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2 May 2025, 9:02 am by Rebecca Tushnet
Work by Alex Roberts, Jeremy Sheff, Mark Lemley, Mark McKenna and others has also looked at this question [read post]
13 Apr 2013, 7:51 am by Rebecca Tushnet
  There are less than 500 nonvisual marks in the PTO data. [read post]
16 Nov 2016, 6:35 am by Rebecca Tushnet
At Jotwell, here.  Thanks for the kind review!http://tushnet.blogspot.com/feeds/posts/default?alt=rss [read post]
12 Apr 2013, 9:14 am by Rebecca Tushnet
  (McKenna Q: is there a clear distinction?)  Identifies a business: trade name. [read post]
17 Nov 2011, 7:33 am by Rebecca Tushnet
Taking Its Proper Rank: The Next 100 Years of Academic Scholarship at Georgetown LawMark McKenna: what [read post]
31 Mar 2017, 7:49 am by Rebecca Tushnet
, but maybe it’s higher for weak marks too because they simply don’t know the mark; there [read post]
1 Jan 2013, 3:51 pm by Rebecca Tushnet
  As Mark McKenna has argued, "utilitarian" functionality and "aesthetic" functionality [read post]
24 Jun 2022, 4:36 am by Rebecca Tushnet
Introduction:   Mark McKenna: This is a conversation about what it means to be a TM and what [read post]
10 Jun 2016, 9:16 am by Rebecca Tushnet
McKenna: think more broadly about remedies and relation b/t TM and unfair competition, if remedies are [read post]
9 Jun 2016, 2:01 pm by Rebecca Tushnet
When we think about shape marks/trade dress, they’re almost invariably limping TMs, with other [read post]
17 Mar 2020, 10:29 am by Camilla Hrdy
I really enjoyed the final version of Brett Frischmann and Mark McKenna's article, "Comparative [read post]
22 Feb 2013, 7:07 am by Rebecca Tushnet
  (And over time consumers will learn that newspapers etc. can use marks at will.) [read post]
9 Apr 2014, 8:31 am by Rebecca Tushnet
I predict that Mark Lemley will not like this decision but that Mark McKenna will.Boston Cab Dispatch [read post]
16 Oct 2020, 10:25 am by Rebecca Tushnet
If consumers grow to perceive a term primarily as a brand name, it should be protected as a mark. [read post]
28 Feb 2014, 2:48 pm by Rebecca Tushnet
  McKenna: Bone’s story makes tarnishment and blurring sound the same: both are about affecting [read post]
12 Apr 2013, 12:01 pm by Rebecca Tushnet
  But incontestability, for example, could exist without registration, as long as the mark had been [read post]
22 Feb 2013, 11:45 am by Rebecca Tushnet
but how consumers think about the mark. [read post]
3 May 2025, 8:22 am by Rebecca Tushnet
Lemley: use of a mark v. use of the identical lexical content of the mark—is that a useful distinction [read post]