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Rachael "Trademark Clippy" Dickson

@tudorsandtms.bsky.social
810 followers 1.2K following 1.4K posts

Be curious, not judgmental. Assistant Prof of Law at Willamette; Former USPTO Trademark Examiner. Researching art law stuff, trademark law stuff, cannabis TMs. She/her. 🏳️‍🌈 🏳️‍⚧️

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Reposted by Rachael "Trademark Clippy" Dickson
Rae Radford @raeradford.bsky.social · 05/10/2026
This has got to be on top of every girl's Christmas Wish List, surely? #BookSky
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Dr. Damien P. Williams, dread portent down from a mountain cave @wolven.blacksky.app · 01/10/2026
Richard Milhouse Nixon not only wasn't convicted of his blatant crimes, he recieved a full presidential pardon, events which set the tone/laid the groundwork for the increasingly naked corruption of American politics in general & the Republican party in particular through the 20th & 21st centuries…
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Paul Voosen @voosen.me · 28/09/2026
New Horizons is now *three days away* from shutting off its two heliophysics instruments, simply because NASA has not provided the $2M in funding it had promised to the mission last year or this year. There is no science basis for shutting these off. Our earlier coverage:
science.org
NASA’s New Horizons mission may shut down two instruments over lack of funding
Decision risks “incalculable loss” of data from the edge of the Sun’s influence, scientists say
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 26/09/2026
Halloween stuff is out now, and although I've resisted buying new stuff for a couple years now, I did have to get this black cat pillow to serve as a cuddly Ziggy Stardust stand in when he's feeling standoffish. Meet Wiggly Spacelint! (Zigs is suspicious)
A black cat shaped pillow An actual black cat stares suspiciously at a black cat pillow as if it is an imposter.
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 25/09/2026
It's possible he missed me when I was at work.
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 23/09/2026
I'm honestly so excited to talk to my IP students about this case tomorrow. They're going to be so appalled.
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Courtney Milan @courtneymilan.com · 22/09/2026
THIS IS THE KIND OF SHIT I WANT MY GOVERNMENT TO DO Hold large corporations accountable. Distribute the proceeds to the workers. Rinse, repeat.
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Sarah Fackrell @design-law.bsky.social · 23/09/2026
"The goal of the Series was to remove competition." Some would say that's the goal of IP. Accordingly, this case raises an interesting question: At what point--if any--does IP assertion become an antitrust problem?
9. Deckers chose this instrument deliberately. Its in-house counsel testified that Deckers
asserted unregistered trade dress rather than its design patents because trade dress “offered a broader
scope of protection” and could “potentially capture more” competing products. Deckers has told its
shareholders that enforcement prevents competitors from selling “products that are similar to and
directly competitive with our products.” Deckers does not license the asserted trade dresses and has
never demanded or received a royalty on them. The goal of the Series was to remove competition.
10. Although Deckers lost every claim it brought against Quince, the litigation had already
served its purpose long before that judgment. Quince withdrew products, altered designs, incurred
defense costs, and missed the peak selling seasons for the products at issue while fighting the lawsuit
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Sarah Fackrell @design-law.bsky.social · 23/09/2026
"Deckers does not need to win these lawsuits. It just needs them to cost more to defend than the accused products are worth."
3. Since at least 2015, the USPTO and defendants in the Series put Deckers on notice that
its broad trade dress claims are without merit. The USPTO warned Deckers that granting it exclusive
rights in the product configuration it claimed “would tilt the competitive field in the direction of the
applicant and stifle competition.” Ex. 19 (Excerpted TSDR File Wrapper for Trademark Application
Serial No. 87310138, Office Action dated Dec. 22, 2017), at 21. Yet 12 years and 176 lawsuits later,
Deckers has not obtained a single favorable merits adjudication of any trade dress claim after a
contested proceeding.
4. This is by design. Deckers does not need to win these lawsuits. It just needs them to cost
more to defend than the accused products are worth. An unregistered product-design trade dress is
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Sarah Fackrell @design-law.bsky.social · 23/09/2026
This is: Last Brand, Inc. v. Deckers Outdoor Corporation, Docket No. 5:26-cv-01540 (N.D. Cal.)
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Sarah Fackrell @design-law.bsky.social · 23/09/2026
Quince has filed an amended complaint in its antitrust case against the maker of UGG boots. "Deckers operates a litigation assembly line....Deckers asserts exclusive rights in unregistered product design trade dress defined by common, ordinary features of sheepskin footwear...."
INTRODUCTION1
1. Last Brand, Inc., d/b/a Quince (“Quince”), competes with Deckers Outdoor Corporation
(“Deckers”), the company behind the UGG® brand. From January 2014 through March 2026, Deckers
brought a series of 176 sham trade dress lawsuits (the “Series”) pursuant to a policy of starting legal
proceedings without regard to the merits and for the specific purpose of injuring market rivals, to block
competitors and maintain its dominance in the United States market for sheepskin- and shearling-lined
casual footwear (“Sheepskin Casual Footwear Market”).
