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Brief Of Amici Curiae Intellectual Property Law Professors In Favor Of Judgement As A Matter Of Law, Mark Mckenna, Rebecca Tushnet, John A. Conway
Brief Of Amici Curiae Intellectual Property Law Professors In Favor Of Judgement As A Matter Of Law, Mark Mckenna, Rebecca Tushnet, John A. Conway
Court Briefs
Plaintiff’s false designation of origin and false endorsement claims, such as they are, rest on the assertion that defendants falsely represented themselves as the origin of intellectual property on which the Oculus Rift is based. Those claims are barred by Dastar v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), which holds that only confusion regarding the origin of physical goods is actionable under the Lanham Act.
What's In, And What's Out: How Ip's Boundary Rules Shape Innovation, Mark Mckenna, Christopher J. Sprigman
What's In, And What's Out: How Ip's Boundary Rules Shape Innovation, Mark Mckenna, Christopher J. Sprigman
Journal Articles
Intellectual property law sorts subject matter into a variety of different regimes, each with different terms of protection and different rules of protectability, infringement, and defenses. For that sorting to be effective, IP needs principles to distinguish the subject matter of each system. This paper focuses on one of the most important aspects of border-drawing that our IP system undertakes — identifying “useful” subject matter.
This aspect is critical because our IP system gives utility patent law pride of place and draws the boundaries of the other doctrines in large part to respect utility patent’s supremacy. Yet IP law’s sense …
Criminal Trademark Enforcement And The Problem Of Inevitable Creep, Mark Mckenna
Criminal Trademark Enforcement And The Problem Of Inevitable Creep, Mark Mckenna
Journal Articles
This Article, delivered as the 2017 Oldham Lecture at the University of Akron School of Law, focuses on the federal Trademark Counterfeiting Act (TCA), the primary source of federal criminal trademark sanctions. That statute was intended to increase the penalties associated with the most egregious form of trademark infringement — use of an identical mark for goods identical to those for which the mark is registered and in a context in which the use is likely to deceive consumers about the actual source of the counterfeiter’s goods. The TCA was intended to ratchet up the penalties associated with counterfeiting, but …
Introduction: Negotiating Ip's Boundaries In An Evolving World, Stephen Yelderman
Introduction: Negotiating Ip's Boundaries In An Evolving World, Stephen Yelderman
Journal Articles
The common element of the articles that make up this Symposium Issue is a refusal to dismiss difficult questions with mechanical formality, to paper over the wrinkles that emerge when the simple models that function in the middle flounder at the edge. As this Symposium Issue will show, those wrinkles have a lot to tell us.