Alexandra Jane Roberts
Professor of Law and Media
Education
Dartmouth College, AB 2002
Stanford University, AM 2003
Yale Law School, JD 2008
Stanford University, AM 2003
Yale Law School, JD 2008
Bio
Professor Roberts holds a joint appointment with the School of Law and the Department of Music within the College of Arts, Media and Design (CAMD) at Northeastern University. She is a leading authority on intellectual property and social media. Her research focuses on federal trademark and false advertising law, particularly in cyberspace. She has written on influencer marketing; trademark use on social media; hashtags as trademarks; and trademark law’s failure to function doctrine. She also writes on law and literature. In early 2023, she was awarded the International Trademark Association’s Ladas Memorial Award in the professional category for her article, “A Poetics of Trademark Law,” in the Berkeley Technology Law Journal.
Professor Roberts joined Northeastern in 2022 from the University of New Hampshire Franklin Pierce School of Law (UNH Law). She previously served as executive director of the Franklin Pierce Center for Intellectual Property. She also served as a visiting assistant professor at Boston University School of Law and as an associate with Ropes & Gray.
She holds a JD from the Yale Law School, an AM from Stanford University and an AB from Dartmouth College.
Fields of Expertise
- Advertising Law
- Contracts
- Entertainment Law
- Intellectual Property
- Law and Literature
- Trademarks
Selected Works
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- “Multi-level Lies,” (work in progress).
- “A Poetics of Trademark Law,” 38 Berkeley Technology Law Review 51 (2023).
- “Getting a Handle on Handles,” 66 Communications of the ACM 28 (January 2023).
- “Mark Talk,” 39 Cardozo Arts & Entertainment Law Journal 1001 (2021), symposium issue “Diamond Anniversary: 75 years of the Lanham Act” (with transcript of symposium remarks).
- “False Influencing,” 109 Georgetown Law Review 81 (2020).
- “Trademark Failure to Function,” 103 Iowa Law Review 1977 (2019),
- “Tagmarks,” 105 California Law Review 599 (2017).
- “How to Do Things with Word Marks: A Speech-Act Theory of Distinctiveness,” 65 Alabama Law Review 1035 (2014).
- “Goodwill U: School Name Change & Trademark Law,” 4 IP Theory 129 (2013).
- “Constructing a Canon of Law-Related Poetry,” David Kader and Michael Stanford eds., Poetry of the Law: From Chaucer to the Present, ” 90 Texas Law Review 1507 (2012).
- “On Narcissism,” 2 Journal of Law: Periodical Laboratory of Legal Scholarship 501 (2012)
- “What’s in a Domain Name? Nominative Fair Use Online in Toyota v. Tabari,” 100 Trademark Reporter 1290 (Nov/Dec. 2010) (co-author).
- “New-School Trademark Dilution: Famous Among the Juvenile Consuming Public,” 49 IDEA 579 (2009), reprinted in 100 Trademark Reporter 1021 (May/June 2010).
- “Everything New Is Old Again: Brain Fingerprinting & Analogical Reasoning,” 9 Yale Journal of Law & Technology 234 (2007).
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- “Deceptively Misdescriptive Mark.” In Elgar Encyclopedia of Intellectual Property Law (forthcoming 2024).
- “Oppressive & Empowering #Tagmarks.” In Feminist Cyberlaw (forthcoming).
- “Athlete Trademarks: Names, Nicknames, & Catchphrases,” in The Oxford Handbook of American Sports Law (Oxford University Press, 2018).
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- “Glorb Is Hitting It Big With AI-Generated Spongebob Raps. But Is It Legal Under Copyright Law?,” Northeastern Global News (April 9, 2024).
- “The Willy Wonka Experience’s Generative AI Debacle Is Just the Start of Our Nightmarish New Advertising Reality,” Fast Company (March 1, 2024).
- “Kanye West Risked Losing Billions With the Thought of a 30-Day Break From Adidas,” Netflix Junkie (February 27, 2024).
- “Swift Justice: Students Learn About the Law Through Taylor Swift Cases,” ABA Journal (February 14, 2024).
- “Songs by Taylor Swift, Drake and More Are Starting To Disappear From TikTok. Here’s Why,” Associated Press (February 1, 2024).
- “1 Big Thing: Where Fake News is Ubiquitous,” Axios (January 27, 2024).
- “Is Palworld, the Latest Gaming Sensation, Guilty of Copyright Infringement Against Pokémon? A Legal Expert Weighs In,” Northeastern Global News (January 25, 2024).
- “Mickey Mouse Raises Question: What Is the Difference Between Copyright and Trademark? It’s a ‘Gray’ Area, Expert Says,” Northeastern Global News (January 5, 2024).
