Education

University of Virginia School of Law (J.D.)

University of Notre Dame (B.A., magna cum laude)

Admissions

The State Bar of Illinois

U.S. Courts of Appeals:

• 2nd Circuit
• 5th Circuit
• 9th Circuit
• Federal Circuit

U.S. District Courts:

• N.D. Illinois

Representative Matters

LKQ Corp. v. GM Global Technologies, 102 F.4th 1280 (Fed. Cir. 2024)

Won landmark en banc appeal in the Federal Circuit for global auto-parts manufacturer LKQ Corp., where LKQ prevailed and the Federal Circuit reversed more than 40 years of precedent on design patent obviousness.

The Pennsylvania State University v. Vintage Brand, LLC

Representing sportwear purveyor Vintage Brand in federal trademark infringement suit brought by Penn State in the Middle District of Pennsylvania over Vintage Brand's use of public domain images on t-shirts and related merchandise.

Abercrombie & Fitch Co., et al. v. Hatley USA, Inc.

Represented Canadian global apparel purveyor, Hatley, in New York federal court in longstanding trademark dispute with Abercrombie & Fitch regarding the companies' respective moose designs, resulting in confidential settlement.

Hermès International, et al. v. Rothschild

Represented artist Mason Rothschild in federal trademark infringement suit brought by Hermès regarding Rothschild's MetaBirkins artworks and associated NFTs.

March Madness Athletic Association v. Netfire, Inc., 310 F. Supp. 2d 786 (N.D. Tex. 2003), aff'd (5th Cir. 2005)

Represented NCAA and Illinois High School Association in trademark infringement case against parties that registered domain name marchmadness.com and built a website focused on the NCAA tournament.

Brief of Amici Curiae Trademark Law Professors in Opposition to Certiorari, Jack Daniel’s Properties, Inc. v. VIP Products, LLC (Supreme Court of the United States 2020) (with Rebecca Tushnet)

Brief of Amici Curiae Trademark Law Professors in Support of Defendants-Appellees, Stouffer v. National Geographic Partners, LLC (10th Cir. 2020) (with Mark A. Lemley and Rebecca Tushnet)

Brief of Amici Curiae Trademark Law Professors in Support of Defendant-Appellee, LTTB LLC v. Redbubble, Inc. (9th Cir. 2020) (with Rebecca Tushnet)

Brief of Amici Curiae Trademark Law Professors in Opposition to Motion for Rehearing En Banc, VIP Products LLC v. Jack Daniel’s Properties, Inc. (9th Cir. 2020) (with Mark A. Lemley and Rebecca Tushnet)

Brief of Trademark Scholars as Amici Curiae in Support of Neither Party, United States Patent and Trademark Office v. Booking.com (Supreme Court of the United States 2020) (with Rebecca Tushnet)

Lead Author, Brief of Amici Curiae Intellectual Property Law Professors in Support of Defendants-Appellees, Dr. Seuss Enterprises, L.P. v. ComicMix LLC (9th Cir. 2019)

Brief Amici Curiae of 32 Intellectual Property Law Professors in Support of Appellees’ Petition for Panel Rehearing and Rehearing en Banc, Gordon v. Drape Creative, Inc. (9th Cir. 2018) (with Mark A. Lemley and Rebecca Tushnet)

Brief of Amici Curiae Intellectual Property Law Law Professors, Daniels v. FanDuel, Inc. (Indiana Supreme Court 2018) (with Rebecca Tushnet)

Brief of Amici Curiae on Behalf of Intellectual Property Professors in Support of Appellant, American Society for Testing and Materials v. Public.Resource.Org, Inc. (D.C. Cir. 2017) (with Rebecca Tushnet)

Brief of Amici Curiae Intellectual Property Law Professors in Favor of Judgment as a Matter of Law, ZeniMax Media Inc. v. Oculus VR, LLC (Northern District of Texas 2017) (with Rebecca Tushnet)

Brief of Amici Curiae Intellectual Property Law Professors, Star Athletica L.L.C. v. Varsity Brands, Inc. (Supreme Court of the United States 2016) (with Mark A. Lemley, Christopher Jon Sprigman, and Rebecca Tushnet)

• Cited at 137 S.Ct. 1002, 1032 (2017) (Breyer, J. dissenting)

Brief of Amici Curiae Intellectual Property Law Professors, Tobinick v. Novella (11th Cir. 2016) (Rebecca Tushnet, Lead Author)

Brief Amici Curiae of 37 Intellectual Property Professors in Support of Petition for Certiorari, Samsung Electronics Co., Ltd. v. Apple Inc. (Supreme Court of the United States 2016) (with Mark A. Lemley)

Lead Author, Brief of Amici Curiae Intellectual Property Law Professors in Support of Appellees, Phoenix Entertainment Partners v. Dannette Rumsey and Basket Case Pub (7th Cir. 2015)

Brief of Amici Curiae Law Professors in Support of Defendant-Appellee National Football League, Dryer v. National Football League (8th Cir. 2015) (with Rebecca Tushnet)

Lead Author, Brief of Amici Curiae Intellectual Property Law Professors in Support of Appellees Canton Phoenix, Inc. and Bing Pan Zhu, Slep-Tone Entertainment Corp. v. Canton Phoenix Inc. (9th Cir. 2015)

Lead Author, Brief of Amici Curiae Intellectual Property Law Professors in Support of Appellant Lubecore International, Inc. and Reversal, Groeneveld Transport Efficiency, Inc. v. Lubecore International, Inc. (6th Cir. 2012)

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 Cir. 2010)

Prior Affiliations

• Notre Dame Law School, John P. Murphy Foundation Professor of Law (2018–2021); Notre Dame Presidential Fellow (2012–2018); Professor of Law (2011–2018); Associate Professor (with tenure) (2008–2011); Visiting Associate Professor (Spring 2008)

• Of Counsel, Richards Patent Law (2017-2019)

• Turin University-WIPO Master of Laws in Intellectual Property Program, Visiting Lecturer (2021, 2018, and 2017)

• University of Toronto Faculty of Law, Distinguished Visiting Faculty (Spring 2012)

• Stanford Law School, Edwin A. Heafy Jr. Visiting Professor of Law (Fall 2010)

• Saint Louis University School of Law, Assistant Professor (2003–2008)

• Associate, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson (2000–2003)

Memberships & Public Service

• Reporter, Seventh Circuit Committee on Pattern Civil Jury Instructions (2020-present)

• CLIC Affiliate, Northeastern University School of Law, Center for Law, Innovation and Creativity (2020–present)

• Elected member of the American Law Institute (2018–present)

• Research Affiliate, Chicago-Kent College of Law Center for Design, Law & Technology (2017–present)

• Public Record Media, Advisory Board Member (2014–present)

• Academic Committee Member, International Trademark Association (2016–2018)

• Advisory Committee Member, Indiana Conference for Legal Education Opportunity (2013–2015)

• Chair, Intellectual Property Section, Association of American Law Schools (2011)

• Intellectual Property Advisory Committee Member, Obama for America (2008)

• Member, Board of Directors, St. Louis Volunteer Lawyers and Accountants for the Arts (2005–2008)

Publications

A bibliography of Mark’s publications can be found at https://law.ucla.edu/faculty/faculty-profiles/mark-mckenna.