2. Deckers operates a litigation assembly line. Across the Series, Deckers asserts exclusive
rights in unregistered product design trade dress defined by common, ordinary features of sheepskin
footwear such as a suede exterior, a shearling lining, a rounded toe, and a thick sole. Unregistered
product-design trade dress is the weakest form of intellectual property: unlike a registered trade dress
or design patent, it is not presumed valid, and, unlike product packaging, a product design can never be
inherently distinctive. It is also the cheapest to assert, because it requires no registration or examination
by the United States Patent and Trademark Office (“USPTO”).
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 23/09/2026
Happy Bisexual Visibility Week and Happy Celebrate Bisexuality Day, fam.
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The Volatile Mermaid @ohnoshetwitnt.bsky.social · 21/09/2026
From the people who told you that straight white male privilege doesn’t exist…
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Scott Nover @scottnover.bsky.social · 21/09/2026
There will effectively be no TV coverage of Trump's UN visit or other presidential events, though I imagine smaller networks may take the White House's own feed. This is a very big deal and one only possible because of solidarity from the whole pool. www.washingtonpost.com/business/202...
washingtonpost.com
CNN, MS NOW, Politico to sue over White House bans
President Donald Trump banned the news organizations from the White House in recent days, calling them “fake news.”
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Scott Nover @scottnover.bsky.social · 21/09/2026
BREAKING: TV pool will not be providing coverage of presidential events until further notice b/c of CNN's ban, pool chair and FOX News Washington Bureau Chief Bryan Boughton said. It's effectively a boycott by the fellow members — ABC, CBS, NBC and FOX: www.washingtonpost.com/business/202...
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Jeff Cannata @jeffcannata.bsky.social · 21/09/2026
Hey Siri, what is enshitification?
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Micah @rincewind.run · 21/09/2026
congratulations to everyone on reinventing Worse Cable
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 21/09/2026
Ziggy, fluffy parrot to my pirate.
a fluffy black cat sitting with his two arms over a woman's shoulder resting on the arm of a couch. the woman is wearing glasses and has a long fishtail braid hanging over her shoulder.
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 20/09/2026
My childhood churchhad a song book which included the lyrics to drop kick me Jesus. We were SO curious about it but no one knew the song (YouTube didn't exist yet). Eventually, someone found the sheet music and it was so exciting to get to sing it! This was a great reminder of that long ago glee.
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Phil Lewis @phillewis.bsky.social · 19/09/2026
A massive group of demonstrators is currently forming a human chain around the Kennedy Center following Trump’s threats against it
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Courtney Milan @courtneymilan.com · 19/09/2026
But that’s not the case. People set AI up. They are the ones who set harmful things in action. And so they are the ones who should be held responsible.
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Courtney Milan @courtneymilan.com · 19/09/2026
Regulation looks intractable if you’re acting like AI is a bear that acts on its own and that nobody has the right or ability to restrain or control.
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Courtney Milan @courtneymilan.com · 19/09/2026
Your AI hacked other rival groups? Cool, you are legally responsible. Your AI produced CSAM? Cool, you and the person requesting it are legally responsible.
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Courtney Milan @courtneymilan.com · 19/09/2026
This is such a great thread because it tells you instantly how to answer the supposedly intractable regulation problem: liability, potentially joint liability, for the person who set up the AI system.
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 17/09/2026
This meme I made this morning is probably only funny to like 5 millennial Trademark Lawyers, but it's FUNNY TO ME.
The meme shows a boat with the brand BONITO on the side. The meme text above says "do you or do you not feel bonito?" The meme text below says "I feel bonito."
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🎃Darin S Pumpkins🎃 @darinself.com · 16/09/2026
"must move forward" or else the special little boy will have a tantrum.
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Craig Calcaterra @craigcalcaterra.bsky.social · 16/09/2026
Jimmy Carter is orchestrating all of this from Heaven and you know what? Good for him. bsky.app/profile/phil...
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 16/09/2026
I go to a jam night weekly. Each person gets to request a song to sing at the mic and then everyone plays/sings along with it. We throw lyrics with chord letters up on a screen. Last night I requested Ray Charles's I gotta woman, but the app told us "the artist requested we not show this content."
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 16/09/2026
Look at this stuff, isn't it neat? Wouldn't you think my collection's complete? Wouldn't you think I'm a girl, a girl who has everythinggg (Translation: I found the office supplies drawer at school)
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 12/09/2026
I'm currently in NOVA for the wedding of two wonderful theater friends! I'm staying at another friend's house and getting to spend a lot of time with other friend Hannah, dog Ollie, and a wonderful, funny 4-year-old! Here are pics I'm authorized to post. It's been so nice catching up with everyone.
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 10/09/2026
It's always a bit weird when cannibalism comes up in a lecture on Copyright fair use, but, there ya go.
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 10/09/2026
Every year in IP Survey, I tell the story of how my college boyfriend's Flickr upload of photos I took of a rally resulted in my pics getting published on Wikipedia and on a book cover under a CC license. This incident led to me going to law school, becoming a lawyer, and eventually, teaching IP!
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Don Moynihan @donmoyn.bsky.social · 05/09/2026
If you use a wheelchair, are you worried that you might not be able to use a cybercar? No problem. Your first fare includes some sort of miracle cure that allows you to not just walk again but to also store the wheelchair yourself.