- “Ye’s Contract With Adidas Prevented Him From Getting Long-Term Mental Health Treatment,” Fast Company (October 27, 2023).
- “Name-Dropping Government Agencies in Advertising,” JOTWELL (September 20, 2023)
- “Inside the Hidden Economy Driving ‘Ozempic TIKTOK,’ Where Weight Loss Influencers Send Referrals to Telehealth Startups in Exchange for Drug Discounts and Cash,” Fortune (September 19, 2023).
- “NCAA Sends C&D To National Collegiate Pickleball Association Over Trademark Concerns,” Techdirt (September 13, 2023).
- “Nike Sheds Light on First Sale Doctrine in Sneaker “Customizer” Case,” The Fashion Law (September 12, 2023.
- “NCAA Slams College Pickleball League Name in Trademark Dispute,” Sportico (September 11, 2023).
- “Elon Musk's X takes @X Handle from longtime Twitter User,” NBC News (July 26, 2023).
- “The Biggest Trademark Decisions Of 2023: A Midyear Report,” Law360 (July 26, 2023).
- “Can Elon Musk really use that X logo for Twitter?,” The Verge (July 26, 2023).
- “What is the Future of the Birkin Bag After the Death of Jane Birkin? Will Counterfeits Overtake Real Bags?,” Northeastern Global News (July 21, 2023).
- “He’s Tried to ‘Liberate’ Colors for Years. His Latest: The ‘Barbiest Pink,’” The Washington Post (July 20, 2023).
- “5 Sports & Betting Cases To Watch In The 2nd Half Of 2023,” Law360 (July 5, 2023).
- “Off-White Lands U.S. Registration for “FOR WALKING” Trademark,” The Fashion Law (June 12, 2023).
- “US Supreme Court’s Dog Toy Ruling Puts Parody Products on Notice,” Reuters (June 12, 2023).
- “Jack Daniel’s High Court Win Leaves Trademark ‘Rogers Test’ Hazy,” Bloomberg Law (June 9, 2023).
- “High Court’s Bad Spaniels Ruling Offers Warning to Creators in Commercial Space,” National Law Journal (June 8, 2023).
- “‘Cancel Culture,’ AI and Spongebob: This Entertainment Law Class Is Built for the Social Media Age,” Northeastern Global News (June 1, 2023).
- “Commanders’ Trademark Drive Stalled by U.S. Patent Office,” Sportico (May 24, 2023).
- “Taco Bell's Ads Spice Up 'Taco Tuesday' TM Spat,” Law360 (May 23, 2023).
- “9th Circuit Hears Sushi Spat Amid Apparent Rise in Food & Drink False Ad Litigation,” National Law Journal (May 12, 2023).
- “What the Landmark ‘Fitfluencer’ Trial Settlement Means for Online Workout Programs and Their Influencer Founders,” Well + Good (May 10, 2023).
- “PLL and Youth Lacrosse Program Battle Over Trademarks and ‘Chaos’,” Sportico (May 10, 2023).
- “What the Landmark ‘Fitfluencer’ Trial Settlement Means for Online Workout Programs and Their Influencer Founders,” Well & Good (May 10, 2023).
- “OMG Girlz Case Sidesteps Cultural Appropriation’s Day in Court,” Bloomberg Law (May 9, 2023).
- “Elon Musk Changes Twitter Blue Checkmark Labels to Reduce Humiliation,” Gizmodo (May 3, 2023).
- “Surprise Twitter Checkmarks Open Complicated Path to Liability,” Bloomberg Law (April 28, 2023).
- Podcast: “MC Weekly Update: Elon Musk Jd Program False Advertising Unit,” Moderated Content (April 24, 2023).
- “Twitter’s Verification Fiasco May End in Court,” Wired (April 26, 2023).
- “Elon’s Blue Check Disaster Is Getting Worse,” Vox (April 25, 2023).
- “These Celebrities ‘Subscribed to Twitter Blue.’ Except They’re Dead,” The Washington Post (April 23, 2023).
- “Supreme Court Case Could Be the End of Parody Products, Northeastern Expert Says,” Northeastern Global News (April 11, 2023).
- “Roberts Wins International Trademark Association’s Ladas Memorial Award,” Northeastern Law News Announcement (March 27, 2023).
- “MLB Dropping ‘Boston’ Trademark Application It Had Filed on Behalf of Red Sox,” The Boston Globe (March 24, 2023).
- “Red Sox Seek ‘Boston’ Trademark To Control City Name in Sports Sales,” Sportico (March 22, 2023).
- “New FTC Order Pressures Tech Platforms Over Fraudulent Ads,” The Wall Street Journal (March 21, 2023).
