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2 Mar 2020, 10:15 am by Rebecca Tushnet
McKenna: monitoring is a normal part of complete injunction, which says don’t use mark X or anything too similar. [read post]
2 Mar 2020, 10:14 am by Rebecca Tushnet
Necessary for PTO given volume: TMEP assumptions about functioning as a mark. [read post]
2 Mar 2020, 10:12 am by Rebecca Tushnet
Session 1, Cont’d Mid-Point Discussants: Shari Diamond, Mark McKenna, Alex Roberts, Jeremy Sheff I had to teach so missed a bunch! [read post]
24 Jan 2020, 3:02 am by Liz Dunshee
I’m extremely grateful to John, Lynn, Dave, Alan, Mike, Mark and the folks in our HQ for being so on top of their game and willing to handle some “extras” these next few months. [read post]
5 Dec 2019, 10:43 am by Rebecca Tushnet
Why mark artists out for their production as opposed to plumbers or surgeons? [read post]
5 Dec 2019, 10:42 am by Rebecca Tushnet
I have just now gotten around to my notes from this excellent roundtable.Introduction: Mark McKenna & Graeme DinwoodieWhy do a roundtable like this? [read post]
14 Oct 2019, 3:30 am by Mark McKenna
Mark McKenna In her excellent addition to the Akron Law Review’s intellectual property volume, The Erie/Sears/Compco Squeeze: Erie’s Effects on Unfair Competition and Trade Secret Law, Sharon Sandeen “tells the story of the efforts undertaken in the aftermath of Erie to fill the gaps it left in the law of unfair competition. [read post]
9 Aug 2019, 11:34 am by Rebecca Tushnet
  So too w/litigation/cancellation.Mark McKenna: is there a big problem here? [read post]
4 Aug 2019, 1:26 pm by Bill Marler
On June 27, Rose Porter picked up a whole hog from Stewart’s Meats in McKenna, Washington. [read post]
1 Aug 2019, 9:05 pm by Bobby Chen
This incident and others support the need for new regulation and legislation on the privacy concerns implicated by both commercial and government satellite tracking, according to Anne Toomey McKenna and Amy C. [read post]
17 Jun 2019, 9:17 am by Rebecca Tushnet
’ It is enough that the mark in fact ‘refers to a characteristic of the’ product. [read post]
30 Apr 2019, 8:08 am by Rebecca Tushnet
  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]
29 Apr 2019, 12:35 pm by Rebecca Tushnet
” [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]