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Guiding Rights
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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
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Monday, April 11
Wal-Mart Recovers Sam Walton Name
by
Mark VB Partridge
on Mon 11 Apr 2005 09:39 AM EST
Panelist Scott Donahey awards Wal-Mart the domain name www.samwalton.com in this recent decision: Wal-Mart Stores, Inc. and Mrs. Helen Walton v. Bestinfo/David Webb, Case No. D2005-0086 (WIPO March 25, 2005).
A key issue in UDRP actions involving personal names is the finding that the name is protectable as a common law mark, the the Policy does not provide protection for personal names per se.
The Panel finds as follows on that point:
. . . Complainant Wal-Mart Stores, Inc. has common law rights in the trademark SAM WALTON by virtue of its prominent and continuous use in conjunction with ... more »
Monday, March 21
Hillary Rodham Clinton Recovers Domain Name in ICANN UDRP Action
by
Mark VB Partridge
on Mon 21 Mar 2005 10:08 PM EST
Readers of this blog will recall that we have followed various cases involving the personal names of polictial figures.
A new decision noteworthy for the high profile of the Complainant has been issued by NAF Panelist Tyrus R. Atkinson Jr.
The decision is available here: Hillary Rodham Clinton v. Michele Dinola (NAF March 18, 2005). more »
Monday, December 13
Licensee Knocks Out George Foreman ICANN UDRP Claim
by
Mark VB Partridge
on Mon 13 Dec 2004 09:37 AM EST
Salton, Inc. v. George Foreman Foods, Inc., Case No. D2004-0777 (WIPO Dec. 3, 2004), demonstrates the difficulty of fighting contract disputes in the wrong forum.
Denying the Complainant's challenge to the registration and use of the domain name www.georgeforeman.com by the licensee of the name for food products, the Panel states:
Complainant acknowledged that Respondent had obtained a license from George Foreman granting Respondent the right to use the <georgeforeman.com> domain name. Indeed, Complainant attached a copy of that license agreement to its own Complaint. The license agreement grants to Respondent the right to use, among other things, “GeorgeForeman.com and all ... more »
Monday, December 6
Robert Downey Jr. Recovers Name in ICANN UDRP Action
by
Mark VB Partridge
on Mon 06 Dec 2004 09:15 AM EST
Well-known actor Robert Downey Jr. recovered the domain name www.robertdowneyjr.com used to redirect Internet user to clubpink.com, a site with pornographic content.
The decision, Robert Downey Jr. v. Mercedita Kyamko, WIPO D2004-0895 (Dec. 2. 2004), by Panelist John Swinson, based relief on Downey's common law rights in his name, stating:
Famous people using their name in trade and commerce can have a common law trade mark in their public name. See Julia Fiona Roberts v. Russell Boyd, WIPO Case No. D2000-0210; Van Morrison and Exile Productions Limited v. Unofficial Club de Van Morrison, WIPO Case No. D2002-0417 and Nicole Kidman ... more »
Thursday, October 21
. . . But Soccer Star Recovers Personal Name in ICANN UDRP Decision
by
Mark VB Partridge
on Thu 21 Oct 2004 05:00 PM EST
Reuters reports that teenage soccer star Feddy Adu has recovered a domain name based on his personal name in a WIPO ICANN UDRP case decided by Richard Lyon. Compare this decision with those previously reported here in which relief was denied based on claimed rights in a personal name. more »
Tuesday, October 19
ICANN UDRP: Relief Denied to Personal Name Of Danish Businessman
by
Mark VB Partridge
on Tue 19 Oct 2004 02:06 PM EST
Danish businessman Joacim Bruus-Jensen challenged the domain name www.joacimbruus-jensen.com in ICANN UDRP proceeding. He failed to prove enforceable trademark rights in his name and was denied relief in this decision by Panelist Derek Minus. Joacim Bruus-Jensen v. John Adamsen, Case No. D2004-0458 (WIPO Sept.29, 2004).
The case should be considered before seeking to use the ICANN UDRP to take action based on the personal name of a business executive. Relief is possible but requires proof that the personal name has been used in commerce to establish common law rights as a trademark.
