NYU Engelberg Center

Excited to be at NYU-Harvard-Penn 5th Trademark & Unfair Competition Scholarship Roundtable, where I'm commenting on @lexlanham.bsky.social's great new piece on working through failure-to-function doctrine with regard to purportedly incapable matter like FUCK and THINK GREEN @nyuengelberg.org

I have a piece in Science w/ @pamelasamuelson.bsky.social and Abhishek Nagaraj on Market Dilution, Fair Use, and Generative AI. We argue that the market dilution theory of copyright harm from AI training is conceptually undeveloped and empirically unsubstantiated. www.science.org/doi/10.1126/...

New @nyuengelberg.org & @oshwassociation.bsky.social report: State of Open Source Hardware 2026 How is OSHW growing? What countries have the most certifications? Which licenses are H-O-T HOT? All this and more, waiting for you: www.nyuengelberg.org/outputs/stat...

Great writeup from @cosmowenman.bsky.social on his almost 10 year quest to get public access to publicly funded 3D scans of (public domain) Rodin sculptures. It has everything: open access, 3D, FOIA, French administrative law, public domain, & more: cosmowenman.substack.com/p/rodin-muse...

Feel that tingling? That's because the first of these exciting pharma law events is TODAY! "Public Pharma, Public Power: Taking Back Control of the Medicine Supply" At @thenewschool.bsky.social kicks off at 5:30. It is not too late to register: event.newschool.edu/publicpharma...

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...

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

Current Students! Members of the Engelverse! Engelverse Curious Individuals! The Welcome Back HH is Next Week: 9/23 from 5-7pm It is the ONLY HH with a 100% You Will Enjoy Yourself And Meet Interesting People guarantee. www.eventbrite.com/e/engelberg-...

New! From Us! Corpus is a new way to connect your LLM to Engelverse scholarship and research. Connect our MCP server directly with your model to get relevant quotes, context, and pin cites from EC work www.nyuengelberg.org/news/incorpo...

Next week we're co-hosting (w/ @creativecommons.bsky.social & others) OPEN @ UNGA 81: A Conversation on Collaboration, featuring leading voices from across the open ecosystem discussing open source, digital sovereignty, and the open stack. creativecommons.org/event/open-u...

Book Event: Against Tech Oligarchy 9/15 1:30-3 We're hosting Clarissa Redwine & @js-tan.bsky.social to discuss their new book on how tech workers are mobilizing to shape the future of the industry www.eventbrite.com/e/book-event...

🌐 OPEN @ UNGA 81 👥 Leading policy, civil society, & digital rights reps (including Local Contexts Founder Jane Anderson) 📅 21 September 2026, 10am-3pm EDT, @nyuengelberg.org ☑️ Register on @creativecommons.bsky.social: www.creativecommons.org/event/open-unga-81-a-conversation-on-collaboration/

I like this idea from @nyuengelberg.org Co-Director Scott Hemphill - if companies are so confident their merger will increase competition, condition approval on shorting their rivals news.bloomberglaw.com/legal-exchan...

🌿 Living Data, Living Land: More-Than-Human Rights, AI, and Indigenous Data Sovereignty 👥 IDSov convening at #ClimateWeekNYC, hosted by @nyuengelberg.org, NYU Center CIRCL, Indigenous Data Exchange, @nyulaw.bsky.social MOTH, Local Contexts, and Indigenous Data Law Lab at NYU

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/

This is very cool as a project, and also serves as the reference for "what does a top-tier 3D digitization project look like in 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

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).

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...

Huge list of open access wins in this report from @rammuseum.bsky.social 18 months into their new OA program (developed with support from the GLAM-E Lab) www.museumsassociation.org/museums-jour...

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...

“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/...

This is like the text version of @jerthorp.bsky.social & Christo Buschek's Models All The Way Down where they trace the entire aesthetic of AI images back to "a handful of esoteric nerds, and by a 65-year old mechanical engineer living in Southeastern Wisconsin." knowingmachines.org/models-all-t...

New on-brand office artwork ™️📜🖼️ @nyulaw.bsky.social @nyuengelberg.org

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...

The posters are 60" x 30" and are gorgeous. Nothing says "sexy" like a giant visualization of bureaucracy in your bedroom.

In case you missed it, last month I released perhaps my most detailed visualization ever. It's about a strange bureaucratic ritual that plays out every 3 years in the U.S. Copyright Office: www.jerthorp.me/post/the-bur...

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...

Also every time (exploitative) ebook and audiobook licensing comes up, I implore everyone to read this fantastic @nyuengelberg.org white paper: www.nyuengelberg.org/outputs/the-...

CRITICAL 1201 COMMENTER RANKING NEWS!!!! Thx to @chup.blakereid.org feedback the 1201 commenter leaderboard has been updated to include even more comments: 1201.nyuengelberg.org/leaderboard/ ALSO, a 2nd word count-based board has entered the conversation: 1201.nyuengelberg.org/leaderboard/...

Today, Patrick Lin explains how surveillance pricing is making it easier for corporations to exploit consumers, how states are starting to push back against these practices, and why those efforts are running into First Amendment challenges.

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...

NEW REPORT on the 1201(a)(1) process! (you may know it as the cell phone/mcflurry jailbreaking process) Every 3 years almost 100 nonprofits & clinics submit >1000 pages of comments asking for an exemption to a law that is almost never used. For what? www.nyuengelberg.org/outputs/unba...

A double dose of former EC Fellows in the Law360 Article about the implications for the future of DMCA safe harbors post-Cox, with both @jnvictor.bsky.social & Michael Goodyear taking star turns www.law360.com/ip/articles/...

Miss @foxcahn.bsky.social talking to @shiraovide.bsky.social about his new book "Move Slow and Upgrade"? Good news! The podcast of the conversation is now live in the Engelberg Center Live! feed: eclive.engelberg.center

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....

I’m excited to be at WIPIP at @bulaw.bsky.social today, where I’ll be talking about “Trade Secret Societies” (and I plan to be posting the paper draft very shortly)

It's a Vogue eat Dogue world indeed! @airmail.news Air Mail story in which I am quoted discussing a trademark case involving these two magazines airmail.news/issues/2026-...

From @scholasticahq.bsky.social. Fess up, who submitted the 216,621-word article?

Next up is a session on patent law, innovation, and institutions, first with a paper by @danielhemel.bsky.social on "Patent as Promise" about credible commitments in patent law that might come through institutions, ideas, and innovations, with commentary by @mburstein.bsky.social