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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
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Saturday, October 30
Why should you and your clients consider ADR for intellectual property disputes?
by
Mark VB Partridge
on Sat 30 Oct 2004 11:52 AM EST
The Illinois State Bar Assocaition presented a program in Bloomington, Illinois, on October 29, 2004, entitled "What Every Lawyer Should Know about Intellectual Property."
Scheduled for a repeat performance in Chicago on November 12, the day-long, wide-ranging program covered a lot of ground from the substantive basics through practical advice on audits, transactions, ethics and litigation.
I spoke at the program on the subject of Alternative Dispute Resolution in Intellectual Property Disputes, addressing options, benefits, advocacy and avoidancy.
Part of my presention covered "Why ADR?" There are four basic answers:
1. Litigation is expensive. The AIPLA Economic Survey shows median litigation expenses ... more »
Thursday, October 28
Congressional Budget Office Favors Compulsory Licensing of Digital Content
by
Mark VB Partridge
on Thu 28 Oct 2004 09:33 AM EST
A CBO Paper on "Copyright Issues in Digital Media" advocates a compulsory licensing system to provide the best balance of interests between copyright owners and consumers.
The 50 page paper discusses the current copyright debate, technological changes affecting copyright, the economics of copyright regulation and the implications of legislative action. more »
Wednesday, October 27
ICANN UDRP Panel Addresses Rights in Geographic Name
by
Mark VB Partridge
on Wed 27 Oct 2004 07:11 AM EST
Aberdeen Airport Limited, which operates the airport facility near Aberdeen Scotland, sought transfer of the domain name <aberdeenairport.com> from a respondent located in the United Arab Emirates.
The thorough decision by Panelist Warwick Smith considers the requirements under UK law for establishing common law trademark rights in a place name. BAA plc, Aberdeen Airport Limited v. Mr. H. Hashimi, Case No. D2004-0717 (WIPO October 21, 2004).
The case is a good example of the well-reasoned cases that require Complainants to prove common law rights to obtain relief, as opposed to merely accepting a claim of rights because the domain name ... 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 23
Acquisition of Domain Name Without Goodwill Does Not Establish Prior Rights
by
Mark VB Partridge
on Sat 23 Oct 2004 02:55 PM EST
The prohibition against the assignment of trademarks without goodwill is alive and well in this recent decision by the Judge St. Eve of the Nothern District of Illinois. Pure Imagination Inc. v. Pure Imagination Studios Inc., Civil Action No. -03 0 6070 (N.D.Ill. Sept. 30, 2004).
Students of trademark law will appreciate the continued application of that classroom favorite, Pepsico, Inc. v. Grapette Co., 416 F.2d 285 (8th Cir. 1968).
The Pure Imagination case stands for these key points:
1. Mere registration of a domain name creates no rights or goodwill (although use of a domain name as a trade ... 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 »
$34 Million Verdict Against Teleflex Subsidiary for Trademark Infringement
by
Mark VB Partridge
on Thu 21 Oct 2004 07:53 AM EST
Speaking of damages, the third quarter financial report for Teleflex Incorporated discloses a substantial jury verdict against one of its subsidiaries for trademark infringement. If upheld by the court, the verdict will stand as one of the larger damages awards ever issued for trademark infringement.
The report states, in part:
On March 2, 2004 the company announced that it had been notified that a jury had rendered a verdict against one of its subsidiaries in a trademark infringement case in the amount of $2.6 million as "reasonable royalties" and an additional $32.2 million as "unjust enrichment." Judgment was not entered on ... 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 »
Wednesday, October 13
Ninth Circuit: Reading Unsolicited Submission May Create Implied Contract
by
Mark VB Partridge
on Wed 13 Oct 2004 03:26 PM EST
A New York Times article by Anne Thompson reports on a significant development in the Ninth Circuit involved review of unsolicited movie ideas and scripts. "Appeals Court Ruling May Shift Power to Writers."
The case Jeff Grosso v. Miramax Film Corporation, arose from the plaintiff's unsolicited submission of a script for "The Shell Game," and a subsequent firm called "Rounders" which allegedly contained many plot and character similarities.
The article reports:
"The Federal District Court here dismissed the suit's copyright provisions, saying that while the two works share poker settings and jargon, they are not substantially similar.
But in a decision that could ... more »
Tuesday, October 12
Eighth Circuit: Gateway's Cowhide Theme Not Functional
by
Mark VB Partridge
on Tue 12 Oct 2004 04:33 PM EST
Stretch Pets from Companion Products are stuffed animal accessories for computers. One of the Pets was a black and white cow named Cody. Gateway Inc. sued for infringement based on its Cowhide trade dress and marketing theme.
Companion Products argued that the Cowhide trade dress was legally functional because protection would hinder its ability to compete in the market catering to cow memorabilia fans.
The Eighth Circuit held that the Cowhide trade dress was arbitrary and nonfunctional and affirmed the lower court's finding of trade dress infringement. Gateway Inc. v. Companion Products Inc., No. 03-3410 (8th Cir. 2004). more »
Monday, October 11
Entertainment Industry Seeks Supreme Court Review of Grokster Decision
by
Mark VB Partridge
on Mon 11 Oct 2004 05:11 PM EST
Kenneth Starr joins other well-known counsel in petitioning the Supreme Court to review the recent Ninth Circuit decision in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.
The Petition for a Writ of Certiorari is available HERE.
The Petition states:
"This is one of the most important copyright cases ever to reach this Court. Resolution of the question presented here will largely determine the value, indeed the very significance, of copyright in the digital era.” more »
Sunday, October 10
Offer to Sell Domain Name Kills Complaint Site
by
Mark VB Partridge
on Sun 10 Oct 2004 10:37 AM EST
Steve Rodgers started a website to complain about the business practices of First Acceptance Corp at www.firstacceptancecorporation.com. When contacted by an attorney for First Acceptance Corp, Rodgers apparently offered to sell the domain name. This opened the door for the a Federal Judge in Tennessee to grant a TRO under the ACPA, reports Tennessean.com in is article by Gethan Ward, "Court order man to take down web site aimed at ex-employer." 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 »
Thursday, October 7
IP Crackdown
by
Mark VB Partridge
on Thu 07 Oct 2004 11:38 AM EST
Attorney General John Ascroft announces governmental crackdown on intellectual property theft, which costs US business $250 billion annually, SiliconValley.com reports.
The Justice Department plans new efforts that are "better, tougher, more successful."
The Justice Department response "must be as forceful and aggressive and successful as our response to terrorism and violent crime and drugs and corruption has been," Ascroft said.
more »
Tuesday, October 5
Fifth Circuit: Consumer Gripe Site Does Not Violate Lanham Act
by
Mark VB Partridge
on Tue 05 Oct 2004 02:04 PM EST
Computer software engineer Joseph Maxwell registered the domain name www.trendmakerhome.info for a gripe site about TrendMaker Homes. TMI, the owner of the mark, sued for infringement, dilution and cybersquatting. The lower court agreed and awarded TMI $80,000 in statutory damages and attorneys fees.
The Fifth Circuit reversed, concluding that Maxwell's conduct was entirely non-commercial and did not violate the Lanham Act. TMI, Inc. v. Maxwell, Case No. 03-20243 (5th Cir. April 21, 2004).
The Fifth Circuit held that the case only embraced dilution and the ACPA, and therefore there was no need to address the possibility of liability for non-commercial speech under ... 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 »
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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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