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9 Jun 2016, 2:01 pm
Dinwoodie: what the courts in UK have said about limping marks would invalidate a lot of marks. [read post]
9 Jun 2016, 12:13 pm
Introduction: Mark McKenna: Options: Utility patent, design patent, copyright (Varsity Brands may indicate more protection for design than others thought). [read post]
9 Jun 2016, 9:40 am
We have no idea how to apply these rules w/r/t shape marks. [read post]
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]
7 Jun 2016, 5:14 am
This case is paradigmatic of a project Mark McKenna and I are working on, which analyzes trademarks in the context of digital goods. [read post]
31 May 2016, 6:45 am
Mark McKenna just filed this brief on behalf of law professors, including me, supporting a simple resolution of Tobinick v. [read post]
20 May 2016, 12:25 pm
McKenna: but contrast it with the parts of the decision where they talk about TM law. [read post]
20 May 2016, 10:07 am
Klass: if the law feels comfortable marking out statements that cause false beliefs as illegal, that presupposes a highly cognitive liberal subject. [read post]
20 May 2016, 8:40 am
Deception RoundtableNotre Dame Law School, Chicago Session 1 – Advertising and TrademarkDiscussion Leaders: Bill McGeveran, Mark McKenna, Zahr Said Mark McKenna: deception comes up in many fields, but people aren’t talking to each other/citing each other across legal fields. [read post]
1 Apr 2016, 6:00 am
by Hans Christensen, Eric Floyd, Lisa Liu and Mark Maffett in the CLS Blue Sky Blog Regulators seem to think so. [read post]
25 Mar 2016, 5:17 am
” [Mark McKenna will be pleased. [read post]
23 Mar 2016, 2:35 pm
Rev. 549 (2008) 7 162 McKenna, Mark P. [read post]
3 Mar 2016, 9:12 am
” Initially, the dissent emphasized the “increasingly limited scope” of unclean hands in trademark infringement suits (as Mark McKenna might say, tracking the shift from a business to a consumer protection focus of the overall cause of action, given the dissent’s concession that unclean hands is an “established defense”). [read post]
19 Feb 2016, 4:08 pm
Mark McKenna: Who counts as a user? [read post]
19 Feb 2016, 2:50 pm
[I like the concept of limping marks for this goal of limiting TMs—Mark McKenna pointed out that Kit Kat shape in Europe is an example of this issue—although it could in theory be distinctive, in practice it’s always accompanied by other marks that do a better job of distinguishing the goods.] [read post]
19 Feb 2016, 11:57 am
Mark McKenna: are things getting mashed together in using movie posters? [read post]
28 Jan 2016, 11:12 am
The group is tweeting @DataPrivacyDay.Several U.S. agencies are marking Data Privacy Day 2016, including the Department of Homeland Security, the Department of Energy. [read post]
19 Jan 2016, 8:20 am
Law Professor Brief: [SamsungLemley] In a petition primarily drafted by Professors Mark Lemley and Mark McKenna, and filed by Lemley, a group of 37 law professors strongly support Samsung’s position that design patent rights should be severely limited. [read post]
11 Jan 2016, 5:00 am
Lemley, Stanford Law School: co-authored paper with Mark McKenna. [read post]
2 Dec 2015, 5:32 am
Mark McKenna (and I) filed an amicus brief on behalf of IP professors in another karaoke case, dealing with alleged infringement that consisted of displaying karaoke lyrics using unauthorized copies of the karaoke tracks, based on alleged trade dress in the audiovisual display/the use of plaintiff's mark in the tracks.http://tushnet.blogspot.com/feeds/posts/default? [read post]
