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Jeanne Fromer

@jeannefromer.bsky.social
2.9K followers 862 following 291 posts

@NYULaw.bsky.social Vice Dean & Walter J. Derenberg Professor of Intellectual Property Law; Co-Director, @NYUEngelberg.org Center on Innovation Law & Policy

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Jeanne Fromer @jeannefromer.bsky.social · 29/09/2026
It's Schrodinger's Copycat: The Third Circuit's decision in Thomson Reuters v. ROSS Intelligence affirming Judge Bibas's decision of no fair use sits under seal for now, meaning ROSS Intelligence's activity is simultaneously infringing and non-infringing until the seal is broken ;)
copyrightlately.com
Signed, Sealed, Affirmed: Third Circuit Backs Thomson Reuters over ROSS
The first federal appeals court to weigh fair use in AI training sided with Thomson Reuters over ROSS. Why it did so, for now, is under seal.
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Jeanne Fromer @jeannefromer.bsky.social · 24/09/2026
Nice writeup in Washington Square News of sold-out @nyulaw.bsky.social event this week by @nyuengelberg.org, NYU More-Than-Human Life (MOTH) Program, and more on “Living Data, Living Lands” and indigenous data sovereignty featuring Jane Anderson and others nyunews.com/news/2026/09...
nyunews.com
Researchers talk Indigenous control over AI system at NYU Law event - Washington Square News
Nine experts advocated for Indigenous communities to maintain control of data about their land and culture at a Tuesday night event in Vanderbilt Hall.   The event, titled “Living Data, Living Lands,”...
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Jeanne Fromer @jeannefromer.bsky.social · 15/09/2026
Exciting Corpus launch from @nyuengelberg.org today to aid your AI-assisted research, featuring our scholarship, including by me, @cjsprigman.bsky.social, @cmorten.bsky.social, Rochelle Dreyfuss, Barton Beebe, Scott Hemphill, Kathy Strandburg, Jason Schultz, @michaelweinberg.org, & more
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Jeanne Fromer @jeannefromer.bsky.social · 19/08/2026
AI might be useful for examiners with regard to image marks in particular ways. When Google applied to register its Android logo, shown here, the PTO assigned it the following (less than obvious) Design Search Code: "Other mechanical appliances for industry, including door closers" 1/
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Jeanne Fromer @jeannefromer.bsky.social · 19/08/2026
How incomplete the PTO's assessment of distinctiveness is for image marks: By computing the product of ITC and ITM, we can construct a rough ranking of how much the mark image corresponds with a description of the goods or services with which that mark is associated. 1/
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Jeanne Fromer @jeannefromer.bsky.social · 18/08/2026
To help assess Abercrombie distinctiveness of image marks, we can also use image-to-text matching (ITM), which measures how closely text corresponds to a given image. These figures show phrases sorted by their ITM score relative to a given image.
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Jeanne Fromer @jeannefromer.bsky.social · 18/08/2026
We can use our AI BLIP model to assess Abercrombie distinctiveness of image marks. First, we can use image-to-text correspondence (ITC) to measure how closely an image matches the textual description of goods/services.
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Jeanne Fromer @jeannefromer.bsky.social · 18/08/2026
Our data show how incompletely examiners assess distinctiveness for image marks. As an initial matter, we see a dearth of refusals for lack of distinctiveness under § 2(e) for image-only marks, which we can understand at least 2 ways:
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Jeanne Fromer @jeannefromer.bsky.social · 18/08/2026
These data suggest that for a meaningful portion of 2(d) refusals, the PTO granted registrations for several marks that are in the same class as the cited mark & are more similar to that mark in the same way as the refused mark. Revealing how inconsistently PTO is assessing similarity of image marks
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Jeanne Fromer @jeannefromer.bsky.social · 17/08/2026
Using the BLIP model, we show that trademark examiners are inconsistent in their assessment of similarity of image marks. 1/
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Jeanne Fromer @jeannefromer.bsky.social · 17/08/2026
What appears to drive § 2(d) refusals (for confusing similarity) at the PTO is textual rather than visual similarity. The figure shows that applied-for marks consisting only of images enjoyed low 2(d) refusal rates, while those image marks containing text had substantially higher 2(d) refusal rates.
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Jeanne Fromer @jeannefromer.bsky.social · 17/08/2026
A Bootstrapped Language-Image Pretraining model comports more closely w/our qualitative intuition that images of Tony the Tiger are more similar to each other than to another cartoon tiger (Exxon) & are fairly dissimilar to the Cheez-It logo (which is very different than pixel difference measures).
