The Supreme Court has reversed the Arthur Anderson document destruction conviction.

News report here.

I haven't see the decision yet, but anticipate that this will be important reading for all attorneys involved in corporate investigations and litigation.

My colleague Chad Doellinger has a new article appearing in  the John Marshall Law School Review of Intellectual Property Law:

"Recent Developments in Trademark Law: Confusion, Free Speech and the Question of Use."

Contact Chad here with your questions and comments.

Like many of you, I've just returned from the International Trademark Association (INTA) annual meeting in San Diego. 

It's an amazing meeting, with about 8000 registrants, plus many more who appear for specific events without attending the whole meeting.  There's more going on from May 14 through May 19 than one can absorb, so selective focus is the only way to manage.

My focus for the meeting was divided into three areas.

Part of my focus was on the upcoming Trademarks in Cyberspace Forum 2005 in Vancover, Canada, on September 12 and 13, 2005.  My role will be to ...   more »

Pete Mitchell of KTIE radio 590 am in Southern California recently interviewed me about Guiding Rights and other Internet issues for his program Social Weapons.  I understand the interview will air on May 14 at 11 am PST.

During the interview we discussed my book, trademark and domain names, ad words and phishing.

If you're by a radio in Southern California on May 14, please listen in. You can also listen in via the Internet at these sites:

www.socialweapons.com

www.590ktie.com

Please check out the program and let me know what you think.

PracticeWorks Inc. v. Professional Software Solutions of Illinois Inc., 72 U.S.P.Q.2d (D. Md., June 23, 2004).  Defendant's prohibited by contract and copyright from using Plaintiff's software to provide technical support and services to customers.

Logicom Inclusive Inc. v. W.P. Stewart & Co., 72 U.S.P.Q.2d 1632 (S.D.N.Y., August 10, 2004).  Holds that parties need not always use the phrase "works made for hire" to create a valid work made for hire agreement.  Also discusses preemption of related state claims and the rights to make modifications under 17 U.S.C. 117 "as an essential step in utilization" of software.

Karaoke not not permitted copyright parody according to South District of Indiana decision issued March 29, 2005, in Morganactive Songs v. K & M Fox Inc.

New gray market decision issued on April 25, 2005, in American Circuit Breaker Corp v. Oregon Breakers Inc.

Story reported here.

Law Seminars International is presenting a day long seminar entitled "Copyright Law for Business People and Lawyers" on May 23, 2005, at the Hilton Chicago Hotel.

I will be speaking on "What to Copyright: what works are protected by copyright; what should you protect; scope, duration, and ownership; databases; Copyright Extension Act"

More on the program is available here.

My partner Uli Widmaier has a new article in the Hofstra Law Review, "Use, Liability, and the Structure of Trademark Law." 

It's bound to stir debate.

Uli's conclusion:

My partner Sanjiv Sarwate has a new article on the Grokster case in the Spring 2005 Newsletter from the Intellectual Property Law Committee of the ABA Tort Trial & Insurance Practice Section:

"Cases to Watch in 2005: MGM v. Grokster"

The popular law school coursebook, Trademarks and Unfair Competition, cited by the Supreme Court in its Victoria's Secret  dilution decision and authored by Pattishall McAuliffe partners Beverly W. Pattishall (1916 - 2002), David C. Hilliard and Joseph N. Welch II, has just been released in its sixth edition by Lexis Publishing. 

This new edition retains the structure and detailed analysis that have contributed to the coursebook's popularity, while incorporating many new developments in this area of the law, with a particular emphasis on ecommerce and the Internet.  

The most recent Supreme Court decisions are covered, including KP Permanent (fair ...   more »

Failure to implement adequate confidentiality policy dooms protection of customer list in this Illinois decision:

Liebert Corp. v. Mazur, (Ill.  App. Ct., April 5, 2005)