Search for: "Mark McKenna"
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30 Jul 2018, 10:44 am
Breakout 1 – Patent TheoryScott Baker & Anup Malani – An economic model suggests that an opt-in regulatory system (such as the patent system) can improve welfare through mistaken grants by encouraging firms to opt in and thus improving information for investors.Michael Burstein & Mark McKenna – SCOTUS's line between patentable inventions and unpatentable discoveries needs normative justification.Miriam Marcowitz-Bitton & Maayan… [read post]
4 Jun 2018, 9:39 am
[This was an important point in the FanDuel amicus that Mark McKenna & I recently wrote.] [read post]
23 May 2018, 12:00 pm
Mark McKenna & I wrote an amicus brief in the FanDuel case, in which the Indiana Supreme Court is being asked to interpret its state's right of publicity law. [read post]
16 May 2018, 11:03 am
(McKenna, p. 847). [read post]
4 May 2018, 11:31 am
Mark P. [read post]
13 Apr 2018, 9:30 pm
"Also in JOTWELL, from the Intellectual Property section, Mark McKenna (University of Notre Dame) praises "The Article of Manufacture in 1877," by Sarah Burstein (University of Oklahoma). [read post]
13 Apr 2018, 2:45 pm
[McKenna says that’s not necessarily true b/c generic terms could have minority secondary meaning for a subset. [read post]
13 Apr 2018, 1:05 pm
In the 1980s, the legal system was the system McKenna suggested was sensible: 32 was registered marks w/presumptions of validity and ownership; had started to recognize common law TM infringement under 43(a), but then you had to prove ownership, distinctiveness, secondary meaning (even for inherently distinctive marks), geographic and temporal priority. [read post]
13 Apr 2018, 10:31 am
The normative concept in McKenna’s Normative Foundation piece is Lockean natural rights. [read post]
13 Apr 2018, 8:58 am
Unregistered marks become enforceable as marks under the Lanham Act. [read post]
22 Mar 2018, 3:37 am
(So says Professor Mark McKenna. [read post]
22 Mar 2018, 3:30 am
Mark McKenna Designs for articles of manufacture are eligible for design patent protection under section 171 of the Patent Act if they are “new, original and ornamental. [read post]
22 Feb 2018, 1:59 pm
Can a plaintiff be a mark for herself? [read post]
16 Feb 2018, 11:00 am
Brand associations and attitudes are the reputation of a mark. [read post]
5 Feb 2018, 5:32 am
Given the lack of any record, and the absence of a hotel opening before trial, harm arising from poor performance by Equinox Holdings was too remote to warrant preliminary injunctive relief.Specifically addressing one of Mark McKenna’s points about the actual harm of confusion, the court also found that the potential loss of business opportunities wasn’t irreparable harm. [read post]
18 Jan 2018, 7:23 pm
” (2013) What’s In, And What’S Out: How IP’s Boundary Rules Shape Innovation: McKenna, Mark P., and Christopher Jon Sprigman. [read post]
1 Dec 2017, 6:22 am
The city’s remoteness, high poverty rate, and lack of government oversight all likely factor into its checkered past, said Jack Pitney, a professor of government at Claremont McKenna College. [read post]
23 Oct 2017, 4:23 am
., 119 AD3d 636, 638), by proving “a case within a case” (McKenna v Forsyth & Forsyth, 280 AD2d 79, 82 [internal quotation marks omitted]). [read post]
26 Sep 2017, 10:31 am
Mark McKenna and I, with other trademark professors, have written a brief in the ASTM case. [read post]
5 Sep 2017, 6:52 pm
(McKenna, 1874) ("Whether the claimant’s property was its underlying physical assets, the mark itself, or a producer’s returning customers, courts could have constructed sensible rules to protect productive labor. [read post]