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Brian Leiter @brianleiter.bsky.social · 16/08/2026
Terrible loss. leiterreports.com/2026/08/16/i...
leiterreports.com
In Memoriam: Randal C. Picker (1959-2026)
I’m very sorry to have to report the sudden death yesterday of my esteemed colleague Randy Picker, who was well-known for his work on antitrust and intellectual property, among other topics. …
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Jeanne Fromer @jeannefromer.bsky.social · 14/08/2026
We can use the various features of an image to develop a spatial model of similarity, as in this collection of of images of colorful, regular shapes.
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Jeanne Fromer @jeannefromer.bsky.social · 14/08/2026
Computer science has developed algorithms that compare images across multiple dimensions. E.g., if expression is a salient detail, a computer might consider the vertical pairs in the figure equivalent. But if the character is what matters, it would instead consider the horizontal rows equivalent.
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Jeanne Fromer @jeannefromer.bsky.social · 14/08/2026
Marketing has more robust view of images: both appearance & meaning are crucial; businesses pick image highlighting story business wants to convey: Apple(science,wisdom),McDonald's(M+welcome), Nike(athleticism,speed); businesses might choose mark—even similar 2 existing ones—bc informative&appealing
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Jeanne Fromer @jeannefromer.bsky.social · 14/08/2026
Finally, as trademark's view of the image, it assumes an infinite supply of protectable “image synonyms," images that convey the same meaning w/ somewhat different appearances. Consider the rug marks already posted & also these doves for apparel products & these bulldog faces for college athletics
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Jeanne Fromer @jeannefromer.bsky.social · 14/08/2026
In contrast to approach to similarity, trademark law (PTO & many courts) tends to focus on a mark's appearance rather than its meaning by applying the Seabrook test over Abercrombie. That means that these rug marks shown here never get queried for being generic or descriptive a la Abercrombie.
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Jeanne Fromer @jeannefromer.bsky.social · 13/08/2026
The PTO prioritizes image meaning over appearance for similarity in examination due to its Design Search Code scheme that groups together images that may be similar in meaning as translated into words but dissimilar in appearance as suggested by some of the scheme's subcategories for men shown here
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Jeanne Fromer @jeannefromer.bsky.social · 13/08/2026
The traditional view in trademark has been that images shouldn't be analyzed. In assessing similarity, judges refer to reaching a conclusion based on "a subjective eyeball reaction." Compare the 2 oil filter marks found to be highly similar w/the 2 farmer boy marks found to be sufficiently different
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Jeanne Fromer @jeannefromer.bsky.social · 13/08/2026
In the coming days, I want to share some of this paper's findings (with fun images, of course). @bartonbeebe.bsky.social @davidbstein.bsky.social
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Jeanne Fromer @jeannefromer.bsky.social · 12/08/2026
Barton Beebe, Stein, and I have posted a draft of a new paper "Trademark Law's View of the Image: A Computational and Empirical Analysis" papers.ssrn.com/sol3/papers....
papers.ssrn.com
Trademark Law's View of the Image: A Computational and Empirical Analysis
Trademark law maintains a remarkably primitive, incoherent, and unexamined approach to images, even as the number and importance of image marks has grown dramat
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Jeanne Fromer @jeannefromer.bsky.social · 07/08/2026
Excited to be at Stanford for the Intellectual Property Scholars Conference, where I presented new work with Xiyin Tang on “Mass Copyright” and @jnvictor.bsky.social presented our new project on “Is Copyright a Noun or a Verb?”
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Jeanne Fromer @jeannefromer.bsky.social · 23/07/2026
Chris Sprigman @cjsprigman.bsky.social and I are pleased to announce the release of Copyright Law: Cases and Materials v8.0, our freely-licensed copyright textbook, which has been adopted at over 110 schools (that we know of) so far. You can download it for free at www.copyrightbook.org.
copyrightbook.org
Copyright Law: Cases and Materials
Authored by Profs. Jeanne C. Fromer and Christopher Jon Sprigman (both of NYU School of Law).
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Jeanne Fromer @jeannefromer.bsky.social · 10/07/2026
On July 22, please join @nyulaw.bsky.social Women Leaders in Cybersecurity for a webinar feat. Judith Germano, Lisa Boykin, & me on "Deepfakes: Protecting Your Personal Brand in the AI Age." Event details @ www.womenleadersincybersecurity.org/wlc-2025-202.... Register @ nyu.zoom.us/webinar/regi...
