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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, July 30
Evidence of Lost Sales Not Required Under Lanham Act
by
Mark VB Partridge
on Fri 30 Jul 2004 04:59 PM EDT
Actionable confusion is not limited to potential purchasers but may simply involve persons in a position to influence purchasers, according to the First Circuit. Beacon Mutual Ins. Co. v. OneBeacon Ins. Group, Case No. 3-2671 (1st Cir., July 12, 2004).
The District Court had granted summary judgment because there was no evidence of any lost sales. The First Circuit reversed, stating:
"[T]he type of commerical injury actionable under . . . the Lanham Act . . . is not restricted to the loss of sale to actual and prospective buyers of the product in question. . . [rather confusion] ... more »
Thursday, July 29
Prevailing ACPA Defendant Awarded Attorneys Fees
by
Mark VB Partridge
on Thu 29 Jul 2004 05:30 PM EDT
After losing a perliminary injunction motion, the plaintiff, a suburban Chicago car dealer, continued to pursue its case against the use of the domain names gurneevolkswagen.com and gurneevolkswagon.com used by a dissatisfied customer to post her complainant about her experience with the car dealer. Judge Holderman ruled that the car dealer did not own rights in the GURNEE VOLKSWAGEN mark and that the defendant's noncommerical use of the domain name to voice her complaints did not violate the ACPA. Concluding that the prosecution of the case was oppressive, the Court granted the defendant's motion for attorney's fees. Rohr-Gurnee Motors Inc. ... more »
TERMINATOR4: Relief Denied Due to Lack Of Standing
by
Mark VB Partridge
on Thu 29 Jul 2004 09:02 AM EDT
A recent ICANN UDRP decison by Panelist Paul Van Slyke involving the domain name terminator4.com denies relief to the production company for the well-known Terminator movies because it lacked ownership or an exclusive license in the TERMINATOR mark. Intermedia Film Equities USA Inc. and AGV Productions, Inc. v. Varietydomains.com, Case No. D2004-0065 (WIPO July 23, 2004). The decision discusses the standing issue in detail with a good review of prior decisions. more »
Wednesday, July 28
DaVinci Code Author Dan Brown on Trademark Law
by
Mark VB Partridge
on Wed 28 Jul 2004 02:29 PM EDT
Professor David Becker, a protagonist in Dan Brown's novel Digital Fortress, lectures a punk on trademark law at a bar in Spain (Chapter 55):
"Catchy name. Make that up yourself?"
"Damn Straight," he said proudly. "I'm gonna patent it."
Becker scowled. "You mean trademark it?"
The kid looked confused.
"You'd need a trademark for a name," Becker said. "Not a patent."
"Whatever!" the punk screamed in frustration. more »
Google's Trademark Problems
by
Mark VB Partridge
on Wed 28 Jul 2004 10:43 AM EDT
As Google approaches what is touted as one of the largest IPOs ever, it faces a series of uncertainties about its trademark rights and practices. These include litigation over Google's keyword advertising practices, its failed ICANN UDRP case against FROOGLES, and now a challenges to its very name from a company with prior rights in GOOGLES. Does all this affect investors or the IPO value?
See new story on GOOGLES here; our previous entry on FROOGLES here; and our firm newsletter on keyword advertising here. More on the Google IPO here. more »
Tuesday, July 27
Representative Federal Cases
by
Mark VB Partridge
on Tue 27 Jul 2004 01:48 PM EST
Mark V.B. Partridge has represented major companies, growing businesses and creative individuals in intellectual property litigation in federal court for over 23 years.
While most cases have been settled before reaching decision, here are some of the cases that resulted in a reported decision by the Court:
DeJohn v. The .TV Corporation, 02 C 4497 (N.D. Ill. 2003). Defeated domain name registrant's claims against .tv registry and VeriSign on motion to dismiss.
Graves v. Pikulski, 115 F.Supp.2d 931 (S.D. Ill. 2000). Submitted successful motion to dismiss domain name registrar for improper venue.
O.P. Solutions Inc. v. Intellectual Property Network Ltd., 50 U.S.P.Q. 1399 (S.D.N.Y. ... more »
SUPREME COURT: COPA Violates First Amendment
by
Mark VB Partridge
on Tue 27 Jul 2004 09:05 AM EDT
In case you missed it, here's the Supreme Court's 5-4 decision in Ashcroft v. ACLU, June 29, 2004, affirming a district court ruling that enforcement of the Child Online Protection Act (COPA) should be enjoined because the statute likely violates the First Amendment. Opinion by Kennedy. Scalia, Breyer, Rhenquist and O'Connor dissent. more »
Monday, July 26
Another Book Recommendation: The Victorian Internet
by
Mark VB Partridge
on Mon 26 Jul 2004 03:15 PM EDT
The past often provides useful parallels and insights for the present. Much of our modern Internet discussion echoes the past, as is demonstrated by Tom Standage's book, The Victorian Internet: The remarkable story of the telegraph and the nineteenth century's on-line pioneers (Berkley Books 1998). Six years after publication, it seems even more on point than when it first came out. more »
The Free Exchange of Information
by
Mark VB Partridge
on Mon 26 Jul 2004 03:14 PM EDT
This site is premised on the principle that the free exchange of information is a good thing. There is growing recognition in the academic and legal community that expanded protection of intellectual property rights creates tension with the free exchange of information. As practioners focused on the protection of intellectual property, we should be aware of this debate. Two recent books provide an excellent introduction: Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, by Lawrence Lessig, and The Anarchist in the Library: How the Clash Between Freedom and Control is Hacking the ... more »
ICANN UDRP: Bad Faith Registration AND Use
by
Mark VB Partridge
on Mon 26 Jul 2004 03:11 PM EDT
A new ICANN UDRP decision by Panelist Philip Argy denying relief, PAA Laboratories Gmbh v. Printing Arts America, Case No. D2004-0338, provides a detailed discussion of the ICANN UDRP requirement to prove both bad faith registration and bad faith use. Argy argues that bad faith renewal is insufficient under the Policy if the registration was made in good faith in the first instances. Be aware.
Google loses Cybersquatting Claim Against Froogles
by
Mark VB Partridge
on Mon 26 Jul 2004 03:08 PM EDT
A National Arbitration Forum Panel in a split decision has denedi Google's ICANN UDRP claim seeking transfer of the domain name froogles.com. Google, Inc. v. Wolfe, FA0405000275419 (NAF July 18, 2004. The web site froogles.com is a portal for the sale of numerous products. Citing a four year delay in seeking relief, the majority concluded that the respondent's name was used for a bona fide offering of goods and was not registered or used in bad faith. more »
Saturday, July 24
Copyright Expands
by
Mark VB Partridge
on Sat 24 Jul 2004 01:12 PM EDT
Luck's Music Library, Inc. v. Ashcroft, Civil Action No. 01-2220 (N.D. N.C. June 10, 2004), discusses and upholds the constitutionality of the copyright restoration act, allowing retroactive copyright protection to remove works from the public domain. It is interesting to consider this case in conjunction with Larry Lessig's recent book, Free Culture, previously cited. Free Culture is available for free download for non-commercial purposes here. more »
Friday, July 23
Welcome
by
Mark VB Partridge
on Fri 23 Jul 2004 06:40 PM EDT
Welcome to this site. Please leave comments. Enjoy. 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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