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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]
29 Apr 2019, 9:28 am
Mark P. [read post]
15 Apr 2019, 6:22 am
Session 3: Defining Marks in Trademark Law vs. [read post]
12 Apr 2019, 2:50 pm
Is market definition in fact ubiquitous in trademark law analysis because it is an inquiry implicitly undertaken whenever a mark owner defines the underlying goods or services with which the mark is used? [read post]
12 Apr 2019, 1:43 pm
We lack an integrated procedure for deciding the scope of an IP right (Lemley/McKenna on scope). [read post]
9 Apr 2019, 12:44 pm
The litigation will be handled by Stephen McKenna. [read post]
31 Mar 2019, 6:00 pm
Mark P. [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]
12 Feb 2019, 10:50 am
Stacey Dogan, Mark Lemley, Jessica Litman, Mark McKenna, Jennifer Rothman, Jessica Silbey, and I filed an amicus in the Mongols trademark forfeiture case. [read post]
23 Jan 2019, 12:24 pm
The form is signed by John Adams on the verso [Photo by Kelly McKenna]. [read post]
27 Nov 2018, 4:01 am
For the ABA Journal, Mark Walsh previews Timbs v. [read post]
26 Nov 2018, 4:47 am
Dastar and Rogers are, as Mark McKenna says, inherently linked.]Disney, by the way, will love this sentence: “Indeed, the potential for explicitly misleading usage is especially strong when the senior user and the junior user both use the mark in similar artistic expressions. [read post]
11 Nov 2018, 9:50 am
" (McKenna, 102). [read post]
8 Nov 2018, 10:56 am
But Rushmore licensed only the Monahan mark, not the terms whose validity as marks it challenged. [read post]
12 Sep 2018, 11:13 am
¶19 (quoting McKenna Long & Aldridge, LLP v. [read post]
28 Aug 2018, 10:46 am
Mark Lemley, Mark McKenna, and I wrote a brief in support of rehearing. [read post]
24 Aug 2018, 8:07 am
Mark Lemley (Stanford), Mark McKenna (Notre Dame), and Rebecca Tushnet (Harvard) have joined together in supporting the rehearing. [read post]
21 Aug 2018, 4:30 am
McKenna LangLunchAfternoon ProgramBuilding an Options-Focused Website, Mark PattersonStudent Activism, Administrative Formality, and the Role of the Ombuds, Emma PhanWhen the Peer Becomes the Boss, Tom KosakowskiPeer to Peer Case Studies, Katherine Greenwood and Patricia PonceDinnerEvening Program“And the Oscar Goes to”….. [read post]
10 Aug 2018, 2:59 pm
He’s subsidizing the publicity benefits.Lemley: we don’t usually call that a wealth transfer.Miller: subsidy is better b/c there’s no one to one correspondence.Mark McKenna (and Mark Lemley), Unfair DisruptionThis isn’t really a paper about Aereo, but that’s an example: new tech often disrupts existing commercial relationships/settled expectations/industries. [read post]
3 Aug 2018, 7:52 am
(I'm not sure what Peter's answer is from the abstract, but I haven't been convinced by the "yes" arguments I've seen so far.)Breakout 6 – Tort-Tinged IPBen Depoorter & Robert Walker – Attracting litigation is deployed strategically by IP defendants to attain free publicity.Mark McKenna & Mark Lemley – Courts should avoid conflating an incumbent's desire to prevent disruption with infringement of an IP right by… [read post]
