Trademarks, Copyright and the Internet, by Mark V.B. Partridge, Partner, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Chicago, Illinois

www.GuidingRights.com

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www.GuidingRights.com

Guiding Rights
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GUIDING RIGHTS: Trademarks, Copyright and the Internet, by Mark V.B. Partridge, explains the trademark and copyright principles guiding rights on the Internet in clear and accessible terms.

$24.95 hard cover; $14.95 paperback
ISBN: 0-595-65957-8

"This collection of short articles on a wide range of issues of copyright and trademark law, by one of the nation's most prominent trademark lawyers, manages to convey the nuance of the subject in language that is clear and immensely readable. This is a hugely versatile book. For scholars, the book contains valuable insights; law students will come to rely on it to explain difficult concepts in easy-to-understand terms; and practioners will be scanning it for help with some of the knottiest problems around."

Graeme Dinwoodie, Professor, Associate Dean and Director of the Program in Intellectual Property Law, Chicago-Kent, College of Law

ORDER BOOK HERE

"Guiding Rights is a unique presentation of information covering key concepts relating to the protection, enforcement and licensing of trademarks and copyrights. Mr. Partridge presents a well organized compilation of lessons that provide practical insight for understanding and handling many trademark and copyright issues that arise for companies in everyday life. Also the book discusses in a concise and effective manner the effect of significant cases from both the distant and recent past which helped shape important trademark and copyright principles."

Harrie Samaras, Attorney, Chair, Committee on Intellectual Property Organizations, AIPLA

ORDER BOOK HERE

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View Article  Smashing Pumpkins Smash Virgin Records with Law Suit
Smashing Pumpkins sue Virgin Records alleging unauthorized use of band's name, music and image in Pepsi commercial.  Read more at Crain's Chicago Business.
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View Article  Federal Judges Speak Out On Intellectual Property Litigation
Last month, the Young Lawyers Section of the Chicago Bar Association, hosted a program on intellectual property law, featuring three Federal Court Judges: Virginia Kendall, Rebecca Pallmeyer, and Matthew Kennelly.

The meeting closed with the following litigation mistakes and related nuggets of advice:

1.  Too many exhibits.  Focus on what you need to prove your case.

2.  Useless discovery.  You can get by with less.

3.  Lack of focus.  Make judgments about what is truly significant.  Be cost effective.

4.  Assuming that questions mean the judge doesn't understand.  Visit court and observe the judge.

5.  Missing the forest for the ...   more »
View Article  Datarecovery.con Sells for $1.7 million
ESS Data Recovery, Inc.of Edwardsville, Illinois aquires <datarecovery.com> for $1.7 million.  More
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View Article  "Cybersquatting: the Bottom Line" Chicago Bar Association Presentation
I recently spoke at the Chicago Bar Association on "Cyberquatting: the Bottom Line," focusing on the money being generate by the legitimate and infringing use of domain names by "cyber-entrepreneurs." 

A copy of the presentation slides are available on the resources page of my GuidingRights.com site.

This was a reprise of program presented last year at IICLE as part of "Hot Topics in Business Law."  The full course materials including video are available here at the IICLE site.
   more »
View Article  Buidling Your B.R.A.N.D. - The Guiding Rights Newsletter 2:1
Building and protecting your BRAND is a key facet of creating business success at all levels.  Whether you are the manager of a multi-national corporation, a middle-market B-to-B company, a creative professional or an emerging entrepreneur, your BRAND is a key to success.

So what is a BRAND?  The popular view is that a brand is merely a name or logo on a tube of toothpaste, a pack of chewing gum or a can of cola.  But the popular view is too small.

The concept of BRAND that concerns us here is far bigger, the symbol of all of the ...   more »
View Article  Naked Cowboy Sues M&Ms
Manhattan street star the Naked Cowboy claims M&Ms has infringed his trademark by using his likeness in advertising.  He wants $2m but where not sure where he'll keep it.  Read more here.
   more »
View Article  Yoko Sues Singer Over Use of Lennon
John Lennon's widow Yoko Ono has sued singer Lennon Murphy over the name LENNON.  John Lennon's son Julian sides with Lennon Murphy.

