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Lisa P. Ramsey

@lpramsey.bsky.social
1.8K followers 397 following 406 posts

University of San Diego Law Professor. I teach IP law and write about potential conflicts between trademark laws and free speech rights. Author of “Trademarks and Free Speech: Conflicts and Resolutions” (Cambridge University Press 2026) www.lisapramsey.com

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Reposted by Lisa P. Ramsey
Reuters @reuters.com · 08/10/2026
USA Today sues OpenAI for copyright infringement over AI training reut.rs/4zjUYCt
reut.rs
USA Today sues OpenAI for copyright infringement over AI training
USA Today Co and several newspapers it owns sued OpenAI in Manhattan federal court ​on Thursday for allegedly infringing their copyrights by ‌using their content to train its large language models.
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Lisa P. Ramsey @lpramsey.bsky.social · 23/09/2026
the accused infringer is using this phrase as a trademark for its goods or services, and this use is a false statement (eg a false claim the parties are affiliated or that this use is licensed) or is likely to mislead a reasonable person about the source of the goods, services, or message.
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Lisa P. Ramsey @lpramsey.bsky.social · 23/09/2026
I think “Plot Twist” has substantial inherent value in the book industry, so owners of trademarks that contain this term should only have a narrow scope of rights. That means they can only enforce their trademark rights if the parties’ marks and products are identical or almost identical, . . .
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Lisa P. Ramsey @lpramsey.bsky.social · 23/09/2026
There is a trademark dispute over use of the phrase “Plot Twist" in connection with a book store, podcast about books, and a book festival. Info is here: Two Chicks and a Plot Twist Podcast: www.facebook.com/permalink.ph... The Plot Twist's response: www.facebook.com/615635548336... Thoughts?
facebook.com
Facebook
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Lisa P. Ramsey @lpramsey.bsky.social · 16/09/2026
I highly recommend reading Rebecca Tushnet’s excellent amicus brief in the RiseandShine v. Pepsico lawsuit filed with the U.S. Supreme Court (I am one of the signatories on this brief) - a link to the amicus brief and summary of the argument is below.
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Reposted by Lisa P. Ramsey
Law360 @law360.bsky.social · 09/09/2026
Buc-ee's is pushing back on allegations of trademark bullying from Teddy's Market in a Georgia federal lawsuit that Buc-ee's filed against the convenience-store rival, asking a judge to throw out six counterclaims challenging its trademark enforcement and registrations.
law360.com
Buc-ee's Says Its TM Suits Aren't A 'Bullying' Campaign - Law360
Travel center chain Buc-ee's is pushing back on allegations of trademark bullying from Teddy's Market in a Georgia federal lawsuit that Buc-ee's filed against the convenience store rival, asking a judge to throw out six counterclaims challenging its trademark enforcement and registrations.
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Lisa P. Ramsey @lpramsey.bsky.social · 07/09/2026
Please join me and experts from Australia and Europe for an interesting conversation about trademarks and freedom of expression on Wed., Sept. 16 at 6 am PT/9am ET on Zoom (or in person if you will be in Amsterdam). www.ivir.nl/events/conve...
ivir.nl
Australia–EU–US Conversation on Trademarks and Freedom of Expression - IVIR
Date: Wednesday, 16 September 2026Time: 15:00–16:00 CETLocation:– Institute for Information Law (IViR), University of Amsterdam – Room A5.24– Online via Zoom.See also the flyer. The relationship betwe...
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Lisa P. Ramsey @lpramsey.bsky.social · 07/09/2026
Etsy seller's 'bruh' T-shirts were removed over a trademark complaint. He says it's trademark squatting www.cbc.ca/news/busines...
cbc.ca
Etsy removed seller's 'bruh' T-shirts after a trademark complaint. He says it's trademark squatting | CBC News
An Etsy seller says the online retailer removed his listings for T-shirts with the word "bruh" after the person who holds a Canadian trademark for it complained. One legal expert worries that the cost...
