June 26 roundup

  • European authorities may order social media platform to prevent Euro users from seeing allegedly defamatory comments maligning an Austrian politician. Can they also order the comments kept from American users, even if American law would treat them as protected expression? [Scott Shackford, Reason]
  • By 6-3 margin, with three Justices concurring in part and dissenting in part, Supreme Court rules that First Amendment bars rule against registration of “scandalous” trademarks; Cato had submitted a humorous brief [Melissa Quinn, Washington Examiner, Ilya Shapiro, earlier; Iancu v. Brunetti]
  • Mexico files charges of cultural appropriation against Carolina Herrera fashion house over native-inspired designs [Julie Zerbo, Fashion Law, AFP, related earlier on indigenous cultures and intellectual property]
  • Schumpeterian innovation and the campaign to break up Big Tech [Ryan Bourne, Cato, earlier]
  • “Another survey of consumer law professors fails to find any who always reads consumer contracts before signing them” [Jeff Sovern, earlier]
  • Settlement of trademark, copyright claims over Star Control game series specifies that litigants must exchange honey and mead [Lee Hutchinson, ArsTechnica]


  • The reversion to the early custom of the contestants sharing food at the termination of hostilities should be expanded. Imagine how much more smoothly negotiations would go if the sides would smoke a peace pipe while negotiating. Depending, of course, on the substance being smoked.

  • On the Mexico cultural appropriation case: are “inspired by” or similar to other art or designs in clothing or elsewhere has rarely been protectable unless it is a trademark (the Nike swoosh for example or the Target red circle). Attempts to attack other clothing designers for similar patterns have failed repeatedly. This is no different. It would be like saying you can’t use African-style drum beats in your music. Not possible to enforce and crazy too.