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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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Tuesday, August 30
ICANN UDRP: Failure to Prove Bad Faith Registration
by
Mark VB Partridge
on Tue 30 Aug 2005 09:00 AM EST
A Swiss company, Outils Rubis Ltd., challenged the domain name www.rubis.com based on its rights in RUBIS for tweezers.
Outils Rubis Ltd. v. NETPLUS Communication, Case No. D2005-0645
Panelist Geert Glas denied relief, stating:
The use of the word “and” implies that the Policy requires the Complainant to prove bad faith in both (i) the use and (ii) the registration of the disputed domain name (see amongst others WIPO Case No. D2000-0003, Telstra Corporation Limited v. Nuclear Marshmallows and WIPO Case No. D2003-0453, Paule Ka v. Paula Korenek).
In its Complaint dated June 21, 2005, the Complainant only asserts that ... more »
Monday, August 29
Bowie Bonds Bounce Back
by
Mark VB Partridge
on Mon 29 Aug 2005 09:00 AM EST
"Bowie Bond," after musician David Bowie, is the name given to bonds offering investments in the future earnings of a musician. In 1997 David Bowie used the device to raise $55 million.
Bowie Bonds are an asset-based security. The idea is this: the investor pays money up front to buy a bond providing a revenue stream produced by the royalties from the artist's music. If the royalties meet or exceed expectations, the investor's investment is sound. If the royalties decline below expectations, the investor loses and the value of the bond declines.
The strategy of securitizing revenue streams generated by an asset ... more »
Saturday, August 27
Copyright Safe Harbor for Machine Maintenance
by
Mark VB Partridge
on Sat 27 Aug 2005 09:00 AM EST
Federal Circuit issues significant decision interpreting the Copyright Act Safe Harbor for Machine Maintenance or Repair -- Storage Technology Corp. v. Custom Hardware Engineering & Consulting, Inc. 04-1462. The dissent asserts that the decision destroys copyright protection for computer monitoring software. more »
Friday, August 26
Radio Stations Battle Over Jack FM Slogans
by
Mark VB Partridge
on Fri 26 Aug 2005 09:00 AM EST
A number of law suits have been filed involving the radio slogans used by Jack FM:
"playing what we want."
"playing whatever we want."
"playing whatever the hell we want."
Read more here and here and here more »
Thursday, August 25
Descriptive Use of "Historic Hotels" for Travel Services Deemed Legitimate Interest Under ICANN UDRP
by
Mark VB Partridge
on Thu 25 Aug 2005 09:00 AM EST
Complainant, National Trust for Historic Preservation, owns rights in the mark HISTORIC HOTELS OF AMERICA. Respondent offers travel services at www.historichotels.com.
National Trust for Historic Preservation v. Barry Preston, Case No. D2005-0424
A three-member Panel denies relief, stating:
It is clear that the Respondent’s website is in the nature of a general online travel site, and that the reservation services offered there are by no means restricted to establishments identified or recognized as historic hotels. Nevertheless, the Respondent claims to have adopted the domain name without awareness of the Complainant or its HISTORIC HOTELS OF AMERICA mark, the Respondent commenced ... more »
Wednesday, August 24
Falwell v. Lamparello Update: Appellate Court Reverses Pro-Falwell Domain Name Decision
by
Mark VB Partridge
on Wed 24 Aug 2005 04:43 PM EST
Reversing a lower court decision in Jerry Falwell's favor, the Fourth Circuit has allowed Christopher Lamparello to use the domain name www.fallwell.com to criticize Falwell's position on homosexuality.
See Lamparello v. Falwell, Case No. 04-2011 (4th Cir., August 24, 2005). more »
Criticism of Trademark Owner Deemed Legitimate Interest under ICANN UDRP
by
Mark VB Partridge
on Wed 24 Aug 2005 09:00 AM EST
BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business.
Panelist Daniel Gervais denied relief, stating:
The use of the domain name to criticize a company is prima facie fair use. The Respondent is entitled to use the Internet to exercise his free speech rights and express his opinion in this way, subject to other laws of course (copyright, fraud, libel, etc.). However, by reflecting the exact trade name and trademark of the Complainant, the Complainant argues that Respondent’s intent is to tarnish the mark. The Panel acknowledges ... more »
Tuesday, August 23
Early Learning Centre Loses ICANN UDRP Case
by
Mark VB Partridge
on Tue 23 Aug 2005 09:00 AM EST
Early Learning Centre in the UK challenged registration of the domain name www.earlylearningcentre.com by a respondent located in Viet Nam. The respondent defaulted.
