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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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

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View Article  California Pop Group Challenges CBS over Supernova
An Orange County, California, pop group asserts trademark infringement against the CBS show "Rock Star; Supernova", explains this report from www.chartattack.com.  More here at www.mtv.com.   more »
View Article  Off Shore Patent Holders: More news that the world is flat?

The Intellectual Property Owners Association has issued a report on the "Top 300 Organizations Granted U.S. Patents in 2005."

The top ten are:

 
Looking over the list, I wonder: is this more news that the world is flat, as claimed and demonstrated so well in Tom Friedman's book?
   more »
View Article  Purchasing Competitor's Name As Keyword May Infringe

An online realty agency, TheMLSonline.com, purchased keywords matching the name of a competitor from Google and Yahoo.  Last week, the District Court for Minnesota issued a decision allowing the case to proceed to trial on Edina Realty's claim of trademark infringement.  This may be the first case to reach trial on the keyword issue.  See Edina Realty, Inc. v. TheMLSonline.com, 2006 WL 737064 (D. Minn. Mar. 20, 2006).

For more, see Eric Goldman's excellent report on his Technology & Marketing Law Blog, and this article at Cnet News.com.

 

 

   more »
View Article  "The Seasoned Woman" Claims Infringement

Dr. Theda Palmer has used the name "The Seasoned Woman" in connection with workshops, seminars, focus groups, and collateral products since at least 1995, and owns two federal trademark registrations relating to the mark. 

More recently, Gail Sheehy has published a book entitled "Sex and the Seasoned Woman."  A Google search reveals that her use now dominates search results for the phrase "The Seasoned Woman." 

US Newswire reports that Dr. Palmer has sued for trademark infringement.  Story here.

   more »
View Article  Spammer Faces 15 Year Prison Term

Thinking of entering the spamming business? 

Internetnews.com reports here that a New Hampshire woman has plead guilty to violations of the CAN SPAM Act result from her bulk distribution of pronographic spam, and now faces 15 years in prison.  The sentencing hearing is set for June 5.

   more »
View Article  Yahoo Bans Use of Trademarks as Keywords for Comparative Advertising

Yahoo has modified its editorial guidinelines with the following statement:

On March 1, 2006, Yahoo! Search Marketing will modify its editorial guidelines regarding the use of keywords containing trademarks. Previously, we allowed competitive advertising by allowing advertisers to bid on third-party trademarks if those advertisers offered detailed comparative information about the trademark owner's products or services in comparison to the competitive products and services that were offered or promoted on the advertiser's site.

Search Engine Watch has more on the story here.

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View Article  BlackBerry Settles

The Chicago Tribune reports:  The patent dispute threatening BlackBerry service has settled. 

   more »
View Article  Plagiarism, Fair Use and Copryight Infringement

In 1971, the owners of the copyright in the 60s hit "He's So Fine" sued former Beatle, George Harrison, over the song "My Sweet Lord."

In 1990, the owners of the copyright in the 60s hit "Oh, Pretty Woman," sued the rap group 2 Live Crew over a song cleverly entitled "Pretty Woman."

One of these cases resulted in an award over $1/2 million

The other case resulted in nothing.

Why?.

The answer can be attributed to the differences between plagiarism and fair use.

Plagiarism is an ethical issue. Copyright infringement and fair use are legal issues.

Plagiarism is an act ...   more »

View Article  Parody Sites

We previously commented here and here on the famous JibJab parody of Woody Guthrie's "This Land Is Your Land."

Joanna L. Ossinger has a nice article, "The Problem with Parody," in The Wall Street Journal, February 13, 2006.  She notes that some parody sites, including JibJab, end up on both sides of the copyright protection issue, fending off infringement claims from the original owner, and also pursuing infringement claims against sites copying their parody. 

   more »
View Article  Robert the Band
I usually limit my comments here to matters relating to trademark, copyright and internet law, but please allow me a point of personal privilege to introduce you to Robert the Band. 

You see, the band's drummer is my son Chris, 14.  The band recently produced its first CD featuring 6 original songs.  You can hear some of it and learn about them at www.myspace.com/roberttheband.

The band is selling the CDs at a low price to raise money for more studio time.  If you'd like a copy, complete with handmade cover slip, please send your mailing address and $4 to:...   more »
View Article  US Urges ICANN to Combat Fraudulent Registrations
US Government urges crack down on fraudulent domain name registrations to fight phishing.  GAO reports that 2.3 million registrations have "obviously" false contact information.

Article here.
   more »
View Article  Internet Governance Debated
Business Day reports from Tunis that "US Retains Control Of Internet Domain Name System."  Read more here.

More here from ABC News.
   more »
View Article  Foley Sues Foley
Boston law firm Foley Hoag objects to Foley & Lardner's use of FOLEY.  When lawyers disagree, they sue.  Story by Sacha Pfeiffer from the Boston Globe available here.
   more »
View Article  Justice Roberts Article at Law.com
My recent article on Justice Roberts and IP has been published on Law.com:

Where Does Roberts Stand on Intellectual Property Issues?
Mark V.B. Partridge
Special to Law.com
10-10-2005

Available here; may require subscription.
   more »
View Article  Naked Licensing and Lost Rights

In class this week we talked about the black letter trademark law rule: 

Valid trademark licensing requires quality control.

Easy to say, but what does it really mean?

What is "quality control"?  We got around that rather easily.  We don't care about the quality, only the control.

But how much control is needed?  Well, experience and case law preaches this: not much.  As I've said before, how can the Chicago Cubs control quality over the logo on licensed baseball caps, if they can't control the quality of a baseball game? 

A joke of course, but still . . .will the ...   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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