|
Mark Lemley@marklemley.bsky.social |
To be clear, the result in Elster isn't terrible. Elster didn't deserve a trademark for putting a slogan he didn't even create on the front of a T-shirt, and I think there are good reasons not to allow people to trademark other people's names. /1
1 replies 0 reposts 1 likes
|
|
Mark Lemley
@marklemley.bsky.social
[ View ] |
But neither the "content-based restrictions on speech don't need heightened scrutiny" claim nor the "we've been doing some things vaguely like this for a while, so the First Amendment doesn't apply" claim withstand analysis /2
0 replies 0 reposts 4 likes