Law Commons^™

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.

Mark Mckenna Quoted In The Mac News World Article "Apple Breaks Legal Serve In Samsung’S Home Court.", Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Mac News World article Apple Breaks Legal Serve in Samsung’s Home Court on December 13. "Neither of these companies wants to give an inch because the cumulative effect of these cases is to make it as difficult on each other as possible," Mark McKenna, a professor at Notre Dame Law School, told MacNewsWorld.

Samsung Shares Fall After Apple Verdict (Quotes: Mark Mckenna) Washington Post Aug 27, 2012, Mark Mckenna

Mark P. McKenna

Samsung shares fall after Apple verdict article by Hayley Tsukayama quotes Mark McKenna in Washington Post Aug 27, 201. Yet while the jury noted some infringement based on hardware design, they also said that Samsung violated Apple’s software design patents — findings that could have wider repercussions for the smartphone market, said Mark McKenna, a professor at the University of Notre Dame, who specializes in intellectual-property law. “Apple made most of the case about the design patents, but Apple wins on its utility patent claims, which is more significant because it relates to the software,” McKenna said. “Design only goes …

"Who Owns Crimson And White?" (Quotes: Mark Mckenna) Wall Street Journal, Mark Mckenna

Mark P. McKenna

Who Owns Crimson and White? (Quotes: Mark McKenna) Wall Street Journal. Article by Allen Barra. Mark McKenna, a Notre Dame professor specializing in trademark law, is an amicus attorney for the case. In a phone interview last week, he said: "CLC and the university are using Daniel Moore as a test case. The bottom line is that Alabama and other schools want to control all the merchandise carrying an image associated with their schools. If they win, it isn't clear how far they could take this. If Daniel Moore isn't free to use an image from an Alabama game, how …

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 …

Mark Mckenna Quoted In Forbes Article On Apple Samsung Patent Trial, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Forbes article Apple Gets $290.5 Million In Damages From Samsung In Patent Penalty Review — But It’s Not Over Yet by Connie Guglielmo

Mark Mckenna Quoted In Usa Today Article Apple Gets $290m In Samsung Patent Dispute, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the USA Today article Apple gets $290 million in Samsung patent dispute by Scott Martin. "Today's damage award was much larger than Samsung had argued for, but still significantly less than the $400 million vacated by Judge Koh after the first trial," said Mark McKenna, a law professor at the University of Notre Dame.

Mark Mckenna Quoted In Google Scores Key Legal Victory In Books Lawsuit, Mark Mckenna

Mark P. McKenna

Mark McKenna quoted in the USA Today article by Scott Martin "Google scores key legal victory in books lawsuit" "This is a huge victory for Google, which had previously tried to resolve legal issues regarding Google Books by class-action settlement," says Mark McKenna, a law professor at the University of Notre Dame. Law professor McKenna says the decision vindicates Google's massive book-scanning project on fair use grounds, yielding unnecessary an elaborate proposed compensation structure for the effort. "The decision is sure to be appealed, as its implications are enormous," he says.

Mark Mckenna Quoted In The Guardian Article "Samsung Says $52m, Not $380m, Is Owed For Apple Patent Infringement, Mark Mckenna

Mark P. McKenna

Mark McKenna quoted in The Guardian article by Charles Arthur "Samsung says $52m, not $380m, is owed for Apple patent infringement. “Most cases with these enormous stakes would have settled by now – particularly once the court ordered a new trial on damages, which could substantially increase or decrease the damage award," McKenna said by email. "But once the court took off the table the possibility of an injunction (which would have taken Samsung products off the market), the risk to Samsung was significantly lower, reducing its incentive to settle. And Apple wants something significant to show for its efforts. …

Mark Mckenna Quoted In Ap Article On Apple, Samsung Trial, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Associated Press article by PAUL ELIAS Apple, Samsung resume court battle over smartphone patents as trial opens in Silicon Valley "Most cases with these enormous stakes would have settled by now — particularly once the court ordered a new trial on damages, which could substantially increase or decrease the damage award," said Notre Dame law school professor Mark McKenna, who specializes in technology. But McKenna said a key incentive for both companies to reach a settlement was removed by U.S. District Judge Lucy Koh when she refused to ban U.S. sales of the Samsung …