Ed Timberlake
@trademarksaremagic.bsky.social
Trademarks! Trademarks! Trademarks!
Adjunct Professor, UNH Franklin Pierce School of Law
Board Certified Specialist in Trademark Law
https://timberlakelaw.tumblr.com/
https://law.unh.edu/person/ed-timberlake-0
https://clarity.fm/edtimberlake
Adjunct Professor, UNH Franklin Pierce School of Law
Board Certified Specialist in Trademark Law
https://timberlakelaw.tumblr.com/
https://law.unh.edu/person/ed-timberlake-0
https://clarity.fm/edtimberlake
Pinned
Reposted by Ed Timberlake
Now that I’m settling in at Tulane, I’d like to do more Ipse Dixit interviews. If you’ve got a new paper or book you’d like to discuss, lmk.
September 17, 2026 at 11:45 PM
Now that I’m settling in at Tulane, I’d like to do more Ipse Dixit interviews. If you’ve got a new paper or book you’d like to discuss, lmk.
Reposted by Ed Timberlake
This is an extremely effective method - I call mine “scraps,” as if I’ll patch them into the quilt later. Which I rarely do…but it helps
One of my top writing tips (which I'm sure one of you gave me) is to have a separate document called "cuts" for the bits that don't quite work, so that you can fool yourself that you're not DELETING them you're simply MOVING them.
September 18, 2026 at 3:14 PM
This is an extremely effective method - I call mine “scraps,” as if I’ll patch them into the quilt later. Which I rarely do…but it helps
Reposted by Ed Timberlake
Reality isn't "analog." Even music isn't "analog." It's quantized all the way down.
Real-time quantum jump in sound observed for first time
A Stanford team has documented the first direct observation of quantum jumps of sound in a mechanical resonator, completing an arc of scientific exploration that started more than 100 years ago.
phys.org
September 18, 2026 at 3:40 PM
Reality isn't "analog." Even music isn't "analog." It's quantized all the way down.
Reposted by Ed Timberlake
Genius design concept of the day:
Adopt This Data Center Plushie and Hear Its Piercing Scream. The satirical collaboration between a creative studio and the music producer behind Big Data, “Bezzy” is a cute little doll that spews the sounds of real data centers www.wired.com/story/adopt-...
Adopt This Data Center Plushie and Hear Its Piercing Scream
The satirical collaboration between a creative studio and the music producer behind Big Data, “Bezzy” is a cute little doll that spews the sounds of real data centers.
www.wired.com
September 18, 2026 at 1:48 PM
Genius design concept of the day:
Reposted by Ed Timberlake
"the assessment did not consider the crocodiles" is my new metaphor for people choosing to just ignore the data point that doesn't agree with them
Now, just personally, I would have considered the crocodiles
September 17, 2026 at 2:20 PM
"the assessment did not consider the crocodiles" is my new metaphor for people choosing to just ignore the data point that doesn't agree with them
Is
"a three-dimensional, frustoconical . . . packaging having a horizontal line that appears on the bottom third of the packaging, a folded top-end of the packaging, and a flat bottom"
essential to the use and purpose of:
catnip?
tsdr.uspto.gov#caseNumber=5...
"a three-dimensional, frustoconical . . . packaging having a horizontal line that appears on the bottom third of the packaging, a folded top-end of the packaging, and a flat bottom"
essential to the use and purpose of:
catnip?
tsdr.uspto.gov#caseNumber=5...
September 18, 2026 at 1:16 PM
Is
"a three-dimensional, frustoconical . . . packaging having a horizontal line that appears on the bottom third of the packaging, a folded top-end of the packaging, and a flat bottom"
essential to the use and purpose of:
catnip?
tsdr.uspto.gov#caseNumber=5...
"a three-dimensional, frustoconical . . . packaging having a horizontal line that appears on the bottom third of the packaging, a folded top-end of the packaging, and a flat bottom"
essential to the use and purpose of:
catnip?
tsdr.uspto.gov#caseNumber=5...
Reposted by Ed Timberlake
If you’re into law, literature, and liberation, check out “Freedom Papers,” my Substack where I explore the Black radical tradition, Afrofuturism, and the struggle to imagine justice beyond the limits of legal doctrine.
freedompapers.substack.com
freedompapers.substack.com
Freedom Papers | Etienne Toussaint | Substack
Notes on Grief, Dignity, and the Inner Work of Liberation. Click to read Freedom Papers, by Etienne Toussaint, a Substack publication with thousands of subscribers.
freedompapers.substack.com
September 18, 2026 at 12:37 PM
If you’re into law, literature, and liberation, check out “Freedom Papers,” my Substack where I explore the Black radical tradition, Afrofuturism, and the struggle to imagine justice beyond the limits of legal doctrine.
freedompapers.substack.com
freedompapers.substack.com
Reposted by Ed Timberlake
Is Heaven a physician?
They say that He can heal;
But medicine posthumous
Is unavailable.
