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
"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
End user license agreements (EULAs) are used to impose terms
and conditions on the use of software. EULAs
may restrict the user's ability to make copies of the software, to access or reverse
engineer source code, or to make or use other software applications with the
software.EULAs may also contain
provisions fixing the location or mandating arbitration for disputes.... more»
My colleagues Jonathan S. Jennings and Ashly
Iacullo prevailed in an opposition against the application to register WGA for a
variety of golf services on behalf of the Western Golf Association and its
famous WGA mark for a variety of golf services offered since 1899, including the
running of golf tournaments and a scholarship for caddies.
Although based in the United States,
the Korean Intellectual Property Office (KIPO) found that WGA was a
well-respected golf association and that WGA was a source identifier for these
services. The KIPO also found in rejecting the application to register that the
"application is ... more»
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»
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»
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»
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»
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.
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»
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»
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?
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»
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»