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Lisa P. Ramsey @lpramsey.bsky.social · 04/09/2026
I was honored to be invited to give the keynote presentation - "First Amendment Limits on Trademark Rights" - at this SFIPLA Annual Seminar on October 1. Please join us for an amazing lineup of speakers on various IP law topics. sfipla.com/sfipla-event...
sfipla.com
Annual Seminar - SFIPLA
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Lisa P. Ramsey @lpramsey.bsky.social · 04/09/2026
(1) X Corp blocks social media startup from using 'Twitter' name - www.reuters.com/legal/litiga... (2) Operation Bluebird Renames TWITTER.NOW Platform to TWEET.APP - finance.yahoo.com/media-advert...
reuters.com
X Corp blocks social media startup from using 'Twitter' name
Elon Musk's X Corp convinced a Delaware federal judge on Thursday to preliminarily block social media startup ​Operation Bluebird from using the Twitter name and other Twitter-related marks for ‌its p...
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Lisa P. Ramsey @lpramsey.bsky.social · 27/08/2026
Information about my Trademarks and Free Speech book that I discuss in this podcast is available on my website: www.lisapramsey.com/trademarks-a.... Also you can download a free version of the introduction and chapter 1 from SSRN here: papers.ssrn.com/sol3/papers....
lisapramsey.com
Professor Lisa P. Ramsey - Trademarks and Free Speech book
Table of Contents Introduction 1. Trademarks with Substantial Inherent Value 2. When Do Trademark and Free Speech Rights Conflict? 3. A Free Speech Framework for Trademark Law 4. Trademark Registratio...
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Lisa P. Ramsey @lpramsey.bsky.social · 27/08/2026
I talk about how Buc-ee's trademark lawsuits and cease and desist letters harm fair competition and free expression in @brianlfrye's excellent Ipse Dixit podcast: shows.acast.com/ipse-dixit/e...
shows.acast.com
Lisa Ramsey on Trademarks & Free Speech | Ipse Dixit
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Lisa P. Ramsey @lpramsey.bsky.social · 27/08/2026
For more info about Buc-ee's overreaching trademark enforcement, see these clips from Last Week Tonight with John Oliver (1) youtube.com/shorts/J6Ozx... and (2) youtu.be/CC-23tVxvNw?... See also this Law360 article by Ivan Moreno that quotes me: www.law360.com/articles/250...
youtube.com
Buc-ee's #lastweektonight
YouTube video by LastWeekTonight
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Lisa P. Ramsey @lpramsey.bsky.social · 27/08/2026
"Buc-ee’s currently faces a growing PR headache over trademark lawsuits, including a fight with a small Ohio corner store that has sparked calls for boycotts, fundraising and beaver-themed logos in solidarity." www.aol.com/articles/buc...
aol.com
Buc-ee’s CEO says ‘conservative’ states will get stores — and there are three requirements any location must meet - AOL
Texas-based Buc-ee’s now operates in at least a dozen states, which are primarily Republican-leaning or conservative
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Lisa P. Ramsey @lpramsey.bsky.social · 22/08/2026
Thanks so much Brian for inviting me to be on your podcast! I had a great time talking with you about trademarks and free speech law.
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Reposted by Lisa P. Ramsey
Brian L. Frye @brianlfrye.bsky.social · 21/08/2026
I just posted @IpseDixitPod #837, featuring @lpramsey.bsky.social discussing her new book "Trademarks and Free Speech: Conflicts and Resolutions" from @universitypress.cambridge.org. shows.acast.com/ipse-dixit/e...
shows.acast.com
Lisa Ramsey on Trademarks & Free Speech | Ipse Dixit
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Lisa P. Ramsey @lpramsey.bsky.social · 22/08/2026
⁦‪⁦‪If you plan to attend the KPBS San Diego book festival this Sat, Aug. 22, drop by the University of San Diego School of Law’s table to say hi. I will be there from 12-2 PM to answer questions about my new book “Trademarks and Free Speech: Conflicts and Resolutions”. www.kpbs.org/sdbookfestival
kpbs.org
KPBS San Diego Book Festival
Let’s bring our community closer together through the shared experience of reading and discussing great books! The inaugural KPBS San Diego Book Festival on the University of San Diego campus is a fre...
