Jake Linford
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jakelinford.bsky.social
Jake Linford
@jakelinford.bsky.social
I profess the law, especially w/r/t trademarks. Husband to one, father of four. Music nerd. Gamer geek.

Loula Fuller & Dan Myers Professor, Associate Dean for Research, FSU College of Law.
Reposted by Jake Linford
is there evidence of harm from tarnishment?

maybe we don't have much evidence of that,* but courts seem to presume it. if so, perhaps constitutional; if not, not.

*linford's own empirical work has found not only no harm, but sometimes burnishment
August 7, 2025 at 10:20 PM
Reposted by Jake Linford
linford: maybe elster gives us some hope that scotus will stop using the first amendment as a deregulatory cudgel
August 7, 2025 at 10:17 PM
Reposted by Jake Linford
is protection against tarnishment consistent w/ history & tradition?

is it reasonable related to tm's purpose?

is the provision viewpoint-based?

how liberally should courts use constitutional scrutiny to second guess commercial regulation?
August 7, 2025 at 10:17 PM
Reposted by Jake Linford
if we get all the way to scotus with the question of constitutionality of dilution law, does it survive?

@jakelinford.bsky.social thinks yes. court doesn't seem to have much appetite for traditional constitutional scrutiny.
August 7, 2025 at 10:24 PM
It’s been a labor of love - we’re so glad everyone has access to it!
July 11, 2025 at 2:28 PM
It’s a bop. Taught it in my seminar this spring. My students loved it.
May 27, 2025 at 4:21 PM