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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ORDER BOOK HERE

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  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.

 

 

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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.

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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.

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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.

   more »
View Article  BlackBerry Settles

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

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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.
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View Article  George Bush Nominates Trademark Lawyer for Supreme Court

The Wall Street Journal reports today that Bush's new Supreme Court nominee, Harriet Miers, has experience as a trademark, lawyer, stating:

"Her work for Disney involved trademark matters." 

Ms. Miers also has represented Microsoft and SunGard Data Systems.

See "Bush's New Supreme Court Pick: A Loyal Aide With Scanty Record," The Wall Street Journal, October 4, 2005.

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View Article  Internet Advertising Update: Google and Geico Settle
This is one of the hot topics in trademark law, with cases coming out on both sides of the issue. Here are some legal articles, cases and other materials providing background and commentary on the issue. I will update this from time as additional relevant materials come to my attention and welcome your contributions.
 
New Update Available Here
 
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View Article  Bowie Bonds Bounce Back

"Bowie Bond," after musician David Bowie, is the name given to bonds offering investments in the future earnings of a musician.  In 1997 David Bowie used the device to raise $55 million.

Bowie Bonds are an asset-based security. The idea is this: the investor pays money up front to buy a bond providing a revenue stream produced by the royalties from the artist's music.  If the royalties meet or exceed expectations, the investor's investment is sound.  If the royalties decline below expectations, the investor loses and the value of the bond declines. 

The strategy of securitizing revenue streams generated by an asset ...   more »

View Article  Radio Stations Battle Over Jack FM Slogans

A number of law suits have been filed involving the radio slogans used by Jack FM:

"playing what we want."

"playing whatever we want."

"playing whatever the hell we want."

Read more here and here and here

   more »
View Article  Trademark Blog Promotes INTA Cyberspace Forum

Martin Schwimmer at the Trademark Blog has posted the program for the INTA Cyberspace Forum 2005 in Vancouver, Canada on September 12 and 13.

He will be speaking at the forum on TOOLS OF THE TRADE: SOFTWARE, SERVICES AND STRATEGIES TO PROTECT AND MAINTAIN TRADEMARKS AND DOMAIN NAMES.

I will also be speaking at the forum, on LEGAL UPDATE: RECENT DECISIONS INVOLVING TRADEMARKS, COPYRIGHT, DOMAIN NAMES AND OTHER ISSUES.

Others on the program include Rose Hagen from Google (providing the inside scope on the latest in adward cases), Fran Jagla from Microsoft, Sarah Deutsch from Verison, Rebecca Watt from Amazon.com, Christy ...   more »

View Article  ABA Worries about Judicial Intimidation
The ABA annual meetings in Chicago ends, having addressed concerns about judicial aggravation and intimidation, as explained in this story by Martha Neil for the ABA Journal Daily Report.   more »
View Article  Wired Countries, US Lags

In a recent New York Times editorial, Thomas L. Freidman, author of "The World Is Flat," laments the lack of legislative concern over the US's lagging position in global broadband connectivity rankings: "Calling All Luddites" (August 3, 2005). 

For more on this, see the following:

Foreign Affairs, May/June 2005, "Down to the Wire."

OECD (Organization for Economic Co-operation and Development), Broadband Statistics, 2004 (includes great charts).

Read Friedman's book to see why we should be concerned.

   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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