Search for: "Mark McKenna" Results 141 - 160 of 570
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1 Jan 2013, 3:51 pm by Rebecca Tushnet
  As Mark McKenna has argued, "utilitarian" functionality and "aesthetic" functionality are intertwined, and the aesthetic is often more important than the merely utilitarian. [read post]
25 Jun 2022, 4:02 am by Rebecca Tushnet
McKenna: passing off used to say: if you’re not trying to serve people any more under the mark, then you aren’t suffering any harm. [read post]
1 Apr 2016, 6:00 am by Doug Cornelius
by Hans Christensen, Eric Floyd, Lisa Liu and Mark Maffett in the CLS Blue Sky Blog Regulators seem to think so. [read post]
17 Mar 2020, 10:29 am by Camilla Hrdy
I really enjoyed the final version of Brett Frischmann and Mark McKenna's article, "Comparative Analysis of Innovation Failures and Institutions in Context. [read post]
6 Oct 2007, 12:20 pm
Graeme Dinwoodie and Mark Janis have picked apart the statutory and historical support for such a requirement, but these days I'm leaning mostly towards Mark McKenna's primary argument (also made by Dinwoodie & Janis): as long as anything can serve a source-identifying function (remember Breyer's rejection of ontology in Qualitex), trademark use isn't a helpful limit.Here's an interesting set of examples. [read post]
22 Apr 2011, 7:14 am by RT
McKenna’s position: modern doctrine reflects search costs rhetoric pretty closely and that’s the problem. [read post]
24 Jan 2010, 11:28 pm by Stanford Law Review
Lemley & Mark McKenna 413 The Disintegration of Intellectual Property? [read post]
12 Apr 2013, 12:01 pm by Rebecca Tushnet
McKenna: consider funding sources generally. [read post]
22 Feb 2013, 11:45 am by Rebecca Tushnet
Manta is trying to focus our attention on the tertiary aspects of meaning: not just producers/mark owners but how consumers think about the mark. [read post]
24 Jun 2011, 2:59 am
Mark Dayton, a Democrat, have failed to agree on a budget, without agreement the state government will shut down July 1. [read post]
7 Apr 2017, 11:27 am by Mary Whisner
Hernandez, United States District Court for the District of Oregon, Don McGowan, General Counsel, Pokémon, Mark McKenna, University of Notre Dame Law, and Steven Davidoff Solomon, University of California, Berkeley. [read post]
16 Apr 2010, 10:10 am by Rebecca Tushnet
Mark McKenna: The issue is people who conclude that making you think harder in any way is a search cost. [read post]
12 Apr 2013, 9:14 am by Rebecca Tushnet
  (McKenna Q: is there a clear distinction?) [read post]
9 Apr 2014, 8:31 am by Rebecca Tushnet
I predict that Mark Lemley will not like this decision but that Mark McKenna will.Boston Cab Dispatch, Inc. v. [read post]
29 Jun 2022, 9:04 am by Dennis Crouch
McKenna & Shelby Niemann, 2016 Trademark Year in Review, 92 Notre Dame L. [read post]
5 Jul 2016, 11:44 am by Rebecca Tushnet
  The court agreed with the first part, but, as the responsible entity for legal determinations, not on the latter.Mark Lemley & Mark McKenna will be glad to hear how the court approached the issue:Before the Court can assess the merits of Cedar Valley’s infringement claims and Professional Exteriors’ defenses, the Court must first determine the scope of the registered marks. [read post]
22 Feb 2013, 7:07 am by Rebecca Tushnet
  Not defending scent marks, but there are non-word marks that make sense. [read post]
16 Oct 2020, 10:25 am by Rebecca Tushnet
Mark McKenna: It’s never been true that unfair competition is limited to disclaimers. [read post]