Dustin Marlan

i wrote a review of @DustinMarlan's fabulous article about that secret third thing: trademark law's tertium quid! i recommend his piece for all the tm, trade dress, & marketing nerds @IReadJotwell ip.jotwell.com/service-dress-…..

@FaceLikeTheSun Glad to chat

Hey @DustinMarlan Would love to hear your thoughts about dream advertising

Second try Connection got lost x.com/i/spaces/1nAKE…

@LPRamsey Thai food = generic ; Thai food near me = descriptive

Trademark Twitter: How would you classify “Thai Food Near Me” for a Thai restaurant on the Abercrombie spectrum? I think such terms should be classified as generic and not protectable under trademark law because granting rights could stifle commercial speech and fair competition.

@NeseLSD Congratulations Neşe! So happy for you!

Biggest news yet: After 3 postdocs & 9 years on the academic job market, I'm going to be joining the faculty at Johns Hopkins University as a Senior Lecturer in the University Writing Program. /1

Are advertisers attempting to market to us while we dream? This recent paper by @DustinMarlan says this is not science fiction, but rather a troubling new reality. Take a look at the nightmare of dream advertising : spkl.io/60144jDG4

Volume 37 Issue 2 of BTLJ is online. Read here: btlj.org/2023/02/volume… Featuring: @Giuliano_C @barryfriedman1 @jkosseff @DustinMarlan @lawlancer

.@DustinMarlan “The Dystopian Right of #Publicity” 37(2) @BerkeleyTechLJ 803 (2022) #mustread btlj.org/wp-content/upl…

Friday (1/6) 3-4:40 pm "Emerging Voices in IP" w/ presenting Profs @DustinMarlan @unc_law, @SepehrShahshah @FordhamLawNYC, Matthew Sipe @ubaltlaw, and commenting Profs @ericgoldman @santaclaralaw, Sapna Kumar @UHLAW, @LinfordInfo @FSUCollegeofLaw. #AALS2023

USPTO makes it official: shortening the deadline for applicants to respond to trademark office actions in half. Meanwhile, USPTO average time to process new applications has tripled over the last 2 years. And small businesses are more drastically impacted by both situations!!

@brianlfrye Narrow margins.

Legal scholarship is also an artistic medium, what is its signature?

IP friends: I have a student interested in taking the patent bar this summer but isn't sure about how to prepare. Can anyone recommend a test prep company (either in the Greater Boston area or online)?

And... we're live! sup.org/books/title/?i…

.@DustinMarlan, ‘The Dystopian Right of Publicity’ private-law-theory.org/?p=37364&utm_s…

@lexlanham How is "vibe" different than what was protected in Two Pesos?

most 2021 moment in trademark law? applicant attempts to seek trade dress protection for vibes. "the lanham act is intended to protect “the concrete expression of an idea,” not vibes. "barrio’s build-your-own taco concept & 'vibe' are not entitled to trade dress protection."

trademark law: a tale of presumptive idiots, befuddled by everything

@lexlanham Oh, you mean you don't say Ef You See Kay?

this is trademark law professor erasure, we also have cause to say the F word repeatedly

Dustin Marlan frames the negative impact of the word "consumer", and shows how words like "purchaser" and "customer" are used in decisions over time using Historical Trends (case.law/trends) in "Is the Word 'Consumer' Biasing Trademark Law?": scholarship.law.tamu.edu/lawreview/vol8…

@lexlanham Seems like a pretty good descriptive fair use defense.

interesting! amazon owns a number of registrations for PRIME, including one for early access to retail discounts and offers, & one for PRIME DAY for online retail store services. will use of "prime sale" on prime day by another co. create a likelihood of consumer confusion?

We @UMassLaw are hiring a Legal Skills Professor! ✅ amazing students ✅ committed teachers ✅ impactful scholars ✅ engaged community Join us as we Pursue Justice at Massachusetts' only public law school: careers.umassd.edu/dartmouth/en-u… Exciting things cropping up all over New England!