

naked reviewers:

Now dupes have spread to just about every industry imaginable, and they aren’t just comparisons created by shoppers; Roberts notes that brands and retailers have called their products “dupes” as a promotional tactic. (Here’s Whole Foods’ TikTok account calling its house-brand foods “dupes,” for example.) But there’s a word-of-mouth quality pervasive in dupe content — “I saw someone else post about this viral dupe” is a common opening hook to videos that have racked up millions of views online. Dupe content is so popular that simply posting about potential alternatives can be a whole career for influencers. Take the curious case of two Amazon influencers engaged in a bitter legal fight over allegations of unlawful copying: both women regularly promote products that are look-alikes for higher-end items. They earn a commission each time a viewer purchases an item through their affiliate links, whether that’s a handbag “inspired” by a luxury version or sofas designed to mimic a style popular among the ultra-wealthy. They profit off the veneer of a lifestyle — and a house full — of opulence, while accusing the other of biting their vibe. It’s not just that the products they push are often diluted versions of an original; even the influencers themselves are basically dupes, an endless game of telephone that carries, copies, and eventually distorts and replaces the original reference or design.

Dupes are powerful marketing. As @lexlanham.bsky.social notes, just because two things look alike doesn't necessarily mean they're problematic, legally or morally. Influencers and brands have realized that calling something a dupe can be lucrative — if there's one thing Americans love, it's a deal.

True Tone's 'Tan-Through' Swimwear - Consumers may want to see through many of this company's claims.

if you needed a laugh this morning--swimsuit co. advertises "tan-through" swimwear & the end of tan lines. @truthinad says it's not actually tan-through. reviewers say...help i'm naked?

truthinadvertising.org/articles/tru...

update: i now have 23k words & something vaguely resembling a thesis, i guess

(thesis: this thing i just spent a lot of pages describing is bad; we should not let it happen on purpose or by mistake)

I thought it was funny and then I found out they both have kids, & then I thought how much it must suck for the kids that every single outlet picked it up and is plastering all the newsfeeds with it

& it’s already a meme

ugh

🤢