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Lisa P. Ramsey

@lpramsey.bsky.social

1.7K followers 390 following 230 posts

University of San Diego Law Professor. I teach IP law and write about potential conflicts between trademark laws and free speech rights. Pop culture and live music fan. www.lisapramsey.com

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Reposted by Lisa P. Ramsey

Sarah Fackrell @design-law.bsky.social · 6h

Huge thanks to @mikescarcella.bsky.social for linking to the UNCRUSTABLES trade dress complaint here: www.reuters.com/legal/litiga...

Shall we all take a look?

Sean Marotta @smmarotta.bsky.social · 9h

My brain is such that I see this an immediately think of @lexlanham.bsky.social.

www.reuters.com/legal/litiga...

Smucker’s sues Trader Joe’s over alleged copycat crustless sandwiches

Jif peanut butter maker J.M. Smucker Company on Monday sued Trader Joe’s in federal court, accusing the national grocery chain of infringing trademarks tied to its popular Uncrustables brand of frozen sandwiches.

www.reuters.com

Lisa P. Ramsey @lpramsey.bsky.social · 1d

What Happened When AI Came for Craft Beer
www.404media.co/what-happene...

What Happened When AI Came for Craft Beer

A prominent beer competition introduced an AI-judging tool without warning. The judges and some members of the wider brewing industry were pissed.

www.404media.co

Lisa P. Ramsey @lpramsey.bsky.social · 5d

Takeaways From Ninth Circuit’s Revival Of Trader Joe’s Trademark Infringement Suit Against Independent Union Over Labor-Branded Merchandise
www.lexology.com/library/deta...

Takeaways From Ninth Circuit’s Revival Of Trader Joe’s Trademark Infringement Suit Against Independent Union Over Labor-Branded Merchandise

The Ninth Circuit’s recent resurrection of Trader Joe’s trademark infringement suit over an independent union’s sale of apparel, mugs, tote bags, and…

www.lexology.com

Lisa P. Ramsey @lpramsey.bsky.social · 11d

"Almost instantly, Sora’s early-access users were spinning up videos made with copyrighted material plucked from pop culture. (We saw more “Rick and Morty” and Pikachu videos than we would have liked.)"
www.nytimes.com/2025/10/02/t...

OpenAI’s New Video App Is Jaw-Dropping (for Better and Worse)

www.nytimes.com

Lisa P. Ramsey @lpramsey.bsky.social · 18d

The USPTO is putting on several free webinars about trademark law as part of its Trademark Basics Boot Camp - the first one is on Tuesday, October 7. Information is at this link:
www.uspto.gov/about-us/eve...

Trademark Basics Boot Camp, Module 1: Fundamentals

A must for any new trademark owner. In this module, we’ll cover definitions and types of trademarks, benefits of federal registration, selecting a trademark, filing and registration, and how to find h...

Lisa P. Ramsey @lpramsey.bsky.social · 25d

The answer to your question is complicated, and that’s why I am curious what other trademark experts think about this issue assuming the subject matter is no longer protected by copyright law. Such TM applications might be refused on various grounds I discussed in my post (eg, false association).

Lisa P. Ramsey @lpramsey.bsky.social · 25d

Companies can claim trademark rights in words and symbols in the public domain that they use as a source-identifying mark for goods and services. If such marks are registered, the trademark registrant takes it out of the public domain with regard to the products listed in the registration.

Lisa P. Ramsey @lpramsey.bsky.social · 25d

. . . and may be using this image or the name in other ways it claims are a trademark use; and possibly on failure to function grounds depending on how the proposed mark is used by the trademark applicant in a certain context with the goods or services.

Lisa P. Ramsey @lpramsey.bsky.social · 25d

The USPTO could refuse such a mark on false association grounds in Section 2(a) of the Lanham Act; on likelihood of confusion grounds under Section 2(d) since Disney is using a short clip of Steamboat Willie in connection with its entertainment services . . .

Lisa P. Ramsey @lpramsey.bsky.social · 25d

Martin Senftleben has also written about this issue in his excellent book The Copyright/Trademark Interface and argues that governments should not register cultural heritage works.

Lisa P. Ramsey @lpramsey.bsky.social · 25d

I refer to it as "inherently valuable expression" in my upcoming book and argue that proposed marks consisting of creative works (or their titles or character names associated with them) should not be registered or, if they are registered, that the registrants should have a narrow scope of rights.

Lisa P. Ramsey @lpramsey.bsky.social · 25d

At INTA, I took the position that regardless of whether you think the artist who created an artistic work or the former copyright owner should be allowed to register such an image or phrase, random people should not be able to obtain exclusive trademark rights in this type of subject matter.

Lisa P. Ramsey @lpramsey.bsky.social · 25d

If they advertise it enough, or get publicity through filing a lawsuit like this, people might start to associate this subject matter with the trademark applicant (and not just Disney). We talked about this issue on my professors panel at the 2024 INTA annual meeting.