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Lisa P. Ramsey @lpramsey.bsky.social · 19/08/2026
Lady Gaga Beats Surf Brand's 'Mayhem' TM Infringement Suit www.law360.com/articles/251...
law360.com
Lady Gaga Beats Surf Brand's 'Mayhem' TM Infringement Suit - Law360
A California federal judge Tuesday granted Lady Gaga's bid to toss a surf and lifestyle brand's lawsuit accusing her of infringing a "Mayhem" mark on her merchandise, saying the brand failed to suffic...
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Reposted by Lisa P. Ramsey
Mark Jaffe, 5 Bridges Law @markjkings.bsky.social · 10/08/2026
There's an interesting copyright/trademark lawsuit over this AI-generated meme called Tung Tung Sahur, and my son insists these companies' CEOs don't talk with their kids because if they did they'd know "nobody cares" about it anymore.
static.klipy.com
Tung Tung Sahur
Alt: Tung Tung Sahur. Sorry I don't know how to describe this.
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Lisa P. Ramsey @lpramsey.bsky.social · 08/08/2026
Highly recommend Kyle Jahner’s article about the recent Jack Daniel’s v. VIP decision (with a quote from me): Jack Daniel’s Dog Toy Tarnishment Ruling Raises Dilution Bar news.bloomberglaw.com/ip-law/jack-...
news.bloomberglaw.com
Jack Daniel’s Dog Toy Tarnishment Ruling Raises Dilution Bar
Jack Daniel’s Properties’ Inc.'s loss in its trademark case over a whiskey-bottle-shaped dog toy with fecal puns set a high new standard for thwarting low-brow trademark imitations.
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Lisa P. Ramsey @lpramsey.bsky.social · 04/08/2026
Jack Daniel’s Trademark Tarnishment Win Reversed on Appeal news.bloomberglaw.com/ip-law/jack-...
news.bloomberglaw.com
Jack Daniel’s Trademark Tarnishment Win Reversed on Appeal
Jack Daniel’s Properties Inc.'s famous trademarks weren’t tarnished by a whiskey bottle-shaped dog toy’s poop puns, the Ninth Circuit ruled.
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Lisa P. Ramsey @lpramsey.bsky.social · 02/08/2026
Oliver is selling the products on a website, so I think the main difference here is the expressive content of the use. My hope is that Oliver’s segment will bring attention to the problem of over enforcement of TM rights - Buc-ees should not try to stop such uses of non-beaver cartoon animal faces!
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Lisa P. Ramsey @lpramsey.bsky.social · 01/08/2026
You can watch part of John Oliver's Last Week Tonight show about Buc-ee's enforcement against companies using logos containing cartoon alligators, teddy bears, and other animals and info about Oliver's sale of "Buc-off" merch (I bought a hat to display in my office) here: youtu.be/J6OzxDLdnZ0?...
youtu.be
Buc-ee's #lastweektonight
YouTube video by LastWeekTonight
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Lisa P. Ramsey @lpramsey.bsky.social · 01/08/2026
Highly recommend this article - Comedian Daring Buc-ee's To Sue Takes Dig At Brand Policing (www.law360.com/articles/250...) - about Buc-ee's aggressive enforcement of trademark rights in its logo (a bucktoothed cartoon beaver wearing a red baseball cap), with a few quotes from me.
law360.com
Comedian Daring Buc-ee's To Sue Takes Dig At Brand Policing - Law360
The string of lawsuits Buc-ee's Ltd. has filed against businesses it says mimic its popular beaver branding has caught the attention of comedian John Oliver, who unveiled a bucktoothed "Buc-Off" masco...
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Reposted by Lisa P. Ramsey
Techdirt @techdirt.com · 31/07/2026
John Oliver Dares Buc-ee’s To Sue Him Over Trademark Infringement I will admit it's always a special kind of fun when a topic we cover here at Techdirt gets the John Oliver treatment. He and... www.techdirt.com/2026/07/30/john-ol…
techdirt.com
John Oliver Dares Buc-ee’s To Sue Him Over Trademark Infringement
I will admit it's always a special kind of fun when a topic we cover here at Techdirt gets the John Oliver treatment. He and his writing team generally gets things right, which helps. And I'm not saying that Oliver and his crew are definitely Techdirt readers, but, well, hi John and crew! Readers here...
