Search for: "Mark A. Lemley"
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4 Sep 2015, 6:42 am
Merges, Menell & Lemley) somehow worked out a deal to take the book "private. [read post]
28 Jan 2016, 7:03 am
Second, their actions would interfere with what Mark Lemley has called the "channelling" function of trade secret law. [read post]
2 Oct 2015, 7:31 am
(Compare Lemley on faith-basedIP.) [read post]
12 Feb 2021, 11:43 am
And Lemley in chat says “Oxford. [read post]
3 Aug 2023, 8:15 am
TM doctrine assumes marks are chosen for potential for perpetuity. [read post]
31 Mar 2017, 12:45 pm
Chris Buccafusco & Mark Lemley, Screening FunctionalityCommentators: Abraham Drassinower and Jim GibsonGibson: regime shopping is even more troublesome than scope problems in one regime. [read post]
25 Sep 2015, 2:46 pm
Mark Lemley: Notice fatigue. [read post]
25 Jun 2021, 9:20 am
Lemley, B.J. [read post]
12 Nov 2017, 6:04 pm
On aggregate, using a human-based PHOSITA standard in this type of situation would lead to far too many patents that are in fact obvious to machines (p. 26).The implications of advanced artificial intelligence for intellectual property law is an emerging area that several scholars have begun to tackle, including Liza Vertinsky, Shlomit Yanisky-Ravid, Xiaoqiong (Jackie) Liu, Samuel Moorhead, Amanda Levandowski, and Mark Lemley, among others. [read post]
8 Aug 2024, 11:11 am
Sexual pleasure: when mark is used to “titillate” or convey a message that sex is good, that doesn’t establish parody or commentary. [read post]
30 Sep 2007, 2:47 pm
He's emotionally on the side of Lemley & Dogan, but ultimately trademark use reduces to confusion - do consumers understand something as an indication of source? [read post]
4 Oct 2021, 10:58 am
Right now the expedited cancellation and use proceedings represent just one aspect of how attention to trademark use has become more important as perhaps the biggest remaining limit on the scope of trademark rights other than the First Amendment—Mark Lemley has called the question of whether the defendant is making trademark use “step zero” in the infringement inquiry, and whether the plaintiff is making trademark use is the flip side of that question. [read post]
6 Feb 2015, 2:14 pm
Session 4, Cross-IP Mark Lemley (& Mark McKenna), Scope Midnight in the Garden of Good & Evil copyright infringement case. [read post]
25 Apr 2011, 7:43 am
Lemley: Sees a set of moves around uses or nonuses of test that are oddly outcome-determinative. [read post]
3 May 2019, 8:32 am
[Also interestingly, this framework would be consistent with Mark Lemley’s argument that having—and thus allowing/not policing against—parodies should be a requirement for fame, which would turn into media coverage rather than competition.]RT: This is a legal question: the doctrine right now requires none of this, because the theory is always if there is consumer confusion then there is something protectable. [read post]
9 Mar 2015, 6:03 am
” But defendants used the mark (persona) on “goods. [read post]
3 Feb 2024, 4:54 pm
Are they having trouble clearing marks? [read post]
29 Jan 2019, 11:48 am
Lemley, Erik Oliver, Kent Richardson, James Yoon, & Michael Costa, Patent Purchases and Litigation Outcomes, 2016 Patently-O Patent Law Journal 15 (Lemley.2016.PatentMarket) Bernard Chao and Amy Mapes, An Early Look at Mayo’s Impact on Personalized Medicine, 2016 Patently-O Patent Law Journal 10 (Chao.2016.PersonalizedMedicine) James E. [read post]
16 Mar 2013, 12:31 pm
Mark Lemley: You could test whether people just go with defaults or whether they go with fairness. [read post]
10 Dec 2008, 2:00 pm
The Recorder reports that the project, which was spearheaded by Stanford professor (and Keker & Van Nest of counsel) Mark Lemley, has IP lawyers buzzing already. [read post]