The Panel states in part:
[T]here is ... more »
Saturday, October 9
Political Cybersquatting Condemned
by
Mark VB Partridge
on Sat 09 Oct 2004 12:47 PM EST
The Institute of Trade Mark Attorneys in the United Kingdom has spoken out against the practice of political cybersquatting, as reported in an article at AG IP News:
". . . political cybersquatting, in which parties or activists register domain names identical or confusingly similar to the names of opposition politicians and then link websites criticizing those figures, lures Internet users into sites they did not intend to visit and cause real damage to the reputation of the figure whose name is taken, particularly when it is unclear that the site is not connected with or authorized by that figure."... more »
Tuesday, September 14
Fox Recovers billorielly.com in ICANN UDRP Action
by
Mark VB Partridge
on Tue 14 Sep 2004 09:39 AM EST
UPDATE: For the past two years, this post has been the most popular on our site, no doubt due to the appeal of Bill O'Reilly. If you're looking for Mr. O'Reilly, welcome to something unexpected. Visit our main site www.GuidingRights.com for more information and free resources. Browse around for our other postings. Buy a copy of our book: Guiding Rights. Enjoy.
Fox News Network was awarded the domain name www.billorielly.com based on the promotion of its news host Bill O'Reilly in Fox News Network LLC v. Bill Orielly, Case No. D2004-0464 (WIPO, September 5, 2004). Please note: the difference in "rielly" and "reilly" is not a typo but found in the original.
Friday, August 27
Spike Lee Recovers Name in ICANN UDRP Case
by
Mark VB Partridge
on Fri 27 Aug 2004 11:25 AM EDT
Film director Spike Lee was awarded the domain name www.spikelee.com in this UDRP decision by Panelist Edward Chaisson: Shelton J. Lee (a.k.a. Spike Lee) v. Mercedita Kyamko, Case No. D2004-0483 (WIPO August 17, 2004).
The defaulting respondent used the domain name to redirect Internet users to a "pornographic" website.
The SPIKE LEE name had been the subject of applications for U.S. trademark registration, but had never been registered as a trademark. Instead, the Panel recognized Spike Lee's common law rights in the name SPIKE LEE, stating that the name "has become famous and is unquestionably associated in the public's mind ... more »
Tuesday, August 10
Falwell.com: More on Personal Names and the Internet
by
Mark VB Partridge
on Tue 10 Aug 2004 10:29 PM EDT
WVEC.COM reports that Judge Claude Hilton of the U.S. District Court in Virginia has ruled that Christopher Lamparello, a gay activist in New York, must stop using the domain name www.falwell.com due to confusion with the registered trademark JERRY FALWELL and the JERRY FALWELL MINISTRIES website.
Lamparello's site criticized Falwell's position on homosexuality and displayed a disclaimer. (The domain name has already been directed to Jerry Falwell's site).
Pleased with the result, Fallwell said: "one cannot infringe on the trademark of another person or company and pretend it is within their First Amendment rights."
Lamparello's attorney, Paul Levy of Public Citizen Litigation Group, said ... more »
Monday, August 9
Personal Names, Politics and Cybersquatting
by
Mark VB Partridge
on Mon 09 Aug 2004 09:57 PM EDT
Thinking about the www.kerryedwards.com auction reminds one of the uneasy relationship between personal names, politics and cybersquatting.
When reporters learned that the domain name was taken by Kerry Edwards, the Indiana bail bondsman, at least some headlines were quick to brand Mr. Edwards' conduct as cybersquatting. The Chicago Sun-Times, for example, ran the headline "Kerry Edwards is the Name, Cybersquatting is the Game." Mr. Edwards, of course, had registered his own name as a domain name long before Kerry picked Edwards as a running mate. The Indiana Kerry Edwards had a legitimate reason to do so and he is not properly labeled a ... more »
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Mark VB Partridge
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CONTACT INFORMATION
Mark V.B. Partridge
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
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Chicago, Illinois 60606
312-554-8000
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