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9 Jun 2016, 7:38 am
Mark McKenna: If you have high functionality threshold, and high secondary meaning standard, and want to carefully confine scope, and we think that very few marks will pass through, isn’t that an extraordinary cost to the system, especially given that many such marks will not, as Bone says, signal hidden features—isn’t that just not worth it? [read post]
22 Aug 2021, 9:01 pm
That study, carried out by Rose Institute of State and Local Government at Claremont McKenna College, confirmed what it called deep and “widespread support for the death penalty. [read post]
15 Apr 2013, 5:40 am
With the publication today of the first issue of the 10th volume of SCRIPTed – A Journal of Law, Technology & Society, we mark 10 9 years of this open access experiment. [read post]
16 Dec 2022, 1:04 pm
Comment: The insurer's attempt is probably to distinguish the trade dress of an advertising format (a fairly natural coverage for advertising injury) from standard trademark infringement, but because--paging Mark McKenna--trademark has become so expansive and mushy, including allowing pretty much anything to be trade dress, and because it's pretty common for ads to depict the underlying product the defendant has to sell, writing that exclusion is very… [read post]
13 Apr 2018, 9:30 pm
"Also in JOTWELL, from the Intellectual Property section, Mark McKenna (University of Notre Dame) praises "The Article of Manufacture in 1877," by Sarah Burstein (University of Oklahoma). [read post]
2 Oct 2015, 1:31 pm
Which goes to Mark McKenna’s concerns about what counts as &co [read post]
28 Feb 2014, 2:48 pm
Advertising: the advertiser can make the mark more/different. [read post]
31 Jul 2020, 12:38 pm
Mark McKenna: really stuck on the label “endorsement” for a dead person. [read post]
20 Nov 2015, 10:03 am
McKenna: at the core, interests of producers and consumers do converge. [read post]
17 Jun 2019, 9:17 am
’ It is enough that the mark in fact ‘refers to a characteristic of the’ product. [read post]
3 Aug 2023, 11:05 am
Mark McKenna: natural to think about goods & services as description of claim in a world where the claim is for a word mark; the boundaries were clearer for Nike. [read post]
1 Apr 2014, 7:54 am
The list of attendees included Mark Lemley, Amy Kapczynski, Yochai Benkler, Lisa Larrimore Ouellette, John Golden, Hannah Wiseman, Rebecca Eisenberg, Michael Abramowicz, Sean Pager, Jessica Silbey, Pam Samuelson, Barton Beebe, Ian Ayres, Brett Frischmann, Mark McKenna, Bryan Choi, Frank Pasquale, Tal Zarsky, Julie Cohen, Margot Kaminski, Michael Burstein, Bhaven Sampat, Brian Wright, Jonathan Masur, Dan Burk, Liza Vertinsky, Roger Ford, Sean O’Connor, Jim Bessen,… [read post]
5 Jul 2022, 7:30 am
Judge Reyna's embrace of the traditional view of territoriality is in accord with the academic literature cited by the court, including Professor Christine Farley's article criticizing the Belmora decision (which may be downloaded here, and an article by Professor Mark McKenna Shelby Niemann article (may be found here). [read post]
14 Feb 2011, 9:18 am
“Three or four years ago, it was very likely the board would not have filed this complaint, and it shows a marked change in direction in how it views social media,” he said. [read post]
8 Apr 2021, 7:45 am
Dan McKenna, Practice Group Leader of Ballard Spahr’s Consumer Financial Services Litigation Group, hosts the conversation, joined by Mark Furletti, Co-Chair of the firm’s Consumer Financial Services Group, and three partners in the firm’s Consumer Financial Services Litigation Group: Stefanie Jackman, Jenny Perkins, and Joel Tasca. [read post]
10 Jun 2016, 9:16 am
McKenna: there’s no good standard even for word marks. [read post]
8 Aug 2013, 3:01 pm
Mark McKenna and Katherine Strandburg, Progress and Competition in Design Commentator: Shubha Ghosh Trying to explain works where function and aesthetics are integrated. [read post]
22 Apr 2011, 9:21 am
Discussion of harms should take place in context of benefits to potential users of marks or marks similar to TMs. [read post]
13 May 2009, 4:12 pm
Alright, let me make this my last graduation-related lead-in for these posts but today marked my last day of school as an undergrad. [read post]
9 Jul 2007, 2:10 pm
Mark McKenna (St. [read post]
