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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
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"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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Tuesday, November 30

Fair Use of "Half Price Books" Denied

by Mark VB Partridge on Tue 30 Nov 2004 11:11 AM EST

When Barnes and Noble used the phrase "Half Price Books" to promote online book sales, its competitor, halfpricebooks.com, sued for trademark infringement and dilution.

The plaintiff lost its motion for preliminary injunction, but has now escaped adverse summary judgment, with the district court ruling that the case could proceed to trial, reports News.com.

Rejecting Barnes and Noble's summary judgment claim based on fair use, the court states:

"While BN.com's name is displayed on each and every page [of its Web site], a reasonable jury may find that the usage of 'Half-Price Books' on the webpage is sufficiently prominent to ... more »

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Is Entrepreneur Magazine a Trademark Bully?

by Mark VB Partridge on Tue 30 Nov 2004 09:44 AM EST

The National Law Journal for Monday, November 22, 2004, features an interesting editorial by Zick Rubin, entitled "Who Owns English?", regarding Entrepreneur Magazine's efforts to enforce its trademark rights in ENTREPRENEUR.

The magazine won a $1.4 million judgment against ENTREPRENEUR ILLUSTRATED earlier this year and allegedly used heavy-handed tactics to obtain the domain name www.entrepreneur.com.

Rubin's editorial puts these events in context of the actual facts applied to the underlying trademark law principles (once explained, the results are not as surprising), concluding:

"The bottom line is that while diligently protecting one's trademark is good business, being a trademark bully can ... more »

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