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Jeanne Fromer @jeannefromer.bsky.social · 01/07/2026
Check out this interesting Lawfare piece by recent @nyulaw.bsky.social grad & Furman Scholar Micah Musser on AI regulation & the Takings Clause. IP prof friends, Micah plans to present a larger academic project on "Taking Intellectual Property" @ IPSC this August www.lawfaremedia.org/article/ai-r...
lawfaremedia.org
AI Regulation and the Looming Problem of the Takings Clause
Regulations that force developers to disclose trade secrets to the public could violate the Constitution. How can regulators respond?
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Phil Malone @prmalone.bsky.social · 23/06/2026
Thanks to @jeannefromer.bsky.social and @marklemley.bsky.social for working with my awesome @juelsgaardclinic.bsky.social students and me to try to solve the recent recruiting "race to the bottom" that harms law students, law firms, and law schools alike. It's time for reform.
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Jeanne Fromer @jeannefromer.bsky.social · 23/06/2026
“We propose that state supreme courts amend their rules of professional conduct to impose a uniform ‘hold open’ date for offers until Oct. 1 of students’ 2L year for 2L summer positions.” @marklemley.bsky.social & I have an op-ed in Bloomberg on early recruiting news.bloomberglaw.com/us-law-week/...
news.bloomberglaw.com
State Supreme Courts Can Resolve Early Legal Recruiting Mess
Opinion: Imposing a uniform "hold open" date for job offers to law students would likely put much-needed brakes on accelerated recruiting.
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Jeanne Fromer @jeannefromer.bsky.social · 16/06/2026
What a fun trip to Louisville to take part in the 50th Copyright Society Annual Meeting, where I became a Copyright Society Trustee and did a fireside chat with Bob Brauneis on “The Lessons of Copyright Revision 50 Years On” ©️
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Jeanne Fromer @jeannefromer.bsky.social · 05/06/2026
New on-brand office artwork ™️📜🖼️ @nyulaw.bsky.social @nyuengelberg.org
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NYU Law @nyulaw.bsky.social · 28/05/2026
Congratulations to @jeannefromer.bsky.social, who will receive Barnard College's Award for Distinction for alumnae. Fromer was honored both for her excellence in personifying the ideals of a liberal arts education, and for her widely influential work in intellectual property law.
Faculty Honors
Jeanne Fromer, Vice Dean, University Partnerships and Walter J. Derenberg Professor of Intellectual Property Law, will receive Barnard College's Award for Distinction for alumnae personifying ideals of a liberal arts education and professional achievement.
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Jeanne Fromer @jeannefromer.bsky.social · 25/05/2026
Ugh. New evidence that LLMs' sycophancy is degrading humanity news.stanford.edu/stories/2026...
news.stanford.edu
AI overly affirms users asking for personal advice
Not only are AIs far more agreeable than humans when advising on interpersonal matters, but users also prefer the sycophantic models.
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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 17/05/2026
Design patent rejections are skyrocketing. Our latest analysis shows §102 rejections have jumped sevenfold since 2008, with Amazon listings now dominating as prior art. Read how e-commerce is reshaping design patent prosecution on Patently-O.
patentlyo.com
Amazon as Prior Art: The Rise in Design Patent §102 Rejections
Design patent §102 anticipation rejections have risen sevenfold since 2008, driven almost entirely by Amazon and e-commerce listings replacing patents as the dominant source of prior art.
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Jeanne Fromer @jeannefromer.bsky.social · 08/05/2026
I'm so grateful to Troy for his excellent moral leadership over the past few years!
law.nyu.edu
Dean Troy McKenzie announces that he will step down in 2027
Dean Troy McKenzie ’00 announced today that he will step down from his post at the helm of NYU Law in 2027.
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Chris Morten @cmorten.bsky.social · 05/05/2026
Upcoming event with @nyuengelberg.org! Community Forum on HIV Care & Prevention with candidates for NY12! Join me, @prep4allnow.bsky.social's Jeremiah Johnson & candidates for a conversation on protecting and expanding PrEP access and strengthening HIV infrastructure. Thursday May 14 10 am-noon!
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Jeanne Fromer @jeannefromer.bsky.social · 06/05/2026
Thanks to @hls.harvard.edu Harvard Law Bulletin for coverage of my new book “Fashion and Intellectual Property” with David Tan & Dev Gangjee, alongside new books by fellow Harvard Law alums Michelle Obama, Imani Perry, Tim Wu, Justin Driver, Edward Larson, &Josh Blank hls.harvard.edu/today/hls-au...
hls.harvard.edu
HLS Authors: Spring 2026 - Harvard Law School
Alumni titles from "Declaring Independence" to "Fashion and Intellectual Property."
