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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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« September 09 | September 14 »

Friday, September 10

Fair Use: Component Product's Mark

by Mark VB Partridge on Fri 10 Sep 2004 12:01 PM EST

The manufacturer of a composite product using another's product as a component may use the component product's mark to truthfully disclose the use of the component without seeking permission or creating an infringement. Thus, Sally Sherman, a marketer of tuna salad, could state on containers: "Made With Bumble Bee Tuna." Bumble Bee Seafoods LLC v. UFS Industries Inc., 71 U.S.P.Q.2d 1684 (S.D.N.Y. 2004).

Following well-settled principles, the court cites and quotes from a treatise by my partners, Pattishall, Hilliard & Welch, Trademarks and Unfair Competition 7.06[1] (2d Ed. 2003), stating: "In permitted use decisions, the courts emphasize truthful disclosure. . . ... more »

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Your Trademark Sucks.com

by Mark VB Partridge on Fri 10 Sep 2004 07:52 AM EST

Recent attention to the Eighth Circuit decision in Coca-Cola v. Purdy brings to mind the class of sometimes difficult cases involving the use of another's trademark as a domain name for criticism.

An ICANN UDRP decision, Full Sail Inc. v. Ryan Spevack, Case No. D2003-0502 (WIPO October 3, 2003), by Mark VB Partridge, presiding panelist, with Frederick M. Abbott and G. Gervaise Davis III, included a review and analysis of the "your trademark sucks.com" cases that remains a useful reference worthy (I hope) of the lengthy quote below.

In relevant part, that decision states:

It seems that five different rationales have been expressed for finding that the domain name with ... more »

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