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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, 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 » 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 » 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 »Saturday, August 27
Copyright Safe Harbor for Machine Maintenance
by
Mark VB Partridge
on Sat 27 Aug 2005 09:00 AM EST
Federal Circuit issues significant decision interpreting the Copyright Act Safe Harbor for Machine Maintenance or Repair -- Storage Technology Corp. v. Custom Hardware Engineering & Consulting, Inc. 04-1462. The dissent asserts that the decision destroys copyright protection for computer monitoring software. more »
Wednesday, August 10
Da Vinci Code Author Cleared of Copyright Infringement
by
Mark VB Partridge
on Wed 10 Aug 2005 09:00 PM EST
Tuesday, August 2
The Independent Marketability Standard for Copyright Protection
by
Mark VB Partridge
on Tue 02 Aug 2005 01:00 AM EST
In Galiano v. Harrah's Operating Co., (5th Cir. July 7, 2005), the Court eschews the "conceptual separability" test in favor of an "independent marketability" test to determine if a garment design has features that are capable of existing independently of the utilitarian aspects of the article. Under this test, a court attempts to determine if there are any features of the garment that have a likelihood of being marketed independently. This might be the case for the artistic appearance of a fabric design. In contrast, another Court continues its reliance on the conceptually separable standard in Choson International Inc. ... more » Thursday, July 7
More On Grokster
by
Mark VB Partridge
on Thu 07 Jul 2005 01:59 PM EST
On June 27, 2005, the Supreme Court issued its long-anticipated decision on file-sharing in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd, 545 U.S. ____ (2005), returning the case to the district court to determine if the defendants were liable for inducing copyright infringement in the promotion of their file-sharing products. The case involved the peer-to-peer filing sharing software of defendants Grokster and Morpheus, which allows individual consumers to download files directly from each other's computers. Unlike the infamous Napster filing sharing program, the Grokster programs do not have a central directory of downloadable files. Instead, the files and directories reside solely ... more » Tuesday, July 5
Grokster Decision Offers Something for All, Little Surprise
by
Mark VB Partridge
on Tue 05 Jul 2005 10:59 AM EST
The Supreme Court's Grokster decision has something for all sides. Creating technology that can be used to create illegal copies remains permissible under Sony if there are substantial non-infringing uses, but inducing others to use the technology to make illegal copies may infringe copyright. The decision is available here. more »
Monday, June 20
Copyright Subject Matter Jurisdiction Requires Registration
by
Mark VB Partridge
on Mon 20 Jun 2005 01:58 PM EST
Mere application is not sufficient for copyright subject matter jurisdiction, say the District Court of Maryland in Mays v. Associates, Inc. v. Euler (D. Md, May 17, 05). The court also rejects Lanham Act claim for improper attribution of credit for creative work. Following Dastar, the Lanham Act only applies to claims involving the producer of the goods, not the author of the creative work embodied in the goods. more »Tuesday, May 10
Computer Software Decisions - Updated
by
Mark VB Partridge
on Tue 10 May 2005 03:12 PM EST
PracticeWorks Inc. v. Professional Software Solutions of Illinois Inc., 72 U.S.P.Q.2d (D. Md., June 23, 2004). Defendant's prohibited by contract and copyright from using Plaintiff's software to provide technical support and services to customers. Logicom Inclusive Inc. v. W.P. Stewart & Co., 72 U.S.P.Q.2d 1632 (S.D.N.Y., August 10, 2004). Holds that parties need not always use the phrase "works made for hire" to create a valid work made for hire agreement. Also discusses preemption of related state claims and the rights to make modifications under 17 U.S.C. 117 "as an essential step in utilization" of software. more » |
 Mark VB Partridge 
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