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Reposted by Lisa P. Ramsey
Rebecca Tushnet @rtushnet.bsky.social · 30/07/2026
When A.I. Invaded ‘Heated Rivalry’ Fan Fiction, the Meltdown Was Epic (with some comments from me) www.nytimes.com/2026/07/30/t...
nytimes.com
When A.I. Invaded ‘Heated Rivalry’ Fan Fiction, the Meltdown Was Epic
An anonymous X account posted a detailed breakdown of chatbot text in 38 popular stories inspired by the hockey romance. The fandom spiraled.
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Lisa P. Ramsey @lpramsey.bsky.social · 22/07/2026
Comic-Con agrees to stay in San Diego through 2030 www.sandiegouniontribune.com/2026/07/22/c...
sandiegouniontribune.com
Comic-Con agrees to stay in San Diego through 2030
“(We’re) excited about the future we’re building together,” Mayor Todd Gloria said.
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Lisa P. Ramsey @lpramsey.bsky.social · 21/07/2026
If you will be at Comic-Con this week, please join us Sat. at 10:30 am for our panel on hot topics in IP law. My talk will focus on trademark law (e.g., Patagonia v. Pattie Gonia, the Confessions of a Showgirl/Life of a Showgirl lawsuit against Taylor Swift). comiccon2026.sched.com/event/bc4067...
comiccon2026.sched.com
Comic-Con 2026: Comic Book Law School® 303: Trademark Pa...
View more about this event at Comic-Con 2026
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Reposted by Lisa P. Ramsey
alex roberts @lexlanham.bsky.social · 20/07/2026
federal court finds rebel ice cream infringed & diluted the trade dress for van leeuwen ice cream, enjoining rebel's use of its current packaging & awarding van leeuwen $23.79 million in damages www.bloomberglaw.com/product/blaw...
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Lisa P. Ramsey @lpramsey.bsky.social · 29/06/2026
or this use is likely to mislead a reasonable person about the product's source. I agree with the Second Circuit this mark is an inherently weak mark and believe these types of TM disputes should be dismissed without having to go to trial to better protect free expression and fair competition.
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Lisa P. Ramsey @lpramsey.bsky.social · 29/06/2026
or the trademark owner's rights should be narrow and only apply when the parties' marks and products are identical or almost identical and/or the accused infringer's expression is a false statement about its products (e.g., a false claim the companies have a business relationship) . . .
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Lisa P. Ramsey @lpramsey.bsky.social · 29/06/2026
The word RISE used in connection with coffee or energy drinks is another example of what I refer to as "inherently valuable expression" in my new Trademarks and Free Speech book. These types of words should either not be registered as a marks for these products, . . .
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Lisa P. Ramsey @lpramsey.bsky.social · 29/06/2026
The US Supreme Court will hear a trademark dispute involving the mark RISE for coffee and alleged infringement of that mark by Pepsi's use of MTN DEW RISE as the name of an energy drink. www.reuters.com/world/us-sup...
reuters.com
US Supreme Court takes up Pepsi 'Mtn Dew Rise' trademark dispute
The U.S. Supreme Court agreed on Monday to hear a bid by ​canned-coffee maker Rise Brewing to hold PepsiCo liable for alleged trademark infringement ‌concerning Pepsi's morning energy drink "Mtn Dew R...
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
I 100% agree it is not clear under trademark law which uses of PATTIE GONIA or a similar design are allowed or prohibited under trademark law. The legal analysis may differ depending on the content of the use (only the name or also the similar design), the goods or services, and location of the use.
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
Finally, since Patagonia is a geographic region in South America and the plaintiff's logo features the jagged peaks of the Fitz Roy mountains in Patagonia, this "inherently valuable expression" should only be entitled to a narrow scope of protection. www.lisapramsey.com/trademarks-a...
lisapramsey.com
Professor Lisa P. Ramsey - Trademarks and Free Speech book
Table of Contents Introduction 1. Trademarks with Substantial Inherent Value 2. When Do Trademark and Free Speech Rights Conflict? 3. A Free Speech Framework for Trademark Law 4. Trademark Registratio...
