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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 » Wednesday, June 8
The KP Permanent Make-Up Aftermath
by
Mark VB Partridge
on Wed 08 Jun 2005 10:19 AM EST
Wednesday, May 25
"Recent Developments in Trademark Law: Confusion, Free Speech and the Question of Use," by Chad Doellinger, Pattishall, McAuliffe
by
Mark VB Partridge
on Wed 25 May 2005 10:32 AM EST
My colleague Chad Doellinger has a new article appearing in the John Marshall Law School Review of Intellectual Property Law: "Recent Developments in Trademark Law: Confusion, Free Speech and the Question of Use." Contact Chad here with your questions and comments. more » Saturday, May 7
Karaoke Not Permitted Parody
by
Mark VB Partridge
on Sat 07 May 2005 12:33 PM EST
Karaoke not not permitted copyright parody according to South District of Indiana decision issued March 29, 2005, in Morganactive Songs v. K & M Fox Inc. more »Tuesday, March 15
Fair Use Defense Survives Summary Judgment in Eminem Copyright Case
by
Mark VB Partridge
on Tue 15 Mar 2005 05:48 PM EST
The defendant's fair use defense regarding use of Eminem's early works on web site survives motion for summary judgment in this New York case: Shady Records Inc. v. Source Enterprises Inc. more »Saturday, March 12
Fair Use for Writers
by
Mark VB Partridge
on Sat 12 Mar 2005 12:51 PM EST
I was recently asked by an aspiring author if she could write a novel based on characters from a television show. The smart answer is: I don't know, can you write? The legal answer is: well, that's not easy to answer. Here are some of the things I invited here to read: Demi Moore, Dr. Seuss and Seinfeld, David Goldberg and Robert J. Bernstein Suntrust Bank v. Houghton Mifflin Company, 252 F.3d 1165 (11th Cir. 2001) Castle Rock Entertainment, Inc. v. Carol Publishing Group, 150 F.3d (2d Cir. 1998) The Seinfeld and the Wind Done Gone Cases: Studies in ... more » Friday, February 11
Orangebowl Prevails in ICANN UDRP Dispute
by
Mark VB Partridge
on Fri 11 Feb 2005 12:01 PM EST
Here's a new decision focusing on the fair use of trademarks in domain names: The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc/ Front and Center Entertainment more »Wednesday, December 8
Supreme Court Issues Decision on Trademark Fair Use
by
Mark VB Partridge
on Wed 08 Dec 2004 02:05 PM EST
The Supreme Court's decison by Justice Souter was issued today in the fair use dispute KP Permanent Mark-Up, Inc. v. Lasting Impression I, Inc. Justice Souter writes:
The decision is attached. more » 1 AttachmentsTuesday, November 30
Fair Use of "Half Price Books" Denied
by
Mark VB Partridge
on Tue 30 Nov 2004 11:11 AM EST
When Barnes and Noble used the phrase "Half Price Books" to promote online book sales, its competitor, halfpricebooks.com, sued for trademark infringement and dilution. The plaintiff lost its motion for preliminary injunction, but has now escaped adverse summary judgment, with the district court ruling that the case could proceed to trial, reports News.com. Rejecting Barnes and Noble's summary judgment claim based on fair use, the court states: "While BN.com's name is displayed on each and every page [of its Web site], a reasonable jury may find that the usage of 'Half-Price Books' on the webpage is sufficiently prominent to ... more » Wednesday, November 10
NPR Morning Edition Reports on Copyright and Political Speech
by
Mark VB Partridge
on Wed 10 Nov 2004 05:23 PM EST
Saturday, November 6
Complaint Site Leads to Lawsuit
by
Mark VB Partridge
on Sat 06 Nov 2004 05:12 PM EST
Forbes.com reports on lawsuit by Avis Coatings Inc. against homeowners Linda and Alan Townsend over complaint site on the web in this article: "Web Site for Complaints Sparks Lawsuit." more »
Tuesday, October 26
Fair Use: Using Trademarks in Works of Art
by
Mark VB Partridge
on Tue 26 Oct 2004 07:32 PM EST
To writers thinking of using trademarks in a book title or plot point, here are some references worth considering: Dr. Seuss Enters. v. Penguin Books USA, Inc., 109 F.3d 1394, 1400-01 (9th Cir. 1997).
Cliffs Notes v. Bantam Doubleday Dell Publishing Group, Inc., 886 F.2d 490 (2d Cir. 1989).
New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992).
Rogers v. Grimaldi, 875 F.2d 994, 997 (2d Cir. 1989).
Mattel v. MCA, 296 F.3d 894 (9th Cir. 2002)
American Dairy Queen Corp. v. New Line ... more »
Saturday, October 2
Extracting Facts from Website Deemed Fair Use
by
Mark VB Partridge
on Sat 02 Oct 2004 09:59 AM EST
Boats.com operates a website where yacht brokers post listings of yachts for sale. Nautical Solutions Marketing, Inc. (NSM) uses spider software to extract facts from Boats.com's site. With the yacht brokers' consent, NSM also cuts and pastes content from the yacht listings posted on Boat.com's site in NSM's site. When Boats.com objected, NSM sued for a decaratory judgment. Nautical Solutions Marketing Inc. v. Boats.com, Case No. 8:02-CV780-T-23TGW (M.D.Fla. April 1, 2004). The court held that momentary copying to extract facts was fair use. The copyright in the individual listings was owned by the brokers, not Boats.com, and was used with permission. ... more » Friday, September 10
Fair Use: Component Product's Mark
by
Mark VB Partridge
on Fri 10 Sep 2004 12:01 PM EST
The manufacturer of a composite product using another's product as a component may use the component product's mark to truthfully disclose the use of the component without seeking permission or creating an infringement. Thus, Sally Sherman, a marketer of tuna salad, could state on containers: "Made With Bumble Bee Tuna." Bumble Bee Seafoods LLC v. UFS Industries Inc., 71 U.S.P.Q.2d 1684 (S.D.N.Y. 2004). Following well-settled principles, the court cites and quotes from a treatise by my partners, Pattishall, Hilliard & Welch, Trademarks and Unfair Competition 7.06[1] (2d Ed. 2003), stating: "In permitted use decisions, the courts emphasize truthful disclosure. . . ... more » Thursday, August 26
Can Fair Use Confuse?
by
Mark VB Partridge
on Thu 26 Aug 2004 03:55 PM EDT
The Pattishall, McAuliffe Newsletter, Summer 2004, features an article by Matthew A. Griffin entitled "Can Fair Use Confuse?" regarding the KP Permanent Make-Up case pending before the Supreme Court. Prior Pattishall, McAuliffe Newsletters are available here. more » |
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