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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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Friday, October 1
Diebold Held Liable Under DMCA for Takedown Threats
by
Mark VB Partridge
on Fri 01 Oct 2004 05:06 PM EST
LinuxElectrons reports here that Diebold has been found liable under the DMCA for improper takedown threats in Online Policy Group v. Diebold, Inc., Case No. C-03-04913 (N.D.Cal. September 30, 2004).
The press release explains, in part:
"This makes the company the first to be held liable for violating section 512(f) of the Digital Millennium Copyright Act (DMCA) . . . Diebold sent dozens of cease-and-desist letters to ISPs hosting leaked internal documents revealing flaws in Diebold's e-voting machines. The company claimed copyright violations and used the DMCA to demand that the documents be taken down."
The decision is available ... more »
Saturday, September 25
ICANN UDRP: Six Tips for Advocacy
by
Mark VB Partridge
on Sat 25 Sep 2004 03:06 PM EST
As an ICANN UDRP Panelist with over 100 reported decisions for WIPO and NAF, I have read many submissions over the past five years, some very good, many bad.
I recently spoke on UDRP advocacy at seminar hosted by DePaul Law School and the Intellectual Property Law Association of Chicago, and offered six tips:
1. The Complaint (or Answer) should be a brief. This is your only chance to argue your position. Treat it like a memorandum in support of a motion for preliminary injunction or summary judgment by presenting your case as an advocate. Mere notice pleading allowed in ... 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.
Tuesday, September 7
Porsche Loses Bid to Recover Porschebuy.com in ICANN UDRP Action
by
Mark VB Partridge
on Tue 07 Sep 2004 09:54 AM EDT
Del Fabbro Laurent registered and used the domain names www.porsche-buy.com and www.porschebuy.com to sell used Porsche cars. Porsche filed a UDRP complaint to recover the domain names. Dr. Ing.h.c.F.Porsche AG v. Del Fabbro Laurent, Case No. D2004-0481 (WIPO, August 20, 2004)
Panelist Michael Bernasconi concluded that the names were used in good faith and did not constitute a violation of the Policy.
On the issue of bona fide use, the panel stated:
To be bona fide, the offering must meet several requirements (see Philip Morris Incorporated v. Alex Tsypkin, WIPO Case No. D2002-0946; Oki Data Americas, Inc. v. ASD, ... more »
Saturday, September 4
Fifth Circuit: Dealer's Use of Manufacturer's Mark in Yellow Pages Not Infringing
by
Mark VB Partridge
on Sat 04 Sep 2004 03:06 PM EDT
House of Vacuums, an independent vacuum cleaner dealer sells and repairs KIRBY vacuum cleaners and featured the brand in Yellow Pages advertisements. Scott Fetzer Co., the brand owner, sued.
The Fifth Circuit found no infringement due in part to the failure of the plaintiff's flawed survey evidence. Scott Fetzer Co. v. House of Vacuums Inc., Case No. 03-51118 (5th Cir., August 12, 04).
According to the case, a dealer is entitled to advertise that it sells or repairs a particular brand without creating a deceptive impression that its services are endorsed by the manufacturer. more »
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