Search for: "Mark McKenna"
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13 Apr 2013, 7:51 am
McKenna: makes the findings all the more startling if these entities are “pro se. [read post]
2 May 2025, 3:18 pm
McKenna: is the SCt still a common law court? [read post]
1 Jan 2013, 3:51 pm
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
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]
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
McKenna’s position: modern doctrine reflects search costs rhetoric pretty closely and that’s the problem. [read post]
17 Mar 2020, 10:29 am
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]
24 Jan 2010, 11:28 pm
Lemley & Mark McKenna 413 The Disintegration of Intellectual Property? [read post]
2 Apr 2007, 5:54 am
Mark P. [read post]
12 Apr 2013, 12:01 pm
McKenna: consider funding sources generally. [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]
16 Apr 2010, 10:10 am
Mark McKenna: The issue is people who conclude that making you think harder in any way is a search cost. [read post]
22 Feb 2013, 11:45 am
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]
29 Jun 2022, 9:04 am
McKenna & Shelby Niemann, 2016 Trademark Year in Review, 92 Notre Dame L. [read post]
12 Apr 2013, 9:14 am
(McKenna Q: is there a clear distinction?) [read post]
9 Apr 2014, 8:31 am
I predict that Mark Lemley will not like this decision but that Mark McKenna will.Boston Cab Dispatch, Inc. v. [read post]
5 Jul 2016, 11:44 am
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
Not defending scent marks, but there are non-word marks that make sense. [read post]
9 Apr 2009, 9:43 am
Hurley, Mark R. [read post]
16 Oct 2020, 10:25 am
Mark McKenna: It’s never been true that unfair competition is limited to disclaimers. [read post]