- “A Boneless-wing Lawsuit Ruffles Feathers of Chicken Devotees,” The Wall Street Journal (March 19, 2023).
- “How a Dubious Parasite Cleanse Keeps Taking Over TikTok,” The Daily Beast (February 24, 2023).
- “It’s Just Another Marketing Scheme. ‘De-influencers’ Tell You What To Buy by Telling You What Not To Buy,” Northeastern Global News (February 15, 2023).
- “More Big Brands Brave the Rocky Terrain of Endorsement Deals With College Athletes,” The Wall Street Journal (March 4, 2023).
- “FTC Bags First Settlement in Probe of ‘Review Hijacking’ in E-commerce,” Corporate Counsel (February 28, 2023).
- “Adidas’ Recent Trial Loss Unlikely To Deter Brand Enforcement,” Bloomberg Law (January 23, 2023).
- “Under Armour Scores Trademark Win Against Women’s Wear Brand,” Sportico (January 18, 2023).
- “How Far Can British Street Artist Banksy Take His Anonymity?,” News@Northeastern (December 2, 2022).
- “Twitter Blue Checks Raise Trademark Risk After Fake Lilly Fiasco,” Bloomberg Law (November 22, 2022).
- “Experts Advise Students to Be Cautious on Twitter,” VOA News (November 19, 2022).
- “Athletes Likely Off the Hook In FTX Mess, But No Guarantee,” Law360 (November 17, 2022).
- “Would Twitter Get Online Publisher Immunity in Fake 'Blue Check' Suits?” Reuters (November 14, 2022).
- “Professor Alexandra Roberts Named Senior Fellow—Trademarks at GMU’s CIP2,” Northeastern Law News Announcement (November 12, 2022).
- “Revisiting the Bounds, Effectiveness of the Morals Clause Amid the Yeezy Fallout,” The Fashion Law (November 3, 2022).
- “Bethenny Frankel Sends TikTok Creator Meredith Lynch a Cease and Desist, Sparking Debate,” Daily Dot (October 13, 2022).
- “TikToker Says Her Video Was Used in Refy Beauty Ad Without Her Permission, Sparking Debate,” Daily Dot (October 7, 2022).
- “After Kim Kardashian’s Sec Settlement, Influencers Working With Brands Could Face More Scrutiny – And Fines,” Digiday (October 4, 2022).
- “Luka Doncic Embroiled in Unusual Trademark Dispute With His Mother,” Sportico (September 13, 2022).
- “Trump’s ‘Truth Social’ Trademark Loss More Detour Than Roadblock,” Bloomberg Law (August 30, 2022).
- “Is That Shirt a Gucci . . . or a Cuggl?,” Fast Company (August 24, 2022).
- “What’s in a Name? If the Name Is Meta, a Lawsuit,” Protocol (August 3, 2022).
- “As Makeup Co., Molly Sims Settle Lawsuit, Uncertainty Over Influencer Liability Remains,” The Fashion Law (August 2, 2022).
- “Why Marc Jacobs and Ohio State Both Fought to Trademark the Word ‘The’,” Fast Company (June 24, 2022).
- “New Guidance Will Boost ‘Generic’ Trademark Denials, Lawyers Say,” Bloomberg Law (June 24, 2022).
- “What Is Luxury Without the Logos?,” The New York Times (June 8, 2022).
- “Sports Teams Love Crypto. What Happens When Their Sponsor Strikes Out,” The Washington Post (May 20, 2022).
- “Meta Faces Lawsuit Over Logo,” Fast Company (May 6, 2022).
- “Inside the Evolution of BuzzFeed’s Creators Program,” Digiday (May 4, 2022).
- “Vulgar Patagonia Replica Can Draw on ‘Chewy Vuiton’ Parody Win,” Bloomberg Law (April 22, 2022).
- Podcast: “Slate Money Does a Deep Dive into the World of Trademarks,” IP Lasagna (February 19, 2022).
- “Trademarks And The City: Peloton Gets Big Branding Lesson,” Law360 (December 14, 2021).
- “Cleveland Guardians Sue Cleveland Guardians for Right to Team Name,” Sportico (October 27, 2021).
- “Influencer Molly Sims Must Face Trademark Claim Over Endorsement,” Media Post (August 10, 2021).
- “What Washington Can Learn From 'Cleveland Guardians' Nickname Goof,” Sports Illustrated (August 4, 2021).
- Podcast: “A Case of Two Guardians,” The Legal Impact (October 30, 2021).
- “As 'Emoji' TM Cases Surge, One Defendant Calls It 'Trolling',” Law360 (September 10, 2021).
Alexandra Jane Roberts
Professor of Law and Media