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

www.GuidingRights.com

More Info at Our Main Site

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  ICANN Decision Finds MasterCard mark is well known worldwide
A recent decision of ICANN UDRP panel orders transfer of domain name <mastercreditcard.com> to MasterCard, finding that "Complainant's mark is well known worldwide."  MasterCard International v. Bankrate, Case No. D2008-0704 (WIPO, July 29, 2008)(Donahey, M. Scott).

The Panel also states:

Respondent registered the mark at issue at a time when Complainant’s mark had attained world wide fame, and Respondent could not have been unaware of Complainant’s mark. Respondent used the domain name at issue to resolve to a web site on which links to Complainant’s competitors as well as to Complainant were posted. . . . The Panel finds ...   more »
View Article  Seven Pattishall Trademark Attorneys Picked for Who's Who Legal Illinois 2008
Who's Who Legal Illinois 2008 Lists 19 Trademark Attorneys.  Seven of the nineteen lawyers listed are partners at Pattishall, McAuliffe:

Ray Geraldson
David Hilliard
Jerry McAuliffe
Janet Marvel
Robert Sacoff
Joseph Welch
and
Mark Partridge

Selections are based on interviews of in-house and outside counsel.  We're pleased
to be selected by our peers for this recognition.
   more »
View Article  Five Steps to Prevent Your Employees from Selling Your Out: How to Avoid Employee Misuse of IP
Do you know any employees who are unhappy?  Who feel they aren't being treated right?  Who want to show the company a thing or two?  Perhaps they're like Joya Williams.

Her story starts at a Thanksgiving dinner in 2005 in Georgia.  Joya Williams pulled family friend Edmund Duhaney away from the turkey, greens and candied sweet potatoes.  She wanted to talk about something in private.
 
Joya Williams worked at Coca-Cola as an executive assistant.  She was upset.  They weren't treating her right.  And she wanted to do something about it.  She showed Duhaney confidential Coca-Cola marketing documents.  She showed ...   more »
View Article  Heartland Angels Hosts Trade Secret Litigators
Heartland Angels, a Chicago-area private equity network, presented an evening panel discussion on trade secret issues for early stage companies on June 30, 2008.  The panel discussion was led by Bill Howard at Freeborn & Peters, the host site for the event.  I was pleased to be included on the Panel with other trade secret litigators - Ken Dort from McGuire Woods and Chris Paetsch from Seyfarth Shaw.

I encourage business leaders to take four key steps to protect internal confidential information such as contact details, customer requirements and pricing information:

1.  Include confidentiality clauses in employment contracts.
2.  ...   more »
View Article  EBay Ordered to Pay LVMH $61 Million for Counterfeit Goods
A French court has awarded LVMH $61 million in counterfeit case against eBay.  Read more here.
   more »
View Article  ICANN Opens Applications for New Generic Top Level Domains
At its Board meeting on June 25, ICANN decided to open the gTLD space to new applications subject to tests yet to be established.  Expected to begin in mid-2009, this may be largest expansion of the domain name space since the original introduction of gTLDs and ccTLDs.  Read more here.
   more »
View Article  SHRM Hosts Chicago Trademark Attorney at Annual Meeting
The Society for Human Resource Management or SHRM held its annual convention in Chicago this week.  I was honored to be invited to make a presentation on "HR's Role in Guiding Employees to Avoid Infringement." 

I urged the attendees to consider four key areas of best practices:

1.  Include intellectual property guidelines in employee manuals.  Topics should include confidentiality, ownership of intellectual capital, use of Internet, domain names, brand use guidelines, use of content created by others, to name a few.

2.  Conduct ongoing internal employee training about intellectual property issues.  Employees benefit from a basic understanding of intellectual property ...   more »
View Article  Potbelly's Tips For Building a Great Brand
I attended Crain's Annual Entrepreneurs Luncheon this week at the Ritz-Carlton Hotel in Chicago.  The speaker was Bryant Keil, Chairman and CEO at Potbelly Sandwich Works.  Keil has turned POTBELLY into a great brand (first choice of my kids for fast food).  His speech provided these tips for building a great company and brand:

1.  Be true to yourself.  Trust your instincts.

2.  Have a sense of quality.  Don't chase trends.  Do the best thing, not the cheapest.

3.  Hire the best people.  Hire nice people.

4.  Be ahead of the curve.  Keep moving forward.

5.  Loyalty is everything, with ...   more »
View Article  Welcome Summer Associates!
Two new summer associates have arrived this week: Katie McGavin at Northwestern Law School and Meredith Monroe at University of Michigan Law School.  We will welcome them Wednesday night over dinner at OTOM, a remarkable new restaurant from the owners of MOTO, previously mentioned in this blog in connection with food patents.  I look forward to working with Katie and Meredith on a variety of projects this summer including ICANN and ADR matters.
   more »
View Article  Are Your Employees Selling You Out? June 12 John Marshall Law School FREE

Are Your Employees Selling You Out?

Your Role in Guiding Employees

to Avoid Infringement and Lost Rights


Noon to 1:30 pm June 12,  2008

John Marshall Law School


In 2006, a Coca-Cola employee offered company secrets for sale to competitors for $1.5 million.  Last year, she was sentenced to eight years in jail.  Could this happen to your clients or your company?  Are you sure? 

 

Employee misuse of copyrights, trademarks and trade secrets is on the rise in the Internet Age, posing a serious risk of lost rights, crippling liability, damage awards and destroyed business relationships.  In fact, a ...   more »

View Article  Persistence Pays for Victoria's Secret in 10-year Old Trademark Dispute
A federal district court has decided in favor of Victoria's Secret in Supreme Court follow up:
http://www.msnbc.msn.com/id/24760241/from/ET/
   more »
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.
   more »
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
   more »
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 »
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Mark VB Partridge
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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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