All posts filed under: Faculty in the Media

OMG Verdict Flip Exemplifies High Court’s Rogers Test Limitation

A trademark dispute between OMG Girlz and MGA reversed course after a SCOTUS decision last June that shifted the balance between trademark protection and First Amendment rights without articulating a new test. “I don’t think that the Supreme Court made this inquiry-what is a ‘use as source identification’-very clear … so it doesn’t surprise me that lower courts now need to struggle with those issues,” said Prof. Guy Rub. Read More

Trump ‘Bidenomics’ ad shows a Philly-area mom who really supports Kamala Harris I Helen Ubinas

Kimberly Burrelt’svoice and image were used in an ad attacking Kamala Harris without her knowledge or consent. While technically legal, Prof. Laura Little sees it as a cautionary tale: “We’re going to be deluged in the next month with all these attack ads and it kind of brings home that you need to take them with a grain of salt.” Read More