Amazon Pages and Google Library’s Fair Use Defense
…announcement have any effect on Google’s fair use arguments for its Google Library project? (My previous comments on Google Library, and Mark McKenna’s). A key fair use factor is the…
Rothman on Initial Interest Confusion
…confusion ‘doctrine’ to address any harm that may result from the unauthorized use of another’s mark on the Internet to capture consumer attention. Traditional remedies available in trademark law suffice.”…
WhenU Opposition to 1-800 Contact’s Certiorari Petition
…the “covert” use of a trademark can never support an infringement claim. But the Second Circuit did not rule that the unseen use of a trademark can never be infringing;…
Product Placement and the Apprentice TV Show
…got there. More importantly, we have tolerated many types of quasi-marketing editorial content for decades. When a band does a live performance on Saturday Night Live (or the Ed Sullivan…
A Sharp Stick in the Eye of Trademark Law?
By Mark McKenna Over at his interesting blog (which Mark Schultz plugged a little while back), Grant McCracken has a post discussing modern marketing practices in terms of their “roundness”…
You Can’t Always Get What You Want
…a big mistake for marketers. Sometimes it’s hard to figure out what consumers are thinking, but sometimes it seems even harder to figure out marketers. Case in point: The new…
Women and Law School
By Mark McKenna If I told you that a famous professor from a well-known law school was arguing on his/her blog that law schools should consider discounting their tuition by…
Stealing Mickey’s Mojo
…Economics. McCracken is a very interesting and provocative anthropologist who studies popular culture and marketing. His work is uniquely insightful. He takes pop culture and marketing seriously, patiently seeking to…
You Don’t Know Jack
By Mark McKenna The Seattle Post-Intelligencer has a story about SparkNet’s attempts to enforce trademark rights in the name of a radio show format (SparkNet refers to the format of…
Schultz on Copyright, Social Norms and “Jam Bands”
By Eric Goldman Mark Schultz, a guest blogger here, has loaded his new paper Fear and Norms and Rock & Roll: What Jambands Can Teach Us about Persuading People to…