A recent Illinois decision recognizes a claim for "commercial disparagement" based on a "vituperative" advertisement, Imperial Apparel Ltd. v. Cosmos's Designer Direct, Inc., 2006 WL 2129448, rejecting a 1997 decision which had concluded there was no remedy for commerical disparagement in Illinois.  The decision provides an additional tool for taking action against disparaging statements made in advertising.

The defendant's remarkable advertisement asserted that the plaintiff was attempting to pull the "polyester over your eyes" with "a low rent 3-for imitation that has the transparency of a hooker's come on" with inflated prices, compromised quality and "all the integrity of the ...   more »

Does the republication and distribution of short excerpts from news articles with links to the original constitute copyright infringement or fair use?  The practice is common on the part of search engines, news aggregators and bloggers.  But is it permited?

Google has been involved in a lawsuit over the practice for some time.  Read more here.  More recently, Microsoft has agreed to comply with a cease and desist demand sent on behalf of Belgian newspaper publishers, as reported here.  Google's comment on its current dispute in Belgium appears here. SearchEngineWatch provides interesting commentary and background here....   more »

Don't miss . . .

this joint program co-sponsored by the World Intellectual Property Organization, the ABA Section on Intellectual Property Law and AIPPI United States on November 3, 2006, at the Newberry Library, Chicago, Illinois, entitled:

"Mediation and Arbitration of Intellectual Property Disputes"

The ABA brochure and registration info is available here.

I will be speaking on "Domain Name Dispute Resolution Trends."

Others on the program include:

Nils Montan, President of the International Anti-Counterfeiting Coalition

Erik Wilbers, Acting Director, WIPO Arbitration and Mediation Center

M. Scott Donahey, Palo Alto, California

David Einhorn, New York, New York

Andrew Simpson, Irvine, ...   more »

The Ninth Circuit's decision Electro Source, LLC v. Brandess-Kalt-Aetna Corp. et. al., addresses the problem of abandonment faced by a failing company.  The Court states:

Legitimate commercial transport or sales of trademarked Goods, even for a failing business, are sufficient to defeat a claim of abandonment.

Full decision available here.

Congress has enacted new legislation relating to trademark dilution.  Here's a brief article on this development by my partner, Uli Widmaier:

Dilution occurs when third-party uses of a famous mark whittle away its distinctiveness (dilution by blurring) or harm its reputation (dilution by tarnishment). Unchecked, it can quickly destroy the value and commercial magnetism of a famous mark.

Pattishall attorneys spearheaded comprehensive legislation to protect against this insidious harm. On September 25, 2006, their efforts came to fruition when Congress passed the Trademark Dilution Revision Act (H.R. 683). President Bush is expected to sign the Act within the next ...   more »