Mark McKenna
Professor of Law
Notre Dame Presidential Fellow
Office: 3120 Eck Hall of Law
Phone: 574.631.9258
Fax: 574.631.4197
Email: markmckenna@nd.edu
Staff Assistant: LuAnn Nate
CV: View
SSRN: View
Mark P. McKenna teaches and writes in the area of intellectual property. Professor McKenna is widely recognized as a leading scholar in the trademark area, having published a number of articles in leading law journals on the topic of trademark law. He has also written about copyright law, the right of publicity, and the intersection of intellectual property rights regimes. Some of his latest projects deal with concerns about intergenerational equity in intellectual property and the role of the placebo effect in intellectual property policy.
Professor McKenna joined the Notre Dame Law School faculty on a permanent basis in the Fall of 2008 after visiting for a semester in the Spring of 2008. Prior to joining the faculty, Professor McKenna was a member of the faculty at Saint Louis University School of Law and practiced law with an intellectual property firm in Chicago, where he primarily litigated trademark and copyright cases. He graduated from the University of Notre Dame in 1997 with a degree in Economics and earned his J.D. from the University of Virginia School of Law in 2000.
In addition to various intellectual property courses, Professor McKenna teaches the first year Torts class and has previously taught Civil Procedure.
Courses Taught
LAW60901, TortsLAW70134, Intellectual Property Survey
LAW70128, Copyright
LAW70137, Trademarks & Unfair Competition
Scholarship
BooksTHE LAW OF INTELLECTUAL PROPERTY (with David Barnes, Craig Nard, and Michael Madison) (Aspen Law & Business, Third Edition forthcoming 2011).
Law Review Articles
A Consumer Decision-Making Model of Trademark Law, 97 VIRGINIA LAW REVIEW _
(forthcoming 2012).
Undefined Markets in IP Cases, 100 GEORGETOWN LAW JOURNAL _ (forthcoming 2012) (with Mark A. Lemley) (invited contribution to 100th Anniversary Volume)
Is Pepsi Really a Substitute for Coke? Market Definition in Antitrust and IP, 100 GEORGETOWN LAW JOURNAL 2055 (2012) (with Mark A. Lemley) (100th Anniversary Volume)
Owning Mark(et)s, 109 MICH. L. REV. 137 (2010) (with Mark A. Lemley)
Irrelevant Confusion, 62 STAN. L. REV. 413 (2010) (with Mark A. Lemley).
Testing Modern Trademark Lawâs Theory of Harm, 95 IOWA L. REV. 63 (2009).
Trademark Use and the Problem of Source, 2009 U. ILL. L. REV. 773 (2009).
The Normative Foundations of Trademark Law, 82 NOTRE DAME L. REV. 1839 (2007); reprinted at 97 TRADEMARK REP. 1126 (2007).
The Right of Publicity and Autonomous Self-Definition, 67 U. PITT. L. REV. 225 (2005).
