alex roberts

alex roberts

@lexlanham.bsky.social

law professor teaching & writing about trademark, false advertising, IP, & entertainment law at northeastern

6.3K followers1.6K following3.5K posts

celebrity makeup artist patrick ta sues cvs for trademark infringement after discovering the chain sold his branded beauty products w/o his authorization under first sale doctrine, someone who lawfully acquires branded goods can resell them freely w/o infringing... BUT

...one exception to the doctrine is material alteration ta argues the product CVS purchasers get is actually materially different, & not covered by first sale doctrine, because the products don't come w/ the same warranty & customer-service protections

me: what would you like to be the theme for your birthday party 8 y/o [decisively]: figure skating pandacorn me: love that for you. I can’t find any images online & we don’t want AI slop so do you think you can draw a figure skating pandacorn that we can use? 8: on it

DJ: I need all the moms up here dancing on the stage me: oh no I don’t think that’s nec— DJ: [plays “poison” by bel biv devoe] me: excuse me i’m needed on the stage

me: oh good a book about academia & sororities & being a working mom! & marriage! & doing scholarship about social media! …oh wait I think it’s about to go off the rails …OH DAMN WHAT IS HAPPENING 😳

been feeling low-key insane for months b/c my phone & computer are consistently 2 minutes apart. like do i join the 3:00 meeting when my phone says 3 or 2 minutes later when my laptop says 3? anyway just noticed outlook is giving me emails timestamped in the future

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patent litigation remains open to all lawyers, as does all kinds of trademark, copyright, trade secret, right of publicity, sports & entertainment law, & other transactional IP work outside of patent pros

it's such a privilege to work with these students as they figure out their interests & career paths tho i remain baffled about firm recruiting hitting so early--before folks have the chance to take electives & confirm suspicions about what areas of law & types of practice appeal

today i have to teach a patent case about dunking poultry in acid to make it weigh more & to tell you the truth i'm super grossed out about it thanks, federal circuit

as i say in the piece, while there's growing pressure to cultivate & maintain a personal brand online, i encourage people to resist it--if you're not a celebrity, athlete, or influencer, you don't need to follow a playbook designed for them, especially if it feels forced or uncomfortable to you.

what my colleague wrote: i can come to the lunch, what time is it what i 100% definitely typed in reply: great! noon what outlook chose to change it to and send: great! boob

before this trip i googled the name of my hotel + "gym" & gemini informed me there was indeed a gym & displayed several photos of it so i packed my gym clothes, planned my travel around a morning workout, & got dressed for it this morning you'll never guess what happened next

so happy to be at @nyulaw today for the harvard/penn/nyu trademark & unfair competition roundtable, which is basically my fav conference of the whole year b/c it's ALL TRADEMARKS ALL DAY (& all fabulous people)

the amtrak quiet car is 90% people who are so happy to have a peaceful silent journey to their destination & 10% people who are like THIS IS THE WHAT? WHAT’S A QUIET CAR? OH THAT’S MY PHONE I GOTTA TAKE THIS, HELLO?!?

living in this country is constantly rage inducing. when my kids get home from "safety day" today (elementary school active shooter drills) i guess i'll tell them to make sure not to watch the government-sanctioned live-streamed execution www.wcvb.com/article/expe...

wcvb.comExperts urge parents to prepare kids for possible livestreamed executionIt's focused on the unprecedented parental challenge of handling the near-certain prospect that children will hear of or see footage of the Dec. 3 U.S. execution by firing squad of Nidal Malik Hasan i...

as an IP lawyer I really enjoyed moriarty kicking off this book with a supposed churchill quote, followed by an admission that it’s inaccurate & an explanation of the real quote & why she used the fake as epitaph, all summed up by an apocryphal mark twain quote

commode liner co. sues competitor for trade dress infringement, asserting packaging features incl. a 3-flap box, blue-green colors, bicolored packaging surfaces, & images displayed in a 2-by-2 grid court found the TD functional & non-distinctive 🚽🚽 www.vitallaw.com/news/tradema...

vitallaw.comTRADEMARK—E.D.N.Y.: Trade dress, predatory pricing claims dismissed in commode liner disputeThe court found the packaging allegations too vague to support trade dress protection and rejected the predatory pricing claim. A federal court in New York dismissed trade dress infringement and preda...

love my conversations with pest control me: there was one guy with a million legs pc: show me where you saw the centipede me: also, teeny flies that are easy to crush pc: i will spray your fungal gnats me: there is a hole in the lawn not for bunnies pc: found your mole hole!