Lisa P. Ramsey @lpramsey.bsky.social · 25d

Trademark folks on BlueSky: Do you think the government should allow this law firm (or anyone else unrelated to Disney) to claim trademark rights in an image from, or short clip of, the public domain Steamboat Willie or the phrase "Steamboat Willie" for goods or services?

TTABlog @ttablog.bsky.social · 25d

Morgan & Morgan Claims Fair Use of Steamboat Willie Cartoon Adaptation in its Advertisement
thettablog.blogspot.com/2025/09/morg...

Lisa P. Ramsey @lpramsey.bsky.social · 26d

Here is a copy of the declaratory judgment complaint: storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

Lisa P. Ramsey @lpramsey.bsky.social · 26d

Morgan & Morgan sues Disney over Steamboat Willie Mickey Mouse ad
floridapolitics.com/archives/756...

Morgan & Morgan sues Disney over Steamboat Willie Mickey Mouse ad

The law firm sued and asked the court to declare it wasn't violating any intellectual property.

floridapolitics.com

Lisa P. Ramsey @lpramsey.bsky.social · 29d

Is ‘The Pitt’ Really an ‘ER’ Spinoff? Michael Crichton’s Estate Says It Is.
www.nytimes.com/2025/09/12/b...

Is ‘The Pitt’ Really an ‘ER’ Spinoff? Michael Crichton’s Estate Says It Is.

www.nytimes.com

Lisa P. Ramsey @lpramsey.bsky.social · Sep 5

Neuralink’s Bid to Trademark ‘Telepathy’ and ‘Telekinesis’ Faces Legal Issues

www.wired.com/story/uspto-...

Neuralink’s Bid to Trademark ‘Telepathy’ and ‘Telekinesis’ Faces Legal Issues

The brain implant company cofounded by Elon Musk filed to trademark the product names Telepathy and Telekinesis. But it turns out that another person had already filed to trademark those names.

Reposted by Lisa P. Ramsey

TTABlog @ttablog.bsky.social · Aug 28

CAFC Vacates and Remands TTAB's Affirmance of F**K Failure-to-Function Refusal Due to Lack of Clarity
thettablog.blogspot.com/2025/08/cafc...

Lisa P. Ramsey @lpramsey.bsky.social · Aug 27

For more info see: patentlyo.com/patent/2025/...

F-Bombs Away: Federal Circuit Sends Brunetti Back to TTAB to Consider its Failure to Function Doctrine

by Dennis Crouch In a divided decision that highlights ongoing tensions around trademark law's Failure to Function doctrine, the Federal …

Lisa P. Ramsey @lpramsey.bsky.social · Aug 27

For more info see: patentlyo.com/patent/2025/...

F-Bombs Away: Federal Circuit Sends Brunetti Back to TTAB to Consider its Failure to Function Doctrine

by Dennis Crouch In a divided decision that highlights ongoing tensions around trademark law's Failure to Function doctrine, the Federal …

Reposted by Lisa P. Ramsey

Sarah Fackrell @design-law.bsky.social · Aug 26

Federal Circuit vacates and remands in Brunetti: www.cafc.uscourts.gov/opinions-ord... (h/t @ttablog.bsky.social) #trademarks

DYK, Circuit Judge.
Erik Brunetti appeals a decision of the Trademark Trial and Appeal Board (“Board”). The Board affirmed the examining attorney’s refusal to register the word FUCK as a trademark for certain goods and services because it failed to function as a trademark. In re Brunetti, No. 88308426, 2022 WL 3644733 (T.T.A.B. Aug. 22, 2022). We reject many of Mr. Brunetti’s arguments but nonetheless con-clude that the decision of the Board lacks sufficient clarity, and, accordingly, we vacate and remand for further pro-ceedings.

Lisa P. Ramsey @lpramsey.bsky.social · Aug 27

Cracker Barrel Drops New Logo Design After Conservative Backlash
www.nytimes.com/2025/08/26/b...

Cracker Barrel Drops New Logo Design After Conservative Backlash

www.nytimes.com

Reposted by Lisa P. Ramsey

James Poniewozik @poniewozik.bsky.social · Aug 16

"It is still a free country. You can still say what you want. So why are so many powerful institutions behaving like it isn’t and they can’t? If a few bratty cartoon kids can peel off the emperor’s clothes, what are the grown-ups so afraid of?" [giftie] www.nytimes.com/2025/08/16/a...

Eric Cartman, Welcome (for Now) to the Resistance

www.nytimes.com

Reposted by Lisa P. Ramsey

DeathNerd Killer @daphnek.bsky.social · Aug 14

Do you ever start reading something, and it's so disturbing that you just KEEP reading it and jotting down some notes and complaining to everyone you talk to and then... the next thing you know you have a whole article about it??

Here is my new article about the NO FAKES bill. 1/

The NO FAKES Bill: A Terrible Speech Law for Our Times

<span> <p><span>The 2025 NO FAKES bill would create a sweeping new regime of intellectual property ownership, licensing, and restrictions for a critical catego

papers.ssrn.com