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Solomon @solomonrmissouri.com · 06/09/2026
It’s so true
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 05/09/2026
Just realized that I don't know if the magic beans in Jack and the Beanstalk were green beans or more like, a pinto bean situation. I find this strangely troubling. How do you envision magic beans from fairy tales? Are yours green, brown, gold (to signify **magic**)? Inquiring minds NEED TO KNOW.
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Victoria Strauss @victoriastrauss.com · 04/09/2026
New #WriterBeware blog post: The process of resolving disagreements between claimants in the Anthropic copyright settlement has begun, and there are...problems. A look at what's been reported to me, and advice on what to do. Whew. It's been a busy couple of days. writerbeware.blog/2026/09/04/a...
writerbeware.blog
Anthropic Copyright Settlement: Publishers Are Making Incorrect Claims on Authors' Payouts - Writer Beware
This week, many authors who are part of the Anthropic copyright class action settlement began receiving notices like this one: Upon accessing the portal (which doesn’t seem to have a formal name, so I...
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Victoria Strauss @victoriastrauss.com · 05/09/2026
I mean, there's a logic to it, right? Unfair or not. But AFAIK, there's no official information or instruction spelling this out, in the settlement website FAQ or anywhere else. Writers are supposed to, what, just intuit it on their own? Maddening. 3/3
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Victoria Strauss @victoriastrauss.com · 05/09/2026
The settlement cuts off eligibility as of the last date Anthropic downloaded the pirate sets it used for training, which was August 2022. Presumably that's what the phone people meant. So if your reversion happened later than that, this is one reason why your publisher may be claiming 50%. 2/3
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Victoria Strauss @victoriastrauss.com · 05/09/2026
IMPT. UPDATE on Anthropic settlement claims mess re: rights-reverted books. 🧵 Just heard from a writer who called the settlement info line & was told that reversion would have had to happen "in 2022 or earlier" for authors to claim 100%. 1/3
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mcc @dryad.technology · 01/09/2026
This is the single biggest physics discovery of my entire lifetime. Or something's wrong with one of the cables. One of the two
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 27/08/2026
Important news. (I don't even play GTA, I'm simply pro petting more puppers)
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 27/08/2026
Scene: The cats are fed and behaving. I'm set up at my laptop and my remote class is going well. Until, part way through my lecture, right as I ask for student input, my cat starts yelling, like "I HAVE A LOT OF THOUGHTS ON THE UTILITARIAN RATIONALE FOR COPYRIGHT LAW ACTUALLY." ...bro, why??
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Andy Craig @andycraig.bsky.social · 25/08/2026
USPS’s job is to deliver the mail even if some mailed ballots genuinely are fake, illegal, fraudulent, or otherwise invalid. It’s on election administrators to catch and reject those, and they do. USPS has no role in it and the very idea mucks up the systems we actually have for election integrity.
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Parker @jeffparker.bsky.social · 25/08/2026
The charm of human-made art, I always like seeing the Buckman Vet sign.
sign for the Buckman Veterinary Clinic where a cat is checking the heartbeat of a dog with a stethoscope
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 24/08/2026
Anyone else ever come across an old meme they made for a class slide and like. completely forget what led to them making said meme? ...Just me?
A picture of the musician Prince holding a guitar and pointing straight up in the air, with the quote "Dearly beloved, we are gathered here today to get through this thing called trademark" next to him. The word trademark is clearly in a different color and font than the rest of the quote and was just added later by a deranged intellectual property law professor for a joke.
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Kevin Collins @kwcollins.bsky.social · 24/08/2026
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 23/08/2026
IP Practitioner friends - What technological tools do you use most in your current practice? I'm planning on demonstrating several in my classes this semester. I currently have access to TM TKO, Crystal Mark, and am getting access to Patent Bots; what other tools do y'all think I should explore?
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Forbes @forbes.com · 22/08/2026
“Stars And Stripes” played a major role in breaking stories about living conditions aboard the USS Abraham Lincoln earlier this summer.
forbes.com
‘Stars And Stripes’ Editor Says He’s Worried About Military Censorship After Fires Him For ‘Insubordination’
“Stars And Stripes” played a major role in breaking stories about living conditions aboard the USS Abraham Lincoln earlier this summer.
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Aaron Rupar @atrupar.com · 19/08/2026
New in PN: Disney runs out of patience with Brendan Carr’s bullsh*t "For over a year, ABC tried to appease the Trump administration. That era is now over. On Tuesday, ABC, its parent company Disney, and eight ABC-owned stations sued Carr and the FCC for grossly violating the First Amendment."
publicnotice.co
Disney runs out of patience with Brendan Carr’s bullsh*t
Mickey Mouse hits back after a year of fascist harassment.
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Rachael "Trademark Clippy" Dickson @tudorsandtms.bsky.social · 18/08/2026
I'm trying to get more organized this year before school starts next week in a lot of ways. One of my resolutions was to improve my current "print out papers and read them and then keep them in haphazard piles on my office shelves" system.
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