Trademarks, Copyright and the Internet, by Mark V.B. Partridge, Partner, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Chicago, Illinois

www.GuidingRights.com

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www.GuidingRights.com

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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View Article  ABA Cyberspace Law Blog

The ABA Cyberspace Law Committee is hosting a blog in connection with the Spring Meeting of the ABA Business Law Section in Nachville, Tennessee.  Visit the site here:

http://aba-cyberspace.blogspot.com/

   more »
View Article  Registration of www.foradodge.com Deemed Bad Faith

Sixth Circuit affirms lower court ACPA decision in DaimlerChrysler v. Net Inc., (6th Cir., October 28, 2004).

Decision available here.

   more »
View Article  Battle Over Rights to Bluesman Robert Johnson

Mitchell Pacelle has an fine article in the March 22 Wall Street Journal, entitled "Blues Rifts: Snapshots Of a Music Legend Lead to Tug of War."

Pacelle reports on the long-running controversy over rights in the music, photos and memorabilia of Robert Johnson, blues legend inspiration to rock legends The Rolling Stones and Eric Clapton, among others.

Johnson died in poverty without a will in 1938.  Heirs now fight over rights valued in the millions.

Of particular note is the legal battle over rare photos of the bluesman, such as that gracing the cover of Eric Clapton's recent tribute album, ...   more »

View Article  Hillary Rodham Clinton Recovers Domain Name in ICANN UDRP Action

Readers of this blog will recall that we have followed various cases involving the personal names of polictial figures.

A new decision noteworthy for the high profile of the Complainant has been issued by NAF Panelist Tyrus R. Atkinson Jr. 

The decision is available here: Hillary Rodham Clinton v. Michele Dinola (NAF March 18, 2005).

   more »
View Article  Can Anyone Make Money on the Internet?

Remember when people wondered if anyone would ever make any money on the Internet? Then the views of those who doubted were confirmed by the Dot Com bust.

If anyone still harbors doubts, you might consider the announcement today that Barry Diller's Internet company AC/InterActiveCorp is completing a deal to buy ASK JEEVES, the nation's fourth largest search engine, for about $1.9 Billion, as reported by Geraldine Fabrikant in The New York Times.  Article here.

 

 

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View Article  A Busy Weekend for Seminars

It's always fun to speak to groups outside my usual sphere of influence.  This weekend was a great example: professional speakers and professional engineers, rather than lawyers.

On Friday, I went to Oakbrook, Illinois, to lead two discussions groups on "Copyright, Contracts and Writing" at the Chicago Chapter of the National Speakers Association.  (see previous post).  You might imagine that there's no lag in the conversation when you're with a group of people who make their living as professional speakers.

On Saturday, Rich Beem, a Chicago patent lawyer, and I conducted an afternoon seminar in Rosemont, Illinois, for the American Society ...   more »

View Article  Speaking at the Illinois Chapter of the National Speakers Association

On March 18, 2005, I'll be part of a "Meet the Pros" program at the Illinois Chapter of the National Speakers Assocation (NSA).

The featured speaker is Sam Horn, a well-known speaker and consultant on book marketing.

I will be meeting with small groups to discuss "Copyright, Contracts and Writing.

The topics on my agenda include:

The nature of copyright - what it covers, and what is not covered.
 
How copyright is created - tangible expression.  Are speeches protected?
 
Who owns copyright - author, employees, independent contractor, joint authors.
 
The benefits of registration - statutory damages, ...   more »
View Article  Fair Use Defense Survives Summary Judgment in Eminem Copyright Case

The defendant's fair use defense regarding use of Eminem's early works on web site survives motion for summary judgment in this New York case:

Shady Records Inc. v. Source Enterprises Inc.

   more »
View Article  ICANN UDRP Cases in Federal Court

I was recently asked how often the federal courts handle appeals of ICANN UDRP decisions.

The best sources I know of where this information is collected are:

UDRPlaw.net court challenge database.

and

WIPO UDRP-related Court Cases

Please comment if you know of other useful resources on this point.

   more »
View Article  Fair Use for Writers

I was recently asked by an aspiring author if she could write a novel based on characters from a television show. 

The smart answer is: I don't know, can you write?

The legal answer is: well, that's not easy to answer. 

Here are some of the things I invited here to read:

Demi Moore, Dr. Seuss and Seinfeld, David Goldberg and Robert J. Bernstein

Suntrust Bank v. Houghton Mifflin Company, 252 F.3d 1165 (11th Cir. 2001)

Castle Rock Entertainment, Inc. v. Carol Publishing Group, 150 F.3d (2d Cir. 1998)

The Seinfeld and the Wind Done Gone Cases: Studies in ...   more »

View Article  Noteworthy Articles on Trademark Law by Graeme Dinwwodie

Professor Graeme B. Dinwoodie, Director of the Intellectual Property Law Program at Chicago-Kent College of Law has two recent articles worth attention:

"The Trademark Jurisprudence of the Rehnquist Court," Marquette Intellectual Property Law Review, Vol. 8, No. 2 (Summer 2004)

and

"Trademarks and Territory: Detaching Trademark Law from the Nation-State," Houston Law Review, Vol. 41, No. 3 (Symposium 2004).

My thanks to him for sending copies my way.

   more »
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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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