OUTKAST sues OVRKAST for trademark infrngement, unfair competition, & breach of contract outkast claims the rapper & producer had accepted OVERKXST as his replacement stage name, then delayed the paperwork & proposed 2 previously rejected alternatives allhiphop.com/news/exclusi...

allhiphop.comEXCLUSIVE: Outkast Sues Ovrkast After Rapper Admits Listeners Confuse Their NamesOutkast says Ovrkast acknowledged public confusion but refused to retire his stage name under an agreed transition plan.

in comparing similar trademarks we consider sight, sound, & meaning while the two marks are only two letters apart so may be similar in sight, OUTKAST (outcast) & OVRKAST (overcast) are very different in sound & meaning

adidas sues white fox (a brand my middle schooler enjoys) for trademark infringement over its four-stripe apparel because, you know, adidas owns stripes. just the mere idea of stripes. don't even gesture toward the existence of stripes. www.theguardian.com/australia-ne...

theguardian.comAdidas sues Australian label White Fox over ‘deceptively similar’ four-stripe clothingSports clothing brand bought allegedly trademark-contravening clothes and copies of ubiquitous White Fox bus ads to present in court

12 y/o: don’t we have a day off school coming up 8 y/o [confidently] it’s colombian day me: colombian day? 8: yeah to celebrate colombia me [checking calendar] oh wait, indigenous peoples day. did you mean to say columbus day? 8: yes, that’s what I said. colombian day. 🇨🇴

alex roberts reposted

Per Complaint: "Sir Pizza has ... developed distinctive trade dress in . . . the overall appearance of its pizzas, which are consistently presented with a thin crust, chopped toppings carried to the edge, chopped or diced pepperoni rather than round slices . . . and a signature square-cut style"

alex roberts @lexlanham.bsky.social

sir pizza in TN files a TRO alleging former licensee who opened king pizza breached agreement, misappropriated trade secrets, & infringed TM w/ similar branding & a menu that is a “near word-for-word recitation" of the 1 created for the franchise location www.wsmv.com/2026/09/29/t...

sir pizza in TN files a TRO alleging former licensee who opened king pizza breached agreement, misappropriated trade secrets, & infringed TM w/ similar branding & a menu that is a “near word-for-word recitation" of the 1 created for the franchise location www.wsmv.com/2026/09/29/t...

wsmv.comTN pizza battle ensues after chain accuses former franchise owner of launching competitor using trade secretsA pizza battle is heating up in Middle Tennessee as Sir Pizza files a temporary restraining order to shut down a competing shop that was opened by one of its former franchise owners.

revising, i.e. staring at this comment until i lose my whole entire mind does "G-d bless the USA" fail to function as a mark for a pillow that has that phrase on it b/c it describes that pillow or is "G-d bless the USA" a *feature* of a pillow that has that phrase on it

small sleepwear co. sues american eagle over use of OVERSLEPT as a trademark for pajamas, alleging AE is using "virtually identical marks, in similar fonts, on the same class of goods, sold to the same consumers, through similar channels of trade" www.law360.com/articles/252...

law360.comAmerican Eagle Accused Of Infringing 'Overslept' TM - Law360A New York sleepwear company sued American Eagle on Wednesday over claims of trademark infringement after the apparel giant launched a line of sleepwear called "Overslept," a trademark that is already...

in their motion to dismiss dua lipa's suit over use of her image on tv boxes, samsung argues her face is not a TM, so her infringement claim is weak true, but her false endorsement claim is stronger, & the right of publicity claim strongest of all (jurisdictional issues aside)

it’s been pouring for 3 days & they’re refusing to cancel my kid’s middle school cross country meet or I guess, nor’easter flood mud run I just…why