They say that He can heal;
But medicine posthumous
Is unavailable.
September 18, 2026 at 12:52 PM
Is Heaven a physician?
They say that He can heal;
But medicine posthumous
Is unavailable.
They say that He can heal;
But medicine posthumous
Is unavailable.
"Applicant PAGS had filed a second application for a mark that slightly differed from its first, successfully opposed mark, for narrowed services, but those changes were insufficient to avoid the prior judgment."
- @ttablog.bsky.social
- @ttablog.bsky.social
Changes in Mark and Services Fail to Avoid Claim Preclusion in PET-AGREE GROOMING SUPPLIES Opposition
thettablog.blogspot.com/2026/09/chan...
thettablog.blogspot.com/2026/09/chan...
September 18, 2026 at 12:55 PM
"Applicant PAGS had filed a second application for a mark that slightly differed from its first, successfully opposed mark, for narrowed services, but those changes were insufficient to avoid the prior judgment."
- @ttablog.bsky.social
- @ttablog.bsky.social
Reposted by Ed Timberlake
This design patent claims just the hold in the back of a chair. The accused hole isn't the same shape. The same concept, maybe. But that's not enough. No infringement.
FLEETWOOD GROUP, INC. v. ACADEMIA FURNITURE LLC, Docket No. 2:26-cv-12278 (D.N.J. Sep 17, 2026),
FLEETWOOD GROUP, INC. v. ACADEMIA FURNITURE LLC, Docket No. 2:26-cv-12278 (D.N.J. Sep 17, 2026),
September 18, 2026 at 12:23 PM
This design patent claims just the hold in the back of a chair. The accused hole isn't the same shape. The same concept, maybe. But that's not enough. No infringement.
FLEETWOOD GROUP, INC. v. ACADEMIA FURNITURE LLC, Docket No. 2:26-cv-12278 (D.N.J. Sep 17, 2026),
FLEETWOOD GROUP, INC. v. ACADEMIA FURNITURE LLC, Docket No. 2:26-cv-12278 (D.N.J. Sep 17, 2026),
Reposted by Ed Timberlake
Celebrating the Music of Charles Tomlinson Griffes!
(September 17, 1884 – April 8, 1920)
American composer of Impressionist music. Here’s Griffes’s superb tone poem, The Pleasure Dome of Kubla Khan, Op. 8 (be sure to make it to the pounding drums @ about 8:38):
www.youtube.com/watch?v=rSbq...
(September 17, 1884 – April 8, 1920)
American composer of Impressionist music. Here’s Griffes’s superb tone poem, The Pleasure Dome of Kubla Khan, Op. 8 (be sure to make it to the pounding drums @ about 8:38):
www.youtube.com/watch?v=rSbq...
The Pleasure-Dome of Kubla Khan
YouTube video by Sherrill Milnes - Topic
www.youtube.com
September 17, 2026 at 7:43 PM
Celebrating the Music of Charles Tomlinson Griffes!
(September 17, 1884 – April 8, 1920)
American composer of Impressionist music. Here’s Griffes’s superb tone poem, The Pleasure Dome of Kubla Khan, Op. 8 (be sure to make it to the pounding drums @ about 8:38):
www.youtube.com/watch?v=rSbq...
(September 17, 1884 – April 8, 1920)
American composer of Impressionist music. Here’s Griffes’s superb tone poem, The Pleasure Dome of Kubla Khan, Op. 8 (be sure to make it to the pounding drums @ about 8:38):
www.youtube.com/watch?v=rSbq...
Reposted by Ed Timberlake
Higher ed has been dealing with this for many years: scholarship.law.georgetown.edu/facpub/2544/
September 17, 2026 at 7:17 PM
Higher ed has been dealing with this for many years: scholarship.law.georgetown.edu/facpub/2544/
Reposted by Ed Timberlake
and, as ever, my reminder that if you are writing about a court case it is basically authorial and editorial malpractice not to provide a case number or copy of/link to the documents you're talking about
September 17, 2026 at 6:38 PM
and, as ever, my reminder that if you are writing about a court case it is basically authorial and editorial malpractice not to provide a case number or copy of/link to the documents you're talking about
Reposted by Ed Timberlake
D23,004 - issued in 1894 for a design for "wall-paper." #DesignPatents
September 17, 2026 at 6:01 PM
D23,004 - issued in 1894 for a design for "wall-paper." #DesignPatents
Reposted by Ed Timberlake
Ooh, this looks great!
Aloof and haughty, slinking and sometimes sinister, cats are a mainstay of weird fiction for good reason: for all that we love them, they’re unknowable, unpredictable and a little uncanny.
Fiendish Felines available now, online and in-store
Fiendish Felines available now, online and in-store
September 17, 2026 at 1:22 PM
Ooh, this looks great!
