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Intellectual Property Law

Selected Works

Mark P. McKenna

2013

Copyright

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Full-Text Articles in Law

Court: Reselling Books Bought Abroad Isn't A Copyright Violation - (Quotes: Mark Mckenna), Npr’S Morning Edition, Mark Mckenna Dec 2013

Court: Reselling Books Bought Abroad Isn't A Copyright Violation - (Quotes: Mark Mckenna), Npr’S Morning Edition, Mark Mckenna

Mark P. McKenna

Court: Reselling Books Bought Abroad Isn't A Copyright Violation interview by Dan Bobkoff quotes Mark McKenna, NPR’s Morning Edition March 20, 2013 DAN BOBKOFF, BYLINE: Once you buy a book in the U.S., you're free to lend it, throw it away or sell it. This is called the First Sale Doctrine, says law professor Mark McKenna of Notre Dame. MARK MCKENNA: This is why there are used book stores. BOBKOFF: But the question at stake in this case was whether that still applies to products sold and made in another country. Grad student Supap(ph) Kirksang(ph) made tens of thousands of …


What's The Frequency, Kenneth? Channeling Doctrines In Trademark Law, Mark Mckenna Nov 2013

What's The Frequency, Kenneth? Channeling Doctrines In Trademark Law, Mark Mckenna

Mark P. McKenna

This paper was published as a chapter in Intellectual Property and Information Wealth (Peter Yu, ed., Praeger 2007). The chapter describes several doctrines that courts have developed to limit the scope of trademark protection where there is a risk of interference with the patent or copyright schemes. It also suggests that courts have in some cases overemphasized the subject matter of protection and underemphasized parties' ability to use trademark law to capture the types of economic benefits for which patent and copyright protection are presumed necessary.