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More Info at Our Main Site Guiding Rights 
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 "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 HERELogin
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Monday, February 2
Trademark Search and Clearance
by
Mark VB Partridge
on Mon 02 Feb 2009 02:12 PM CST
One of the first and most common tasks of in-house trademark counsel is searching and clearing potential trademarks. While this is often considered a low-level function, it is one of counsel's most difficult tasks. Analyzing the body of data that results from a trademark search requires knowledge and experience, and the stakes can be high. The expenditure of millions for marketing may ride on counsel's decision and the potential loss from infringement litigation can be similarly high. For the risk adverse, these high stakes may encourage overly cautious opinions by inexperienced counsel. The client is best served ... more »
Selling Intellectual Property
by
Mark VB Partridge
on Mon 02 Feb 2009 12:42 PM CST
One of the key points of our class is that trademarks and other forms of IP are key business assets, not merely legal rights. The point is made well in an article by Ann Meyer entitled "Selling Intellectual Property" in the Chicago Tribune on February 2, 2008.
A copy of the article is available here.
The online article omits the punch line, however, which was included in the print edition:
"To fetch top dollar, intellectual property needs protection through a trademark, patent or copyright. And you have to be willing to enforce it if someone infringes on your rights." more »
Monday, January 26
John Marshall "Trademark Transactions" Course Focuses on Corporate Trademark Practice
by
Mark VB Partridge
on Mon 26 Jan 2009 02:08 PM CST
Today is the first day of the class I most enjoy teaching in Law School - Trademark Transactions" - a course on the transactional side of trademark law.
The course was originally created to focus on transactions involving trademarks - licenses, assignments, consent agreements, etc. Over time, as trademarks have evolved into increasingly valuable business assets, I've expanded to the focus of the course to deal with all aspects of managing trademarks as a business asset. The course covers all aspects of trademarks faced in Corporate Trademark Practice as seen during nearly 30 years of helping in-house counsel with knotty ... more »
Thursday, June 7
YBOR GOLD "Primarily Geographically Deceptively Misdescriptive"
by
Mark VB Partridge
on Thu 07 Jun 2007 10:00 AM CDT
YBOR GOLD for cigars is not entitled to registration as a trademark for cigars that do not come from the Ybor neighborhood of Tampa, Florida because the proposed mark would be "primarily geographically deceptively misdescriptive." See In re South Park Cigar Inc., 82 U.S.P.Q.2d 1507 (T.T.A.B. 2007)
more » Monday, August 14
Gentle Dental Settlement Shows Importance of Tradename Clearance
by
Mark VB Partridge
on Mon 14 Aug 2006 10:51 AM CDT
Monday, July 3
Sarbanes-Oxley and IP: What Your CEO Must Know
by
Mark VB Partridge
on Mon 03 Jul 2006 09:00 AM CDT
CONTINUED . . . We've explored for several weeks the relationship between Sarbanes-Oxley compliance and intellectual property management. There is emerging recognition that SOX imposes new corporate obligations relating to intellectual property. While Sarbanes-Oxley compliance is largely the domain of accountants and auditors, IP counsel can and should play a meaningful role. Under Sarbanes-Oxley, auditors are prohibited from providing legal opinions relating to the assets they audit, yet informed legal opinions are necessary for identifying, evaluating and maintaining IP assets and for insuring that management fulfills its obligations with respect to IP. What your CEO needs to know ... more » Monday, June 26
Sarbanes-Oxley and IP: Economic Impact
by
Mark VB Partridge
on Mon 26 Jun 2006 09:00 AM CDT
Continued . . . Economic Impact of Compliance Compliance with Sarbanes-Oxley is expensive. The initial SEC estimate was $91,000 per company. This has been shown to be woefully low.[1] A survey by CRA International disclosed that smaller companies ($75 to $700 million in market cap) faced average second-year SOX compliance costs of $860,000, down 31% from year one. Companies over $700 million faced year two compliance costs on average of $4.8 million, down 44%.[2] Strong criticism and call for reform and repeal has arisen claiming disaster. Compliance is wasteful and too expensive. ... more » Monday, June 19
Sarbanes-Oxley and IP: Best Practices for Compliance
by
Mark VB Partridge
on Mon 19 Jun 2006 09:00 AM CDT
CONTINUED . . . IP Compliance Obligations under Sarbanes-Oxley Intellectual property compliance obligations arise in at least these ways under Sarbanes-Oxley. First, the lesson of the intellectual asset management movement is that intellectual property is a material asset of most businesses. Therefore, it should follow that a CEO and CFO responsible for certifying the financial condition of a company must insure that there are systems in place to manage IP assets and to bring material changes to the attention of management. Second, the consequence of the GAAP changes by FASB regarding goodwill and intangible assets is that financial ... more » Monday, June 12
Sabranes-Oxley and IP: Three Trends Creating IP Obligations
by
Mark VB Partridge
on Mon 12 Jun 2006 09:00 AM CDT
CONTINUED . . . Three Trends Converge to Create IP Oversight Obligations Sarbanes-Oxley rises as a phoenix from the ashes of Enron. Yet, the application of the Act to intellectual property has origins predating the Enron scandal and can now be attributed to the convergence of three related trends. 1. The Intellectual Asset Movement[1] Intellectual property must be recognized as a major corporate asset. Beginning in the early 90's, there was growing recognition that financial reports dramatically under reported the large portion of total corporate value represented by intellectual assets. The gap can be seen ... more » Monday, June 5
Sarbanes-Oxley and IP: Growing Recognition that Sox Creates IP Obligations
by
Mark VB Partridge
on Mon 05 Jun 2006 09:00 AM CDT
I made a presentation last month at the John Marshall Law School 50th Annual Conference on Developments in Intellectual Property entitled "Sarbanes-Oxley: What Your CEO Must Know Now about IP." Here's a reprise of my comments. Sarbanes-Oxley What Your CEO Must Know Now about IP On July 30, 2002, during a signing ceremony not long after the initial Enron revelations, President Bush stated, "[m]y administration pressed for greater corporate integrity. And today I sign the most far reaching reforms of American business practices since the time of Franklin Delano Roosevelt." Thus Sarbanes-Oxley became the law of the land. ... more » Saturday, July 30
Reconsidering Madrid Protocol Trademark Applications
by
Mark VB Partridge
on Sat 30 Jul 2005 01:00 AM EST
The Madrid Protocol, adopted in the U.S. in 2003, is intended to facilitate filing for foreign trademark registration by allowing one application to be extended to 77 member countries, including the major market countries of China, Germany, Japan, U.K. and U.S. Despite this benefit, it has not been widely used by U.S. companies, for reasons explained in a recent article entitled "Missing the Mark" in the July 2005 issue of IP Law & Business. The article explains that a key reason many companies favor individual national applications over Madrid filings is the ability to cover a broader scope of goods ... more » Monday, January 24
Trademark Transactions Course Begins New Semester
by
Mark VB Partridge
on Mon 24 Jan 2005 07:29 PM EST
My Trademark Transactions LLM course started a new semester a John Marshall Law School in Chicago tonight. In our introduction, we discussed three guiding principles for taking the role of trademark counsel to a higher level. These principles no doubt apply to any business lawyer. 1. Understand the business model. Trademark lawyers need to do this to provide meaningful opinions. 2. Find ways to increase value. Trademark lawyers have may opportunties to guide the company to select and build strong brands. 3. Find ways to improve the bottom line. What strategies to you have to help reduce expense? What can you ... more » |
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