Book Chapters and Symposium Contributions
Dastar’s Next Stand, 19 JOURNAL OF INTELLECTUAL PROPERTY LAW _ (forthcoming 2012) (invited contribution to The Future of Intellectual Property Law symposium)
(Dys)functionality, 48 HOUSTON LAW REVIEW (forthcoming 2012) (invited contribution to University of Houston Law Center Institute for Intellectual Property & Information Law Santa Fe Conference, Trademark: Today and Tomorrow)
Trademark Law's Faux Federalism, in INTELLECTUAL PROPERTY AND THE COMMON LAW (Cambridge University Press, forthcoming 2012) (invited contribution to University of Pennsylvania Law School symposium on Intellectual Property and the Common Law)
Probabilistic Knowledge of Third-Party Trademark Infringement, 2011 STANFORD TECHNOLOGY LAW JOURNAL _ (forthcoming) (invited contribution to symposium on Secondary and Intermediary Liability on the Internet)
Intergenerational Progress, 2011 WISC. L. REV. 123 (with Brett Frischmann) (invited contribution to Wisconsin Law Review symposium on Intergenerational Equity and Intellectual Property)
Back to the Future: Rediscovering Equitable Discretion in Trademark Cases, 14 LEWIS & CLARK L. REV. 537 (2010) (invited contribution to Business Law Forum on Intellection Property Remedies)
An Alternate Approach to Channeling?, 51 WM. & MARY L. REV. 873 (2009) (invited contribution to conference on The Boundaries of Intellectual Property);
Teaching Trademark Theory Through the Lens of Distinctiveness, 52 ST. LOUIS U. L.J. 843 (2008) (contribution to annual teaching edition)
What's the Frequency Kenneth? Channeling Doctrines in Trademark Law, in INTELLECTUAL PROPERTY AND INFORMATION WEALTH (Peter Yu, ed., Praeger Press 2007)
Intellectual Property, Privatization and Democracy: A Response to Professor Rose, 50 ST. LOUIS U. L.J. 829 (2006) (invited contribution to Childress Lecture program)
The Rehnquist Court and the Groundwork for Greater First Amendment Scrutiny of Intellectual Property, WASH. U. J.L. & POLâY 11 (2006) (invited contribution to conference on The Rehnquist Court and the First Amendment)
Works-in-Progress
The Failure (and Promise) of Limiting Doctrines in Trademark Law (with Bill McGeveran) (work-in-progress)
The Placebo Effect in Intellectual Property (with Christopher Sprigman)
Shortsightedness in IP (with Brett Frischmann) (work-in-progress)
An Empirical Study of Federal False Advertising Cases (work-in-progress) (with Deborah Gerhardt and Kevin McGuire)
Other Writing
Lead Author, Brief of Amici Curiae Intellectual Property Law Professors in Support of Appellant, Board of Trustees of the University of Alabama v. New Life Art, et al. (11th Circuit 2010)
Areas of Expertise
- Copyright Law
- Intellectual Property Law
- Torts
- Trademarks
In the News
Court: Reselling Books Bought Abroad Isn't A Copyright Violation - (Quotes: Mark McKenna), NPR’s Morning Edition March 20, 2013Colin Kaepernick defends move to protect personal brand - USA Today - February 4, 2013
The Problem of Genericide in Trademarks (Quotes: Mark McKenna) Legalzoom, September 2012
Should Google Be Running Scared From Apple? (Quotes: Mark McKenna) Wired Aug 28, 2012
With Samsung win on Galaxy Tab, judge may reconsider U.S. ban (Quotes: Mark McKenna) Reuters Aug 27, 2012
Samsung shares fall after Apple verdict (Quotes: Mark McKenna) Washington Post Aug 27, 2012
Apple verdict could alter future of tablet, phone design (Quotes: Mark McKenna) Fox News.com and USA Today Aug 27, 2012
Apple jurors grappled with complex patent issues (Quotes: Mark McKenna) Associated Press, Aug 26, 2012
Apple-Samsung Jury Foreman Says Google E-Mail Persuasive (Quotes: Mark McKenna) Bloomberg/Businessweek, Aug 26, 2012
Apple vs. Samsung: Three possible outcomes(Quotes: Mark McKenna) CNN Money, Aug 24, 2012
Apple v Samsung: Five experts, five questions (Quotes: Mark McKenna) Computerworld, Aug 22, 2012
Who Owns Crimson and White? (Quotes: Mark McKenna) Wall Street Journal, March 22, 2012
Free Speech vs. Infringement in Suit on Alabama Artwork (Quotes: Mark McKenna) New York Times, January 30, 2012
Kohler Co. steamed over Arizona firm’s name Salon school makes change to avoid trademark suit (Quotes: Mark P. McKenna) Milwaukee Journal Sentinel, Jan. 24, 2012
Don’t Stop at SOPA (Opinion by: Mark P. McKenna) Slate.com, January 20, 2012
Featured on NDLS home page: Mark McKenna – January 26, 2009