Trademarks and the First Amendment

In this class, we are going to discuss some commercial speech issues, specifically focusing on where trademark law and the First Amendment come into contact with each other.

Reading:

1. First Amendment Limitations on Trademark Rights
2. Government Regulation Gets the Finger from a Feisty Frog
3. Vanna White v. Samsung Electronics
4. Dissent by Kozinski
5. Bad Frog Brewery, Inc. v. New York State Liquor Authority, 134 F.3d 87 (2d Cir. 1998)
6. Smith v. Wal-Mart Stores, Inc., 537 F. Supp. 2d 1302 (N.D. Ga. 2008)
7. Freecycle Network, Inc. v. Oey , 505 F.3d 898 (9th Cir. 2007) (you have already read this for an earlier class).
8. BidZirk, LLC v. Smith, 35 Media L. Rep. 2478 (D.S.C. 2007).
9. Burnett v. Twentieth Century Fox Film Corp., 491 F. Supp. 2d 962 (C.D. Cal. 2007). (focus on the trademark discussion)