Search for: "Mark McKenna"
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18 Apr 2010, 10:01 am
Mark Lemley: Now he’s profoundly depressed, because if Grynberg’s descriptive claim is right, we’re screwed. [read post]
5 Mar 2009, 4:00 am
(Peter Zura's 271 Patent Blog) (Patently-O) (Patent Prospector) (Patent Docs) (Patent Baristas) (Intellectual Property Watch) (Law360) (BLOG@IP::JUR) (Chicago Intellectual Property Law Blog) (Patently-O) (Inventive Step) (Washington State Patent Law Blog) (Techdirt) (Hal Wegner) Reactions to Patent Reform Bill 2009 (IP Watchdog) (Patent Baristas) (IP Watchdog) (IP Watchdog) (Patently-O) Global Global - General World IP Day, 26 April, approaching (IPKat) Global -… [read post]
12 Aug 2011, 8:18 am
What does the Lanham Act seek to accomplish with prohibiting disparaging marks? [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 Mar 2017, 8:55 am
” Chancellor Mark S. [read post]
26 Oct 2016, 5:48 am
Even though they put “bullying” in quotation marks, they offer no definition , no description, no explanation, for what they’re talking about. [read post]
27 Apr 2010, 10:00 pm
Today marked the final day of oral arguments for the term. [read post]
27 Aug 2021, 9:03 pm
Professor Mark P. [read post]
24 May 2012, 8:09 pm
Mark Browning and Fa`auuga To`oto`o -- were assigned in their places. [read post]
30 Aug 2008, 7:34 am
The blog is called Seeking Justice by a prosecutor named Tom McKenna. [read post]
24 Jun 2010, 8:02 am
Louis: Miriam Cherry (McGeorge) (2010-11)Stanford: Nita Farahany (Vanderbilt) (Spring 2011); Mark McKenna (Notre Dame) (Fall 2010); Bernadette Meyler (Cornell) (Spring 2011); Nicholas Rosenkranz (Georgetown) (Fall 2010)**Texas: Aaron Bruhl (Houston) (Fall 2010); Adam Rosenzweig (Washington Univ.) (2010-11)UC-Berkeley: Russell Robinson (UCLA) (2010-11)UC-Irvine: Richard Hasen (Loyola LA) (Spring 2011)UCLA: Youngjae Lee … [read post]
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 Aug 2021, 8:44 am
The court here concluded that there were disputed issues of material fact on substantial similarity (and excluded a proposed expert report from Mark McKenna). [read post]
5 Nov 2014, 6:48 am
(Paging Mark McKenna.) [read post]
6 Sep 2016, 10:53 am
In his fascinating paper on the history of trademark's evolution from state to federal law, Mark McKenna has discussed in detail how post-Lanham Act courts dealt with the challenges of interpretation and allocation of state and federal roles. [read post]
31 Jul 2014, 4:39 am
While Chris argued that he’d only made statements about the Ballin design, not the Ballin mark, the court still found falsity. [read post]
2 Mar 2020, 10:15 am
McKenna: monitoring is a normal part of complete injunction, which says don’t use mark X or anything too similar. [read post]
30 Apr 2019, 8:08 am
Relatedly, jumping off what Mark McKenna & Mark Lemley have written, if a false claim was material to some subset of consumers, those consumers would arguably be a relevant submarket.Anyway, plaintiffs were entitled to discovery in order to substantiate their disparagement claims.Unsurprisingly, Lanham Act claims by the competitor plaintiffs also survived. [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]
29 Apr 2019, 12:35 pm
” [Mark Lemley & Mark McKenna may be interested to see that the court cites an antitrust case noting that when a seller’s product is differentiated, seller has “a little pocket of monopoly power. [read post]