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Jeanne Fromer @jeannefromer.bsky.social · 05/05/2026
I’m grateful to have served as faculty on FASPE (Fellowships at Auschwitz for the Study of Professional Ethics)’s 2026 Ethics Abroad Travel Program to Berlin and Poland www.faspe-ethics.org/ethics-abroa...
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Jeanne Fromer @jeannefromer.bsky.social · 24/04/2026
@markpmckenna.bsky.social and I have an opinion essay in Communications of the ACM on "Amazon's Quiet Overhaul of the Trademark System." Glad to distill and frame our work for computer science professionals. Thanks to @jtlg.bsky.social for providing the opportunity! dl.acm.org/doi/10.1145/...
dl.acm.org
Amazon’s Quiet Overhaul of the Trademark System | Communications of the ACM
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Jeanne Fromer @jeannefromer.bsky.social · 13/04/2026
Please wear “a yellow and green dragon suit with a blue cummerbund”—and not “pink formal dress ‘tails’ with knicker trousers” and “a typical diplomat’s sash”—in his honor
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Jeanne Fromer @jeannefromer.bsky.social · 13/04/2026
Wonderful to give a faculty workshop today at Cornell Law School on trademark law, images, and AI 🐻❤️™️ @cornelllaw.bsky.social
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Jeanne Fromer @jeannefromer.bsky.social · 12/04/2026
Washington Square News interview with me about NYU Law and fashion law nyunews.com/culture/bsty... @nyulaw.bsky.social
nyunews.com
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Jeanne Fromer @jeannefromer.bsky.social · 10/04/2026
I'm delighted that my article "First Ideas" is now published in the Georgetown Law Journal @georgetownlaw.bsky.social www.law.georgetown.edu/georgetown-l...
law.georgetown.edu
First Ideas
We live in a world obsessed with firsts, in terms of accomplishments, creations, races, and milestones. At the same time, societal understandings of “first” can obscure others who in fact came beforehand. This Article is about understanding the hold that the idea of “first” has over intellectual property laws and how this hold can make the allocation of intellectual property rights less effective. It locates the roots of “first” as a basis to allocate rights in traditional property law. It then sets out four values that a rule of first possession can be seen to promote when it is transplanted to intellectual property: fairness, order, societal benefits, and rhetorical power.
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Jeanne Fromer @jeannefromer.bsky.social · 07/04/2026
Interesting data from @denniscrouch.bsky.social shedding light on gender and ethnicity of U.S. patent inventors patentlyo.com/patent/2026/...
patentlyo.com
Most Common First Names of inventors on US Patents
Gif showing most common US patent inventor names 1910-2026. We know that in the US women have a lower rate of patenting. In addition though, parents are much more conservative in terms of male names.
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Jeanne Fromer @jeannefromer.bsky.social · 22/03/2026
Trademark folks should do the New York Times Strands puzzle today Strands #749 “Trademarked no more” 🔵🔵🔵🟡🔵🔵 www.nytimes.com/games/strands
nytimes.com
Play Strands, our newest word-search game with a twist.
Find hidden words and uncover the day’s theme.
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Jeanne Fromer @jeannefromer.bsky.social · 17/03/2026
David Tan (NUS) launched our "Fashion and Intellectual Property" book (with Dev Gangjee (Oxford)) at the National Museum of Singapore with a talk and a donation of 82 designer jackets (valued at over $350K) to the museum law.nus.edu.sg/ewbclb/media...
law.nus.edu.sg
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Orin Kerr @orinkerr.bsky.social · 12/03/2026
You may have noticed that when you ask an AI chatbot to evaluate ideas, it often starts with enthusiasm. And when you criticize its enthusiasm, it drops the enthusiasm. I asked Claude (Sonnet 4.6 extended) why it did this, and it had this reply—not news, but worth emphasizing.
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Jimmy Hoover @jimmyhoover.bsky.social · 10/03/2026
SCOOP: Federal judiciary approves new Supreme Court defender office to help represent indigent defendants at #SCOTUS. Its full-time director will serve as a counterweight to the U.S. solicitor general in federal criminal cases. The first will be former Kagan clerk and SG atty Ashley Robertson.
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Jeanne Fromer @jeannefromer.bsky.social · 09/03/2026
I've just posted a draft of my new article on "Trade Secret Societies," which is forthcoming in the UCLA Law Review @uclalawreview.bsky.social papers.ssrn.com/sol3/papers....
papers.ssrn.com
Trade Secret Societies
Trade secret law is premised on secrecy, though it has not yet contended with the individual and social effects of keeping and leaking secrets in the psychologi
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