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
It will be interesting to see whether the court concludes that Pattie's social media posts of Pattie wearing or holding products with the modified logo and PATTIE GONIA in the same style qualify as successful parodies of the company's marks, or as nontrademark and/or noncommercial uses of the marks.
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
Pattie only applied to register the phrase PATTIE GONIA as a mark, not the graphic version of the logo, and my understanding is her fans created the products that display a variation of the company's logo with the phrase in the same style as the company's PATAGONIA mark.
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
For more information about the various defensive doctrines in trademark law, see my article with Christine Farley @christinefarley.bsky.social which discusses the Jack Daniel's decision and proposes a new trademark fair use test to replace the Rogers test: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Raising the Threshold for Trademark Infringement to Protect Free Expression
The First Amendment right to free speech limits the scope of rights in trademark law. This Article discusses different types of thresholds in trademark infringe
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
Parody doctrine only applies, however, if Pattie's expression is commenting on the company (not the region). It will be interesting to see whether the court thinks PATTIE GONIA is a successful parody of Patagonia company or whether another trademark defense applies.
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
about the product's source. Moreover, as seen in the Louis Vuitton/Chewy Vuiton dog toy trademark dispute, a court may interpret the standard likelihood of confusion or likelihood of dilution factors in a speech-protective way after it deems the expression to be a successful parody....
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
Pattie says her PATTIE GONIA name refers to the geographic region of Patagonia in South America, not Patagonia the company, and also says that this name is a parody. Per the Supreme Court in Jack Daniel's, a successful parody of a trademark owner is less likely to cause confusion . . .
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
(I complained about this judge-made limitation on the noncommercial use of a mark exemption to dilution liability in a blog post after the Court's decision: blog.ericgoldman.org/archives/202...)
blog.ericgoldman.org
Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post) - Technology & Marketing Law Blog
By Guest Blogger Lisa P. Ramsey [Lisa P. Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Pr...
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
The statutory exclusion for noncommercial use of a mark is not limited to non-trademark uses of the words, but in Jack Daniel's the Court held this defense cannot apply if the words are used as a mark in parody, criticism, or commentary about the trademark owner....
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
works if that party claims trademark rights in the challenged expression. In addition, the statutory exemptions from dilution liability for descriptive fair use and nominative fair use of words or images do not apply to uses of the expression that designate the source of goods or services....
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
"Bad Spaniels" dog chew toy that poked fun at Jack Daniel's marks and trade dress for whisky, an accused infringer cannot invoke the speech-protective Rogers test for infringement applied in disputes involving use of another's mark in the title or content of films, songs, and other expressive...
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
this limits the defensive trademark doctrines she can invoke in this case. (This is also true in the Confessions of a Showgirl/Life of a Showgirl and Vogue/Dogue trademark disputes recently in the news.) Per the Supreme Court's 2023 decision in Jack Daniel's v. VIP Products involving a...
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
entertainment services, clothing, or other products are not likely to dilute the Patagonia company's marks. If the court treats Pattie's application to register PATTIE GONIA for goods and services as an admission she is using the name as a source-identifying mark for her goods or services,...
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
The Court will have to consider this issue if it does not rule in favor of Pattie on another ground, such as a finding that the PATAGONIA mark is not famous (which requires the mark to be widely known by the general consuming public, like the NIKE mark) or that Pattie's uses of PATTIE GONIA for...
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
and is arguing she has a free speech right to use PATTIE GONIA in connection with her goods and services. If this case does not settle, I noted the court might "confront the question of whether trademark dilution law is consistent with the First Amendment."...
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Lisa P. Ramsey @lpramsey.bsky.social · 23/06/2026
Recommend this article by Riya Sharma about the Patagonia/Pattie Gonia trademark dispute with quotes by me. Pattie Gonia included a First Amendment defense among other defenses to infringement and dilution in her answer,... news.bloomberglaw.com/environment-...
news.bloomberglaw.com
Patagonia-Pattie Gonia Fight Tests Trademarks in Influencer Era
Patagonia Inc., the outdoor apparel brand known for its pro-environment stance, is embroiled in a trademark dispute with drag queen and climate activist Pattie Gonia in what could become a PR nightmar...
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