My Famous Blog Post (R)
By Mark McKenna A couple of days ago I received an email from Restoration Hardware advertising its Famous Fall Lighting Sale(R). On top of my mild annoyance at yet another…
Why I hope Google loses
By Mark McKenna The blogosphere is abuzz with discussion of the Authors Guild’s lawsuit against Google. See here, here, and here, in addition to Eric’s post here. UPDATE: this post…
Branded products as ingredients
By Mark McKenna Brett Frischmann tells a story about trying to buy his son a cookie with M&M’s on it and having the person working at the cookie stand insist…
More on Shortsightedness
By Mark McKenna Guest blogger Brett Frischmann has a really good post over at madisonian.net. He argues that at least some of the problems New Orleans has experienced in the…
When a guitar is just a guitar
By Mark McKenna The 6th Circuit today released an interesting decision restricting the application of initial interest and post sale confusion doctrines, at least in the context of product configuration….
IP and Cognitive Psychology
By Mark McKenna William Patry has an interesting post over at his blog about how courts go about determining substantial similarity in copyright infringement actions. The post resonated with me…
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….