This case poses the often challenging questions: Does a person have a right to use their own name as a trademark if it is confusingly similar to another's name or mark?  And who has standing to complain?

Could Harrison Ford use his own last name as a brand for automobiles?

Could my Scottish friend Charters McDonald Brown open McDonald's restaurants selling McHaggis dinners?

More on LENNON available here.


   more »
View Article  Law Bulletin IP Seminar Features Pattishall Attorney
The Law Bulletin is hosting a seminar on "Corporate IP" in Chicago on February 19.  The program includes my partner Thad Chaloemtiarana on Licensing.  Aside from being my partner, Thad is one of the most knowledgeable experts on IP licensing, especially computer software and Internet based licensing, that I know.  More on the program available here.
   more »
View Article  Use of PROGRESSIVE Leads to Infringement Dispute
A paint and body shop in Crestview, Florida earns infringement suit from the Progressive insurance company over allegedly improper use of the Progressive logo.  Read more here.
   more »
View Article  ASCAP Sues Metropolis Radio Station; Pattishall Respresents Plaintiff
Copyright infringement.  It even happens in Superman's hometown - Metropolis.  My colleague Jared Solovay has filed suit for ASCAP against WRIK-FM in Metropolis, Illinois.  Read more in The Madison St. Clair Record.
   more »
View Article  Iconix Shows How To Make Money With IP Rights
Many businesses recognize that most of the value of their organization now involves intangible assets including IP.  Iconix Brand Group Inc. takes this a step farther.  It is an example of a business that has moved away from the old economy of manufacturing and selling goods and services to a business apparently based completely on the value of brands.  Iconix's entire business involves the ownership and licensing of consumer brands, such as RAMPAGE, JOE BOXER, LONDON FOG, OCEAN PACIFIC, MUDD, MOSSIMO and others.  It licenses the brands.  Others make and sell the products.  Iconix enjoys annual revenue of $80.7 million ...   more »
View Article  Howard Stern's Cousin Sues Over Bee Movie
Blomberg.com reports here that Howard Stern's cousin Richie Gerber, owner of BeeCeuticals LLC, has sued Dreamworks and Paramount for trademark infringement based on the slogan "give bees a chance" to promote the animated film "Bee Movie".  The mediator in me thinks they should "Give peace a chance."  The litigator in me wonders if Yoko Ono still has rights in "Give Peace A Chance."  But then, I'm easily confused (he writes with a wink).
   more »
View Article  Small Business Success - The Guiding Rights Newsletter 1:5
When I speak to business owners, entrepreneurs and CEOs, they often want to know how a small businesses can capitalize on intellectual property.  They wonder, is IP protection for big firms only?  What difference does IP make to them?  Sure, it's nice to know that IBM earns billions each year in royalty payments on its IP portfolio, but what about the rest of us?

Here's a small business success story built on IP rights.  It involves a small group of software developers led by a college drop-out.  Like many developers, they were hired to do ...   more »

View Article  Google Claims Victory in Settlement with American Blind
Google claims victory as a result of a settlement of the adword infringement claim brought by American Blind.  See New York Times report here.

Full report and copy of settlement agreement is available at Eric Goldman's Technology and Marketing Law Blog here.
   more »
View Article  Plagiarism, Fair Use and Infringement: The Meter Drops On Anthony Robbins - The Guiding Rights Newsletter 1:4
            When I speak on copyright and plagiarism, two key questions often arise:  First, how much does someone have to copy to be an infringer?  Second, how much do I risk if I copy someone else's work?  The answers are "not much" and "a lot."

            Here's a tale to illustrate the point.

             THE METER DROPS

 Wade B. Cook is a former taxi cab driver in New York City.  He did not spend his time watching soaps on a portable TV plugged into the cigarette lighter socket. Instead, he wrote.  In 1995 ...   more »

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Mark VB Partridge
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CONTACT INFORMATION

Mark V.B. Partridge
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
311 S. Wacker Drive Suite 5000
Chicago, Illinois 60606

312-554-8000

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