Law Commons^™

Mark Mckenna Was Quoted In The Buzzfeed Article 9 Cheeky Weedbased Logos That Will Get Copyright Lawyers High On April 20, 2015, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the BuzzFeed article 9 Cheeky WeedBased Logos That Will Get Copyright Lawyers High on April 20. Mark McKenna, an associate dean and law professor at the University of Notre Dame, said that companies making T-shirts with characters like Mickey Mouse or Fred Flintstone smoking weed might be able to defend themselves under trademark law’s parody exception, but that anyone using those logos to advertise their stores or sell actual products could be in trouble. “[Cannabis businesses] are going to have to play by the same rules that everyone else does in commercial regulations. Trademark owners …

Mark Mckenna Was Quoted In The Daily Mail Article ‘People Thought It Was Banksy’: Comedian Nathan Fielder Reveals The Real Story Behind His Dumb Starbucks Prank, July 17., Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Daily Mail article ‘People thought it was Banksy’: Comedian Nathan Fielder reveals the REAL story behind his Dumb Starbucks prank on July 17.

The Limits Of The Supreme Court’S Technological Analogies, Mark Mckenna

Mark P. McKenna

Op-ed The Limits of the Supreme Court’s Technological Analogies published on Slate.com on June 26.

Mark Mckenna Quoted Forbes Article Aereo Loses Big As Supreme Court Calls It Equivalent To Cable Tv On June 25., Mark Mckenna

Mark P. McKenna

Mark McKenna quoted in Forbes article Aereo Loses Big As Supreme Court Calls It Equivalent To Cable TV on June 25. Mark McKenna of Notre Dame Law School wasn’t so sure, saying the decision might threaten cloud services that allow users to transmit copies of protected content to themselves. “I think Breyer meant here to distinguish Dropbox, where I might store copies I legitimately acquired, but I don’t think it’s much comfort since I only owned the first copy and Dropbox doesn’t really know if I owned it or not,” McKenna told me, via e-mail. “That’s the cloud companies’ concern …

Mark Mckenna Quoted In Cbs News Article Supreme Court Deals Severe Blow To Aereo On June 25., Mark Mckenna

Mark P. McKenna

Mark McKenna quoted in CBS News article Supreme Court deals severe blow to Aereo on June 25.

"The Supreme Court today found that Aereo is similar to cable companies and publicly performs copyrighted works when it re-transmits over-the-air signals to its customers," said University of Notre Dame law professor Mark McKenna.

Mark Mckenna Was Quoted In The Guardian Article Us Patent Office Strips Washington Redskins Of ‘Offensive’ Trademarks On June 19, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in The Guardian article US patent office strips Washington Redskins of ‘offensive’ trademarks on June 19

Mark Mckenna Was Quoted In The Financial Times Article Tech Groups’ Courtroom Victories On Smartphone Patents … On June 18., Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Financial Times article Tech groups’ courtroom victories on smartphone patents … on June 18.

Mark Mckenna Was Quoted In The Wall Street Journal Article Apple's Win In Court Won't Hurt Samsung Or Android On May 4, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Wall Street Journal article Apple's Win in Court Won't Hurt Samsung or Android on May 4

Mark Mckenna Was Quoted In The Cnn/Fortune Article Pple-Samsung Jury Splits The Baby: The Experts Weigh In On May 3, Mark Mckenna

Mark P. McKenna

Professor Mark McKenna was quoted in several news sources, including the Wall Street Journal, CNN, and USA Today, on the Apple-Samsung patent verdict: Apple-Samsung jury splits the baby: The experts weigh in CNN/Fortune-by Philip Elmer-DeWitt-42 minutes ago

Mark Mckenna Was Quoted In The Usa Today Article Apple-Samsung Legal Outcome Won't Likely End Feud On May 5, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the USA Today article Apple-Samsung legal outcome won't likely end feud on May 5. For its part, Apple "clearly thought it would get more out of its patents," says University of Notre Dame law professor Mark McKenna, who specializes in intellectual property, trademark, patent and copyright law. And Samsung "fared much better than they might have, if you think what they potentially were on the hook for," he says. "But it's hard to call anyone a winner who has to spend the kind of money they spent litigating a case and then get ordered to …

Mark Mckenna Was Quoted In The Cnbc Article Why Apple’S The Underdog In This Samsung Trial On April 10., Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the CNBC article Why Apple’s the underdog in this Samsung trial on April 10. "It's hard to know until you see all the relevant pieces, but an initial read of the patents suggests to me that some of them are written at a very broad level," said Mark McKenna, a law professor at Notre Dame. "It would surprise me if they were upheld at that level of generality." Apple is making some broad claims about what it owns and will have to make a strong case to prove it actually deserves as much as it …

Mark Mckenna Was Quoted In The Cnbc Article Why Apple’S The Underdog In This Samsung Trial On April 10, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the CNBC article Why Apple’s the underdog in this Samsung trial on April 10.

