14,084 research outputs found
Kohler Co. steamed over Arizona firm’s name Salon school makes change to avoid trademark suit (Quotes: Mark P. McKenna) Milwaukee Journal Sentinel
No full textKohler 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.\u27s assertions a pretty aggressive use of their trademark rights.
He said infringement requires the likelihood that consumers will be confused, in this case thinking Kohler Academy was connected to Kohler Co. That doesn\u27t strike McKenna as an obvious conclusion.
Although Kohler\u27s a pretty well-known trademark, most people - at least my sense is - that they associate it with plumbing, with faucets, he said
The Problem of Genericide in Trademarks (Quotes: Mark McKenna) Legalzoom, September 2012
No full textThe 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 relations of doing so,” according to McKenna
Mark McKenna quoted in AP article on Apple, Samsung trial
No full textMark 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 products the first jury found infringed Apple\u27s patents.
No matter the outcome, McKenna and other experts expect the loser to appeal
Free Speech vs. Infringement in Suit on Alabama Artwork (Quotes: Mark McKenna) New York Times
No full textFree 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
Supporting Data for: McKenna et al. (2018), Arctic sea-ice loss in different regions leads to contrasting Northern Hemisphere impacts
No full textThis is a dataset of output from version 4 of the Reading Intermediate Global Circulation Model (IGCM4) that was used in the article:
McKenna, C. M., Bracegirdle, T. J., Shuckburgh, E. F., Haynes, P. H., & Joshi, M. M. (2018). Arctic sea ice loss in different regions leads to contrasting Northern Hemisphere impacts. Geophysical Research Letters, 45, 945-954. https://doi.org/10.1002/2017GL076433
Files required to setup the IGCM4 simulations are given in the directory 'IGCM4_setup'.
All other directories contain netcdf files of timeseries of various monthly mean fields for each IGCM4 simulation (see paper for details on these simulations). The available variables are:
ua: zonal winds
zg: geopotential height
ts: surface temperature
hfls, hfss, rlds, rlus: surface heatfluxes
Flat, Fz, divF: Eliassen-Palm flux vectors and their divergence (only for months November-February)
The ua and zg variables are given for different pressure levels indicated in the filenames (e.g., ua500 is ua at 500 hPa). ua is additionally given in terms of the zonal mean with latitude and pressure. zg is additionally given in terms of longitude and pressure, averaged over latitudes between 60N-80N. All files follow CF conventions in terms of metadata, variable names, etc.
Note that the CTL, ATL, PAC, and ATLandPAC simulations were all run continuously in time (i.e., every year starts from the end of the previous year). The 0.5ATL and 0.5PAC simulations, however, were run for 300 years in three separate 100-year chunks (i.e., the initial conditions used to start each 100-year chunk were different). The three 100-year chunks have been appended together in the netcdf files
Pioneers in Cardiac Surgery With John McKenna
No full textLeanne Harling of Imperial College in London, UK, interviews
John McKenna of Edinburgh, UK, about his experience in the device industry side
of cardiothoracic surgery. They discuss the history of replacement heart valve
development and current challenges that face the development of technology,
both generally and in the UK. Mr McKenna emphasizes the importance of
collaboration between engineers and surgeons and the continuing need for
innovation even where there is little commercial gain.John McKenna is a nonexecutive board member and advisor to
various medical device companies.</p
Should Google Be Running Scared From Apple? (Quotes: Mark McKenna) Wired Aug 28, 2012
No full textShould 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
Mark McKenna quoted in Google scores key legal victory in books lawsuit
No full textMark 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\u27s 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
Court: Reselling Books Bought Abroad Isn\u27t A Copyright Violation - (Quotes: Mark McKenna), NPR’s Morning Edition
No full textCourt: Reselling Books Bought Abroad Isn\u27t 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\u27re 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 dollars having his family buy textbooks in his native Thailand and them selling them to Americans at a profit. The publishing company John Wiley and Sons sued him for copyright infringement. But the Supreme Court ruled in his favor, saying the First Sale Doctrine applies no matter where the product was bought.
McKenna says the majority was thinking about more than just textbooks. If the case had gone the other way...
MCKENNA: You know, you might not be able to resell your car if your car is manufactured abroad, because it has a lot of copyrighted things in it
Apple vs. Samsung: Three possible outcomes (Quotes: Mark McKenna) CNN Money
No full textApple 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
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