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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 04 | September 09 »

Tuesday, September 7

Counterclaim for Defamation Dismissed Due to Litigation Privilege

by Mark VB Partridge on Tue 07 Sep 2004 06:58 PM EDT

Public statements by plaintiffs in the heat of litigation can become fodder for counterclaims as defendants seek leverage. The litigation privilege can be an early way out.

NSB Technologies sued Specialty Direct Marketing for copyright infringement based on a breached royalty agreement for the use of computer software. During the case, NSB made allegedly defamatory statements about SDM, giving rise to a counterclaim. Judge Keys of the Northern District of Illinois dismissed the counterclaim, finding that federal common law recognizes a litigation privilege barring such claims stemming from statements that are related to judicial proceedings.

NSB Technologies v. Specialty Direct Marketing, ... more »

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Porsche Loses Bid to Recover Porschebuy.com in ICANN UDRP Action

by Mark VB Partridge on Tue 07 Sep 2004 09:54 AM EDT

Del Fabbro Laurent registered and used the domain names www.porsche-buy.com and www.porschebuy.com to sell used Porsche cars. Porsche filed a UDRP complaint to recover the domain names. Dr. Ing.h.c.F.Porsche AG v. Del Fabbro Laurent, Case No. D2004-0481 (WIPO, August 20, 2004)

Panelist Michael Bernasconi concluded that the names were used in good faith and did not constitute a violation of the Policy.

On the issue of bona fide use, the panel stated:

To be bona fide, the offering must meet several requirements (see Philip Morris Incorporated v. Alex Tsypkin, WIPO Case No. D2002-0946; Oki Data Americas, Inc. v. ASD, ... more »

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