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18 Aug 2017, 3:54 pm by TWiT
Join Denise Howell, Mike Keyes, Mark McKenna, and Matthew Curtis as they discuss tiki torches and brand management. [read post]
2 Aug 2017, 9:07 am by Lisa Ouellette
., the terrific recent articles by Chris Buccafusco and Mark Lemley and by Mark McKenna and Chris Sprigman). [read post]
17 Jul 2017, 3:00 am by John Jenkins
In addition to Jay’s remarks, this Deloitte memo notes that Corp Fin’s Chief Accountant – Mark Kronforst – discussed waiver requests at a recent conference, and “urged companies to discuss their facts and circumstances” with the Staff. [read post]
14 Jun 2017, 7:00 am by Rebecca Tushnet
Mark McKenna and I put together an amicus brief in this case, arguing that the false designation of origin verdict based on claims about who invented certain technology was precluded by Dastar (and nominative fair use, to the extent it was based on a slide deck showing that a game could be played with the relevant technology).http://tushnet.blogspot.com/feeds/posts/default? [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]
31 Mar 2017, 12:45 pm by Rebecca Tushnet
McKenna: No recipes is one kind of categorical rule. [read post]
27 Mar 2017, 4:18 am by Edith Roberts
At Education Week, Mark Walsh reports on the court’s decision on Wednesday in Star Athletica, LLC v. [read post]
24 Mar 2017, 10:05 am by Rebecca Tushnet
  Conversations among the papers.Mark McKenna: conversation about distinctiveness in roles revealed we need a lot more work on the relation between registration and unfair competition, particularly on non-word marks. [read post]
24 Mar 2017, 9:00 am by Rebecca Tushnet
McKenna: older view of TM law would also say you can’t divert trade from a company not using the mark: well known marks doctrine looks like market preemption/preservation from that perspective. [read post]
23 Mar 2017, 3:02 pm by Rebecca Tushnet
Affiliation confusion/house marks. [read post]
23 Mar 2017, 10:31 am by Rebecca Tushnet
  You can maintain a mark that’s different from what’s on the register as long as it’s not enough to change the distinctive character.Mark McKenna: difference b/t priority and nonpriority dispute screams out from cases. [read post]
11 Feb 2017, 7:09 am by Rebecca Tushnet
Mark McKenna & Jessica Silbey, Investigating Design: An Empirical Study of Industrial Design and IP ProtectionInterviews & institutional analysis. [read post]
10 Feb 2017, 9:39 am by Rebecca Tushnet
That limits the potential for this defense a lot—would not have helped ZOMBIE CINDERELLA, but why not recognize the functional portions of each mark? [read post]
10 Jan 2017, 12:22 pm by Camilla Alexandra Hrdy
 Mark McKenna has a paper on trademark's trajectory from state to federal-plus-state law, quoted below. [read post]
18 Dec 2016, 10:32 pm by Lisa Ouellette
Briefs by IP profs Chris Buccafusco and Jeanne Fromer and by Mark McKenna, Mark Lemley, Chris Sprigman, and Rebecca Tushnet were discussed during the argument. [read post]