Search for: "Mark McKenna"
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25 Feb 2023, 12:23 pm
You can get a sense for what the use of the putative mark was like at first use, if your data are rich enough. [read post]
24 Feb 2023, 4:39 pm
McKenna: a whole bunch of other terms we use now to denominate a category, like trade dress, that weren’t coherently defined under unfair competition b/c there was no need to define it. [read post]
24 Feb 2023, 1:27 pm
Session 1: Identifying and Explaining Anachronisms Introduction: Mark McKenna: Every year, a TM exam could be written differently: one a very conventional exam question with Company A using one mark and Company B using a similar mark/similar goods, conventional walk through confusion factors in the way the test was designed to deal with. [read post]
23 Feb 2023, 3:30 am
Key Findings Although most states forgo local income taxes, they are a significant source of local tax revenue in six states and at least a modest source of revenue in 10 others. [read post]
22 Feb 2023, 6:07 am
McKenna disagreed. [read post]
13 Feb 2023, 9:37 am
Consumers are more likely to find trademarks located in those spaces, and they are probably more likely to perceive features as trademarks if they are in those locations.In their fascinating new article, Trademark Spaces and Trademark Law’s Secret Step Zero, Mark Lemley and Mark McKenna draw out the relevance of physical space for trademark protection, and in particular for non-verbal marks like logos and trade dress. [read post]
3 Feb 2023, 9:40 am
Formalism creeping back in: three examples. (1) Dilution—formalistic principle: once we put the label famous on a mark, we don’t do much to restrict the protection of that mark. [read post]
3 Feb 2023, 7:23 am
Mark Lemley & Mark McKenna, Breaking the Symmetry Between Utility and Design Patents AKA Design Patents Aren’t Patents (… and it’s a good thing too) Three rules: (1) design patents are judged by patent rules unless statute says otherwise; (2) that which infringes if later anticipates if earlier: there is symmetry b/t infringement and anticipation; (3) infringement in design patent is completely different than infringement in utility patent, which… [read post]
13 Jan 2023, 3:00 am
Anchorage Superior Court Judge Jack McKenna ruled in December that Eastman was eligible to hold public office despite his membership in the Oath Keepers, a far-right militia group that had some members and leadership participate in the riot at the U.S. [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]
1 Dec 2022, 6:43 am
To the contrary, Viacom used its own house mark MTV and the name of one of its “iconic” franchises, Shore. [read post]
14 Nov 2022, 10:09 am
Ann Bartow, Jim Gibson, James Grimmelmann, Mark Lemley, Phil Malone, Mark McKenna, Lisa Ramsey, Jeremy Sheff, Jessica Silbey, Christopher Sprigman, and Rebecca Tushnet. [read post]
21 Oct 2022, 8:30 am
Sellers aren't typically supposed to gain protection for descriptive marks until they deve [read post]
14 Oct 2022, 4:33 am
” Emily Cataneo, Vimal Patel, McKenna Oxenden and Mike Ives report for the New York Times. [read post]
9 Oct 2022, 7:22 pm
Specifically, Tim told the story of attending Patrick McKenna’s “First 100 Days” Master Class back in 2010 when he was promoted to the firm’s top leadership position. [read post]
13 Sep 2022, 11:26 am
McKenna, internationally recognized lecturer, strategist, seasoned advisor to law firm leaders and co-author of First Among Equals “While lawyers have come to recognize the many benefits of collaborating in the cloud, many are overwhelmed by the sheer number of collaboration tools available to them. [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]
11 Aug 2022, 3:41 pm
McKenna: strong impression that people are joking. [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]
29 Jun 2022, 9:04 am
McKenna & Shelby Niemann, 2016 Trademark Year in Review, 92 Notre Dame L. [read post]
