Search for: "Mark McKenna"
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17 Aug 2009, 3:37 pm
This assessment depends on both intent and effect (except as we're about to see there's no real assessment of effect; as Mark McKenna has pointed out, there's a choice here between an infinite regress to confusion analysis and a judicially imposed rule that something is not serving as a mark). [read post]
13 Apr 2018, 10:31 am
The normative concept in McKenna’s Normative Foundation piece is Lockean natural rights. [read post]
23 Apr 2011, 4:49 am
McKenna: it might have been clearer that this is not about consumers, but the interest of mark owners, which might have put people on guard about the expansion of the right. [read post]
16 May 2007, 9:56 am
Hurley Mark R. [read post]
10 Jun 2013, 6:28 am
Mark McKenna will love this: “The Sixth Circuit’s test would lead to the dismissal of these claims without addressing what is beyond doubt the central question in considering consumer confusion: whether consumers were actually confused by the allegedly infringing product. [read post]
1 Jul 2019, 12:13 pm
Photo by Kelly McKenna. [read post]
14 Feb 2019, 4:00 am
McKenna Adjunct, School of Graduate Studies Dalhousie University In CLLR 43:2 The Unfulfilled Promise of Press Freedom in Canada. [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 Aug 2013, 7:13 am
More mildly, she proposes stepped-up distinctiveness requirements for protection of descriptive marks, the adoption of a descriptive fair use defense, and a more limited scope of a mark if it’s descriptive. [read post]
18 Dec 2020, 10:55 am
Trade secrets is covered in chapter 17 by Sharon Sandeen (Mitchell Hamline School of Law), who considers in particular the acquisition by improper means prong of US trade secret law.PART III trade marks, designs and unfair competitionPart III covers trade marks, designs and unfair competition in 5 chapters; including trade mark protection for digital goods by Mark McKenna (University of Notre Dame) and Lucas Osborn (Campbell University), The Uniform… [read post]
29 Sep 2007, 4:44 am
McKenna: There's a bunch of cognitive psych literature that says some marks are just unassailable. [read post]
11 Oct 2014, 9:45 am
Mark McKenna on channeling doctrines.Hunter: why aren’t consumers doing the same sorts of things as the maximalists? [read post]
18 Dec 2016, 10:32 pm
Briefs by IP profs Chris Buccafusco and Jeanne Fromer and by Mark McKenna, Mark Lemley, Chris Sprigman, and Rebecca Tushnet were discussed during the argument. [read post]
19 Aug 2022, 4:00 am
[Editor’s note: Legal Evolution is pleased to announce that Patrick McKenna has agreed to join Legal Evolution as a regular contributor. [read post]
18 Sep 2008, 8:26 am
Mark McKenna has argued that this is the natural result of current trademark thinking and that it makes "use as a mark" a fairly useless limit. [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]
23 Apr 2012, 5:36 am
McKenna: agreed. [read post]
9 Aug 2019, 11:34 am
So too w/litigation/cancellation.Mark McKenna: is there a big problem here? [read post]
28 Aug 2015, 5:31 am
This post examines an opinion from a U.S. [read post]
24 Mar 2017, 10:05 am
Conversations among the papers.Mark McKenna: conversation about distinctiveness in roles revealed we need a lot more work on the relation between registration and unfair competition, particularly on non-word marks. [read post]
