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

www.GuidingRights.com

www.Pattishall.com

More Info at Our Main Site

www.GuidingRights.com

Guiding Rights
Placing a graphic on your page
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

Login
User name:
Password:
Remember me 
View Article  Victory for EULA: Software Distributors Rejoice

[Abstract of article by Sanjiv Sarwate]


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 »

View Article  Par for the Course for Western Golf Association in Korea
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 »
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  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 »
View Article  Naked Cowboy Sues M&Ms
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 »
View Article  Yoko Sues Singer Over Use of Lennon
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?

More on LENNON available here.


   more »
View Article  Law Bulletin IP Seminar Features Pattishall Attorney
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 »
View Article  Use of PROGRESSIVE Leads to Infringement Dispute
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 »
Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for our Free Email Newsletter
Mark VB Partridge
Placing a graphic on your page

CONTACT INFORMATION

Mark V.B. Partridge
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
311 S. Wacker Drive Suite 5000
Chicago, Illinois 60606

312-554-8000

Search
This Month
November 2008
Sun Mon Tue Wed Thu Fri Sat
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
Year Archive