Mark Mckenna Was Quoted Ap Story Jury Selection Begins In Apple-Samsung Case On March 31, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted AP story Jury selection begins in Apple-Samsung case on March 31 “There’s a widespread suspicion that lots of the kinds of software patents at issue are written in ways that cover more ground than what Apple or any other tech firm actually invented,” Notre Dame law professor Mark McKenna said. “Overly broad patents allow companies to block competition.”

Mark Mckenna Was Quoted In The Forbes Article Lexmark May Be Liable For Attacking Printer-Cartridge Rivals, Supreme Court Says On March 25, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Forbes article Lexmark May Be Liable For Attacking Printer-Cartridge Rivals, Supreme Court Says on March 25 What Scalia said, in a nutshell, is “it’s not legitimate for courts to not hear a case because they don’t feel like it,” said Mark McKenna, a professor at Notre Dame Law School. He studied the practical effect of prudential standing rules on false-advertising cases, along with Deborah Gerhardt and Kevin McGuire of the University of North Carolina and found significant disparities in who was allowed to sue. This decision “basically forces all of the circuits to redo …

Mark Mckenna Was Quoted • Ap In Many Articles About Software Patents Issues In The Apple-Samsung Court Case. On March 30., Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted by AP in many articles about software patents issues in the Apple-Samsung court case. on March 30. "There's a widespread suspicion that lots of the kinds of software patents at issue are written in ways that cover more ground than what Apple or any other tech firm actually invented," Notre Dame law professor Mark McKenna said. "Overly broad patents allow companies to block competition."

Mark Mckenna Was Quoted In The New York Times Article Apple’S War On Samsung Has Google In Crossfire On March 30., Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the New York Times article Apple’s War on Samsung Has Google in Crossfire on March 30. “Google’s been lurking in the background of all these cases because of the Android system,” said Mark P. McKenna, a professor who teaches intellectual property law at Notre Dame. “Several people have described the initial battle between Samsung and Apple as really one between Apple and Google.”

Mark Mckenna Quoted In Usa Today Article Starbucks Responds To Dumb Starbucks In La, February 10, 2014, Mark Mckenna

Mark P. McKenna

Mark McKenna quoted in USA Today article Starbucks responds to Dumb Starbucks in LA by Jolie Lee February 10, 2014. "My gut tells me a court would be bothered by how much of the Starbucks trademark was used. It's not just the word but they also made the store look just like it," McKenna said in an interview with USA TODAY Network.

Is "Dumb Starbucks" Legal? Mark Mckenna Talks To Business Insider, February 10, 2014., Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Business insider article by Erin Fuchs. "This is a fairly bold use of the Starbucks logo," Notre Dame law professor Mark McKennatold me. "What they've done is they've taken that word 'dumb' and they have basically copied everything." Read more: http://www.businessinsider.com/is-dumb-starbucks-legal-2014-2#ixzz2sxEeHa00

Apple Verdict Could Alter Future Of Tablet, Phone Design (Quotes: Mark Mckenna) Fox News.Com And Usa Today, Mark Mckenna

Mark P. McKenna

Apple verdict could alter future of tablet, phone design Associated Press article quotes Mark McKenna in Fox News.com and USA Today, Aug 27, 2012 "That's a great question ... and it's the subject of a fair amount of current debate," said Notre Dame University law professor Mark McKenna.

Quoted In "With Samsung Win On Galaxy Tab, Judge May Reconsider U.S. Ban", Mark Mckenna

Mark P. McKenna

"With Samsung win on Galaxy Tab, judge may reconsider U.S. ban" article by Basil Katz and Dan Levine quotes Mark McKenna in Reuters Aug 27, 2012.

Normally, when a preliminary injunction based on one patent becomes inconsistent with a subsequent verdict, the party subject to the injunction asks the court to lift it, said Mark McKenna, a professor at the University of Notre Dame's Law School.

Yet while the jury absolved Samsung on allegations the Galaxy Tab violated Apple's design patent, it did say the device infringed some of Apple's software patents. That could complicate Samsung's pitch, McKenna said.

"If …

Op-Ed: Don’T Stop At Sopa, Mark Mckenna

Mark P. McKenna

Op-ed in Slate.com by Mark McKenna. SOPA and PIPA are (almost) dead? Now can we talk about the law that already exists?

Apple-Samsung Jury Foreman Says Google E-Mail Persuasive (Quotes: Mark Mckenna) Bloomberg/Businessweek, Mark Mckenna

Mark P. McKenna

Apple-Samsung Jury Foreman Says Google E-Mail Persuasive article by Joel Rosenblatt, Karen Gullo and Douglas MacMillan quotes Mark McKenna in Bloomberg/Businessweek, Aug 26, 201. “I could imagine him being very useful to the other jurors as long as he’s not trying to dominate the jury room,” said Mark McKenna, a University of Notre Dame Law School professor, in an interview before the verdict. “It could be the case that because this guy has a lot of expertise that a lot of jurors defer a lot of specific questions to him.” Hogan’s patent isn’t the same type as those covering software …

"The Problem Of Genericide In Trademarks" (Quotes: Mark Mckenna) Legalzoom, September 2012, Mark Mckenna

Mark P. McKenna

The Problem of Genericide in Trademarks article by Michelle Fabio quotes Mark McKenna in Legalzoom, September 2012.

