Roundup Not Ready
By Mark McKenna In another example of trademark enforcement on steroids, we have Monsanto’s recent demand that the author of the Bitter Greens Journal blog stop using Roundup Ready as…
More on Rappers and Car Dealers
By Mark McKenna In the name of not being left out of the interesting discussion about Snoop Dogg’s trademark lawsuit against Gary Barbera (not to be confused with Hannah Barbara,…
Rappers, Car Dealer Ads, and Expansive Interpretations of Trademark Law
…is the dealer’s trademark use/infringement of a trademark right owned by Snoop Dogg? The photo + nonsense phrases of “-izzle” = trademark infringement of the trademark “Snoop Dogg”? I don’t…
Blizzard and Arizona Cartridge
…that Lexmark’s ability to contract for different numbers of uses of a product might enhance welfare, I think that may be a function of the particular market for Lexmark’s product….
Fair use and documentaries
…no market for licensing to documentary film makers and thus no effect on a potential market. But of course we can say that about any sub-market, with the possible exception…
Guest Blogger Mark McKenna
I’m pleased to introduce Mark McKenna as a guest blogger. Mark is an Assistant Professor of Law at St. Louis University School of Law, where he teaches IP courses and…
Gripers 1, Initial Interest Confusion 0–Lamparello v. Falwell
…this is technically true, this is a confusing statement. Almost all trademark infringement cases take place in the context of one party using a trademark for financial gain because of…
GEICO v. Google Opinion (Finally) Issued
…“GEICO” also refutes the allegation that the use of the trademark as a keyword, without more, causes a likelihood of confusion.” FN 15 is interesting because it suggests that the…
Search Tidbits from ABA Annual Meeting
…imagine the feeding frenzy that would take place in the US if TM owners thought that they could win a TM case against Google. 2) In the Q&A, Mark Partridge…
Shocking Revelations About BitTorrent
By Mark Schultz Ernest Miller, Ed Felten, and I (clearly the lesser blogger of the three) have been blogging about what happens to BitTorrent after Grokster. Ernie Miller has discovered…