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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, March 31
Purchasing Competitor's Name As Keyword May Infringe
by
Mark VB Partridge
on Fri 31 Mar 2006 09:00 AM CST
An online realty agency, TheMLSonline.com, purchased keywords matching the name of a competitor from Google and Yahoo. Last week, the District Court for Minnesota issued a decision allowing the case to proceed to trial on Edina Realty's claim of trademark infringement. This may be the first case to reach trial on the keyword issue. See Edina Realty, Inc. v. TheMLSonline.com, 2006 WL 737064 (D. Minn. Mar. 20, 2006).
For more, see Eric Goldman's excellent report on his Technology & Marketing Law Blog, and this article at Cnet News.com.
more »
Monday, March 27
"The Seasoned Woman" Claims Infringement
by
Mark VB Partridge
on Mon 27 Mar 2006 09:00 AM CST
Dr. Theda Palmer has used the name "The Seasoned Woman" in connection with workshops, seminars, focus groups, and collateral products since at least 1995, and owns two federal trademark registrations relating to the mark.
More recently, Gail Sheehy has published a book entitled "Sex and the Seasoned Woman." A Google search reveals that her use now dominates search results for the phrase "The Seasoned Woman."
US Newswire reports that Dr. Palmer has sued for trademark infringement. Story here. more »
Thursday, March 23
Creating Diversity Jurisdiction
by
Mark VB Partridge
on Thu 23 Mar 2006 09:00 AM CST
IP litigators usually do not rely exclusively on diversity jurisdiction, since most claims involve federal questions claims under the Patent, Trademark or Copyright Act. Nevertheless, some claims - contract disputes, right of publicity, trade secret - may arise without joined federal questions. Thus, IP litigators can be faced with the need to satisfy the jurisdictional amount requirement of $75,000 diversity jurisdiction.
What can defendants seeking removal to federal court do if there is no monetary amount demanded or the amount demanded is insufficient?
A recent case from the Seventh Circuit provides a clever strategy option: Rising Moore v. Red Roof ... more »
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, March 6
Operators of Internet Gripe Site Subject to Jurisdiction in Remote Location
by
Mark VB Partridge
on Mon 06 Mar 2006 09:00 AM CST
Your Illinois company is the victim of unfounded gripes on Internet site operated by persons in Arizona. Can you sue in your home court or are you forced to pursue more expensive and inconvenient litigation where the website is located? A recent decision by the Northern District of Illinois allows suit in home court, much to the benefit of the Illinois plaintiff. George S. May International Co. v. Xcentric Ventures (N.D. Ill. Jan. 18, 2005).
The key to establishing personal jurisdiction is the existence of minimum contacts with the forum, sufficient to satisfy the constitutional requirements of due process.
In ... more »
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Mark VB Partridge
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CONTACT INFORMATION
Mark V.B. Partridge
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
311 S. Wacker Drive Suite 5000
Chicago, Illinois 60606
312-554-8000
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