University of Notre Dame Law Professor Mark P. McKenna notes that leading up to the Google lawsuit, there have been “a few cases [regarding genericide], but most of them are quite old, and courts tend to be very reluctant to declare that a mark has become generic.”

The risk of genericide for the everyday trademark owner is likely fairly low. It is also “way overstated by trademark owners who want to shut down another use but want to shield themselves from bad public …

Colin Kaepernick Defends Move To Protect Personal Brand (Quotes: Mark Mckenna) Usa Today - February 4, 2013, Mark Mckenna

Mark P. McKenna

Colin Kaepernick defends move to protect personal brand article by Jeffrey Martin on USA Today quotes Mark McKenna, February 4, 2013.

"Sometimes, there is some money to be made from capitalizing on a hot theme," said Mark McKenna, a professor at Notre Dame School of Law specializing in intellectual property, via e-mail. "That moment is, for most of your examples, pretty fleeting – think 'Linsanity.' But it's possible it is enough to justify some interest.

"But in the cases in which the phrases refer to a particular individual, sometimes they're less concerned with using the term themselves to make money …

"Kohler Co. Steamed Over Arizona Firm’S Name Salon School Makes Change To Avoid Trademark Suit" (Quotes: Mark P. Mckenna) Milwaukee Journal Sentinel, Mark Mckenna

Mark P. McKenna

Kohler Co. steamed over Arizona firm’s name Salon school makes change to avoid trademark suit by Rick Romell of the Journal Sentinel quotes Mark P. McKenna in Milwaukee Journal Sentinel on Jan. 24, 2012.

People have no hard and fast right to use their name on their business if someone else already has trademarked it, said Durst and two academic experts - Mark McKenna of the University of Notre Dame Law School and J. Thomas McCarthy, senior professor at the University of San Francisco.

McKenna, however, called Kohler Co.'s assertions "a pretty aggressive use of their trademark rights."

He said …

"Apple Vs. Samsung: Three Possible Outcomes" (Quotes: Mark Mckenna) Cnn Money, Mark Mckenna

Mark P. McKenna

Apple vs. Samsung: Three possible outcomes article by David Goldman quotes: Mark McKenna in CNN Money on Aug 24, 2012.

"I have been surprised that Samsung seems to have been on the defensive so much," said Mark McKenna, a law professor and intellectual property specialist at the University of Notre Dame.

"Apple V Samsung: Five Experts, Five Questions" (Quotes: Mark Mckenna) Computerworld, Mark Mckenna

Mark P. McKenna

"Apple v Samsung: Five experts, five questions" article by "Apple v Samsung: Five experts, five questions" (Quotes: Mark McKenna) Computerworld in Computerworld quotes Mark McKenna. Q2. If you could give advice to this jury -- that got 109 pages of instructions and hundreds of other pages of documents -- what would it be? Mark McKenna: They will have to first focus on the validity of the rights Apple and Samsung claim. A lot of the instructions have to do with damages, and damages are irrelevant if the rights aren't valid. Then I think they have to guard against the risk …

"Apple Jurors Grappled With Complex Patent Issues" (Quotes: Mark Mckenna) Associated Press, Mark Mckenna

Mark P. McKenna

"Apple jurors grappled with complex patent issues" Associated Press article by PAUL ELIAS quotes Mark McKenna, Aug 26, 2012

"Should Google Be Running Scared From Apple?" (Quotes: Mark Mckenna) Wired Aug 28, 2012, Mark Mckenna

Mark P. McKenna

Should Google Be Running Scared From Apple? article by Sarah Mitroff quotes Mark McKenna in Wired Aug 28, 2012.

Looking at the case, University of Notre Dame law professor Mark McKenna says Google is focusing on distancing itself from the pinch-to-zoom, the tap-to-zoom, and the bounce-back features that Samsung created, saying they aren’t included in its base Android code. “Google’s claim is that those features are part of the modified experience from other companies that license the Android operating system,” says McKenna.

"Free Speech Vs. Infringement In Suit On Alabama Artwork" (Quotes: Mark Mckenna) New York Times, Mark Mckenna

Mark P. McKenna

"Free Speech vs. Infringement in Suit on Alabama Artwork" New York Times article by Daniel Grant quotes Mark McKenna.

The case is of great interest to “artists all over the country whose free speech rights should not be subject to licensing arrangements by colleges and universities,” said Mark P. McKenna, a law professor at Notre Dame who was part of a group of professors that wrote a friend-of-the-court brief to the Court of Appeals on Moore’s behalf.