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

www.GuidingRights.com

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Guiding Rights
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ORDER BOOK HERE

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

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View Article  Mark V.B. Partridge Named Illinois Super Lawyer

I'm honored to learn I've been named an Illinois Super Lawyer in Intellectual Property.  More details and complete listings are available at www.superlawyer.com.

The Super Lawyer list is compiled by Law & Politics based on a survey of 47,000 attorneys statewide.  Only 5% of Illinois attorneys earned the distinction.

Other firm partners selected were Brett A. August, Raymond I. Geraldson, Jr., Robert W. Sacoff and Joseph Nye Welch II.

   more »
View Article  New Pope Prompts Domain Name Speculation

See stories:

Registering Pope's name a 'challenge'  (GlobeAndMail.com)

Picking the Pope's Domain Name (BoingBoing)

 

   more »
View Article  ACPA Applies to Noncommercial Use of Domain Name

A recent decision by the Ninth Circuit confirms that "commercial use" by the defendant is required for a Lanham Act trademark or dilution claim, but is not required in a cybersquatting claim under the ACPA.

Michael Kremer, a dissatisfied hair transplant patient, used the domain name www.BosleyMedical.com as a site critical to the Bosley Medical Institute, a hair transplant clinic. Bosley sued. The district court entered summary judgment for Kremer on the grounds that his conduct was not commercial.  See Bosley Medical Institute, Inc. v. Bosley Medical Group, 2005 U.S. App. LEXIS 5329 (9th Cir., April 4, 2005).

Kremer's ...   more »

View Article  End of the Road for Nissan

It's been a long road that merits a more detailed account, but Usi Nissan's odyssey over the domain name www.nissan.com comes to an apparent end with the Supreme Court's denial of cert.  See story here.

 

   more »
View Article  Symantec Wins $3.1 Million by Default
Symantec has been awarded $3.1 million in a default judgment against Sam Jain for software piracy, but can it collect?  Story here.   more »
View Article  Old Recordings Protected by Common Law Copyright

The New York Supreme Court has ruled that pre-1972 sound recordings are entitled to common law copyright protection.

See the story here: "Court rules common law protects recordings made before U.S. copyright law"

 

 

   more »
View Article  Wal-Mart Recovers Sam Walton Name

Panelist Scott Donahey awards Wal-Mart the domain name www.samwalton.com in this recent decision:  Wal-Mart Stores, Inc. and Mrs. Helen Walton v. Bestinfo/David Webb, Case No. D2005-0086 (WIPO March 25, 2005).

A key issue in UDRP actions involving personal names is the finding that the name is protectable as a common law mark, the the Policy does not provide protection for personal names per se.

The Panel finds as follows on that point:

. . . Complainant Wal-Mart Stores, Inc. has common law rights in the trademark SAM WALTON by virtue of its prominent and continuous use in conjunction with ...   more »

View Article  Trackbacks

Thank you to those of you who have made a legitimate link to this site with a trackback.  I appreciate the interest and am happen to send others your way.

Lately, however, I've been flooded with trackbacks to diet pills and online casinos. 

I have nothing personal against such things, but I doubt they are really interested in my content or that my readers are interested in theirs.

As a result, I will no longer be able to offer trackback notifications on this site.  I apologise for the inconvenience.

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View Article  Google Loses Motion in American Blind

A California federal court allows American Blind's case against Google's search terms proceed to trial.

Story reported here.

 

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View Article  The Effect of the Internet on Trademark Law

I will be speaking on "The Effect of the Internet on Trademark Law" at Cardozo Law School in New York on April 7, 2005, at the invitation of Professor Barton Beebe.

It's truly remarkable to consider the changes to trademark law as a result of the Internet in the ten years since Internet-related trademark disputes first began to reach the U.S. courts.

Trademark lawyers who had never previously been online now routinely deal with ACPA claims and UDRP disputes.

Please share your thoughts.  What do you think are the key effects of the Internet on Trademark Law? 

   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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