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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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Friday, March 10
Display of Thumbnail Images Is Likely to Infringe Copyright
by
Mark VB Partridge
on Fri 10 Mar 2006 09:00 AM CST
The District Court in California ruled on a motion for preliminary injunction that the creation and display of thumbnail images of copyrighted works is likely to constitute copyright infringement and is not fair use. Perfect 10 v. Google, Inc., (C.D. Cal., 2/17/06). Offering links to infringing images on third-party sites, however, is not copyright infringement. more » Monday, March 6
Operators of Internet Gripe Site Subject to Jurisdiction in Remote Location
by
Mark VB Partridge
on Mon 06 Mar 2006 09:00 AM CST
Your Illinois company is the victim of unfounded gripes on Internet site operated by persons in Arizona. Can you sue in your home court or are you forced to pursue more expensive and inconvenient litigation where the website is located? A recent decision by the Northern District of Illinois allows suit in home court, much to the benefit of the Illinois plaintiff. George S. May International Co. v. Xcentric Ventures (N.D. Ill. Jan. 18, 2005). The key to establishing personal jurisdiction is the existence of minimum contacts with the forum, sufficient to satisfy the constitutional requirements of due process. In ... more » Monday, February 27
Plagiarism, Fair Use and Copryight Infringement
by
Mark VB Partridge
on Mon 27 Feb 2006 08:00 AM CST
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 » Friday, December 16
Extra-Territorial Reach of U.S. Copyright Law
by
Mark VB Partridge
on Fri 16 Dec 2005 04:43 PM EST
A recent decision from Illinois reminds us that acts outside the U.S. may violate U.S. Copyright Law. See Peter Rosenbaum Photography Corp. v. Otto Doosan Mail Order Ltd., 76 U.S.P.Q.2d 1759 (N.D.Ill. 2005).
more » Wednesday, December 7
ACPA In Rem Jurisdiction Principles
by
Mark VB Partridge
on Wed 07 Dec 2005 11:00 AM EST
A decision issued by the Eastern District of Virginia on July 14, 2005,
provides a useful basis for reviewing the in rem rules under the
Anti-Cybersquatting Consumer Protection Act. See NBC Universal Inc. v. nbcuniversal.com, 76 USPQ2d 1370 (E.D.Va. 2005).
1, The filing of a proceeding under the ICANN UDRP does not waive the right to pursue an in rem ACPA action, either before, during or acfter the UDRP action. See Barcelona.com, Inc. v. Excelenstisimo Ayuntamiento de Barcelona, 330 F.3d 617 (4th Cir. 2003); Parisi v. Netlearning, Inc., 139 F.Supp.2d 745 (E.D.Va. 2001). 2. A plaintiff is not limited in ... more » Tuesday, December 6
Freedom Tower Update
by
Mark VB Partridge
on Tue 06 Dec 2005 11:00 AM EST
We previously reported here about the filing of a copyright infringement case involving the Freedom Tower.
The claim has been denied in part on summary judgment as reported in Shine v. Childs, 76 USPQ2d 1531 (S.D.N.Y. 2005). The decision provides a good guide to the protection of architectural works under the copyright act. more » Wednesday, November 23
Dastar Copyright Decision Affirmed
by
Mark VB Partridge
on Wed 23 Nov 2005 10:01 AM EST
Friday, November 18
Madonna Loses Belgium Copyright Case
by
Mark VB Partridge
on Fri 18 Nov 2005 06:13 PM EST
NineMSN reports taht Madonna was found liable for copyright infringement in Belgium.
The article, "Madonna Loses Plagiarism Case in Belgium," states: Madonna had used four bars of Acquaviva's song Ma Vie Fout L'camp, loosely translated in English as My Life's Getting Nowhere. more » Tuesday, September 27
Le Book Infringement Claim Rejected
by
Mark VB Partridge
on Tue 27 Sep 2005 09:00 AM EST
SDNY District Court slams shut Le Book Publishing copyright claim against Black Book Publishing, reports David Walker in "Le Book Calls Black Book "Cheap Imitation"; Judge Is Unswayed" The defendant copied directory listings from the plaintiff's directory, but not the arrangement, so no relief from the court, which states:
more » Monday, September 19
American Girl Typosquatter Suit Dismissed for Lack of Jurisdiction
by
Mark VB Partridge
on Mon 19 Sep 2005 09:00 AM EST
A Wisconsin federal court has dismissed TRO action against Vancouver registrar and undisclosed registrant of www.amercangirl.com site. Court proposes ICANN UDRP and ACPA in rem actions as alternatives. American Girl LLC v. Nameview Inc., (E.D. Wis. 8/9/05) more »Friday, September 16
Marlon Brando Estate Recovers Domain Name
by
Mark VB Partridge
on Fri 16 Sep 2005 09:00 AM EST
The Nation Arbitration Forum has released this decision: The Estate of Marlon Brando v. thewordbank twb, Claim Number: FA0506000505502, http://www.arb-forum.com/domains/decisions/505502.htm Panelist Hugh Putnam decides in favor of the Complainant, stating:
Wednesday, September 7
Good Faith Registration of missarizonausa.com Trumps Bad Faith Use
by
Mark VB Partridge
on Wed 07 Sep 2005 10:04 AM EST
Miss Universe L.P. LLLP challenged former licensee's continued use of the domain name www.missarizonausa.com based on its rights in the marks MISS ARIZONA and MISS USA. Miss Universe L.P., LLLP v. A Visual Group, Case No. D2005-0738 Panelist Dennis Foster denied relief, stating:
Friday, September 2
Application for Copyright Registration Insufficient for Jurisdiction
by
Mark VB Partridge
on Fri 02 Sep 2005 09:00 AM EST
Applying for copyright registration is not sufficient for federal court jurisdiction, Tenth Circuit Holds. La Resolana Architects PA v. Clay Realtors Angel Fire, (10th Cir., July 26, 2005). Similar ruling reported here. more »Thursday, September 1
Supplemental Registration Fails To Establish Rights Under ICANN UDRP
by
Mark VB Partridge
on Thu 01 Sep 2005 09:00 AM EST
Oil Changer, Inc. challenged registration of www.oilchanger.com based on alleged marks appearing on the U.S. Supplemental Trademark Register. Oil Changer, Inc. v. Name Administration, Inc., Case No. D2005-0530 Panelist Richard Page denied relief, stating:
Tuesday, August 30
ICANN UDRP: Failure to Prove Bad Faith Registration
by
Mark VB Partridge
on Tue 30 Aug 2005 09:00 AM EST
A Swiss company, Outils Rubis Ltd., challenged the domain name www.rubis.com based on its rights in RUBIS for tweezers. Outils Rubis Ltd. v. NETPLUS Communication, Case No. D2005-0645 Panelist Geert Glas denied relief, stating:
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 Mark VB Partridge 
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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