Reposted by Ed Timberlake
So you just learned about the AI cult, huh? Here is the longform explainer you need to make sense of the very, very strange ideas driving tech policy in 2026. Buckle up, it’s a wild ride. www.techpolicy.press/what-policym...
What Policymakers and the Public Need to Know About the Cult of AI
Nathalie Maréchal asks, why are we betting the economy and the future of democracy on cult-like beliefs?
www.techpolicy.press
September 17, 2026 at 5:24 PM
So you just learned about the AI cult, huh? Here is the longform explainer you need to make sense of the very, very strange ideas driving tech policy in 2026. Buckle up, it’s a wild ride. www.techpolicy.press/what-policym...
Reposted by Ed Timberlake
Happy Constitution Day to Those Who Celebrate
Also, this is still the best Onion article ever
Also, this is still the best Onion article ever
September 17, 2026 at 1:05 PM
Happy Constitution Day to Those Who Celebrate
Also, this is still the best Onion article ever
Also, this is still the best Onion article ever
Reposted by Ed Timberlake
This meme I made this morning is probably only funny to like 5 millennial Trademark Lawyers, but it's FUNNY TO ME.
September 17, 2026 at 4:05 PM
This meme I made this morning is probably only funny to like 5 millennial Trademark Lawyers, but it's FUNNY TO ME.
Application to Register:
"the three-dimensional configuration of a frozen confection that has the internal and external appearance of fried chicken"
as identifying,
distinguishing,
and indicating a single source of:
ice cream
tsdr.uspto.gov#caseNumber=5...
"the three-dimensional configuration of a frozen confection that has the internal and external appearance of fried chicken"
as identifying,
distinguishing,
and indicating a single source of:
ice cream
tsdr.uspto.gov#caseNumber=5...
September 17, 2026 at 3:22 PM
Application to Register:
"the three-dimensional configuration of a frozen confection that has the internal and external appearance of fried chicken"
as identifying,
distinguishing,
and indicating a single source of:
ice cream
tsdr.uspto.gov#caseNumber=5...
"the three-dimensional configuration of a frozen confection that has the internal and external appearance of fried chicken"
as identifying,
distinguishing,
and indicating a single source of:
ice cream
tsdr.uspto.gov#caseNumber=5...
Application to register:
"the three-dimensional configuration of a frozen confection that has the appearance of fried chicken"
as identifying,
distinguishing,
and indicating a single source of:
ice cream
tsdr.uspto.gov#caseNumber=5...
"the three-dimensional configuration of a frozen confection that has the appearance of fried chicken"
as identifying,
distinguishing,
and indicating a single source of:
ice cream
tsdr.uspto.gov#caseNumber=5...
September 17, 2026 at 3:19 PM
Application to register:
"the three-dimensional configuration of a frozen confection that has the appearance of fried chicken"
as identifying,
distinguishing,
and indicating a single source of:
ice cream
tsdr.uspto.gov#caseNumber=5...
"the three-dimensional configuration of a frozen confection that has the appearance of fried chicken"
as identifying,
distinguishing,
and indicating a single source of:
ice cream
tsdr.uspto.gov#caseNumber=5...
Reposted by Ed Timberlake
Delighted to see my essay “Exercises in Jurisprudential Style” get a “recommended”! legaltheoryblog.com/2026/09/17/f...
Frye on Exercises in Jurisprudential Style
Brian L. Frye (Tulane University Law School) has posted Exercises in Jurisprudential Style on SSRN. Here is the abstract: This essay is a work of conceptual art in the form of a legal sc…
legaltheoryblog.com
September 17, 2026 at 2:22 PM
Delighted to see my essay “Exercises in Jurisprudential Style” get a “recommended”! legaltheoryblog.com/2026/09/17/f...
Reposted by Ed Timberlake
TTABlog Test: Are these UPSTREAM-Formative Marks Confusable for Insurance Agencies?
thettablog.blogspot.com/2026/09/ttab...
thettablog.blogspot.com/2026/09/ttab...
September 17, 2026 at 10:36 AM
TTABlog Test: Are these UPSTREAM-Formative Marks Confusable for Insurance Agencies?
thettablog.blogspot.com/2026/09/ttab...
thettablog.blogspot.com/2026/09/ttab...
Reposted by Ed Timberlake
Look back on time with kindly eyes,
He doubtless did his best;
How softly sinks his trembling sun
In human nature's west!
He doubtless did his best;
How softly sinks his trembling sun
In human nature's west!
September 17, 2026 at 12:57 PM
Look back on time with kindly eyes,
He doubtless did his best;
How softly sinks his trembling sun
In human nature's west!
He doubtless did his best;
How softly sinks his trembling sun
In human nature's west!
Reposted by Ed Timberlake
Lucy Ogden, ceramic artist living and working in Shoreham by Sea on the south coast of the UK #WomensArt (via Instagram)
September 17, 2026 at 11:35 AM
Lucy Ogden, ceramic artist living and working in Shoreham by Sea on the south coast of the UK #WomensArt (via Instagram)