Panelist Warwick Smith denied relief, stating:
In summary, the Panel finds that the Complainant has failed to prove this part of the Complaint, for a combination of the following reasons:
1. The Respondent appears to be domiciled in Vietnam. There is no evidence of the Complainant’s mark being registered in that country, and insufficient evidence of its advertising or general reputation extending to that country.
2. The Panel is not prepared to apply any doctrine of “constructive ... more »
Monday, August 22
Happy Birthday - We're One Year Old
by
Mark VB Partridge
on Mon 22 Aug 2005 09:00 AM EST
This blog was started in August 2004. My sincere thanks to all of you who have been coming to the site over the past year. From time to time I hear from some of you telling me that you appreciate the site. Your kind words make the effort worthwhile.
Some of the good things over the past year are:
1. Several posts have been selected by www.circleid.com for republication. I'm flattered.
2. Matthew Holmann at [non]billable hour noticed early on and invited my comments for his five by five post on IP. Thanks Matt.
3. Several other great ... more »
Tuesday, August 16
Small Businesses Confront Trademark Battles
by
Mark VB Partridge
on Tue 16 Aug 2005 09:00 AM EST
"Can you afford to be right?" is a question confronting many small businesses faced with litigation.
Sandra Swanson reports on small businesses facing trademark litigation in an article entitled "David v. Goliath" in Crain's Chicago Business, August 8, 2005, with sidebar by Emily Bryson York.
The conflicts identified include:
ScottEVest challenged by IBM ("e" typeface).
You're Fired, a Glenview pottery studio, concerned about Donald Trump.
Improv Olympics, challenged by the U.S. Olympic Committee.
Note: Online access to article requires registration. more »
Monday, August 15
Trademark Blog Promotes INTA Cyberspace Forum
by
Mark VB Partridge
on Mon 15 Aug 2005 09:00 AM EST
Martin Schwimmer at the Trademark Blog has posted the program for the INTA Cyberspace Forum 2005 in Vancouver, Canada on September 12 and 13.
He will be speaking at the forum on TOOLS OF THE TRADE: SOFTWARE, SERVICES AND STRATEGIES TO PROTECT AND MAINTAIN TRADEMARKS AND DOMAIN NAMES.
I will also be speaking at the forum, on LEGAL UPDATE: RECENT DECISIONS INVOLVING TRADEMARKS, COPYRIGHT, DOMAIN NAMES AND OTHER ISSUES.
Others on the program include Rose Hagen from Google (providing the inside scope on the latest in adward cases), Fran Jagla from Microsoft, Sarah Deutsch from Verison, Rebecca Watt from Amazon.com, Christy ... more »
Friday, August 12
Addition of House Mark May Avoid Confusion
by
Mark VB Partridge
on Fri 12 Aug 2005 09:00 AM EST
A well-established line of cases holds that the addition of another's name to a mark does not preclude a finding of infringement. Following this view, it is likely that the owner of the mark AUDITOR for pens would have a successful claim against JOHNSON AUDITOR for pens.
A recent TTAB decision, however, shows that this general rule is not always persuasive. In Knight Textile Corp. v. Jones Investment Co., 75 U.S.P.Q.2d 1313 (TTAB 6/21/05), the Board ruled that NORTON McNAUGHTON ESSENTIALS was sufficiently distinguishable from prior use and registration of ESSENTIALS for similar goods that confusion was not likely.
Reconciling ... more »
Thursday, August 11
Online Acceptance Inferred in Absence of Affirmative Click-Through
by
Mark VB Partridge
on Thu 11 Aug 2005 09:00 AM EST
Click-through agreements have become common and are a good practice for online transactions. A recent case, however, indicates that affirmative click-through consent may is not always required.
In Cairo v. Crossmedia Services, Inc. (N.D. Cal. April 1, 2005), the Terms of Use were posted on the web site via a hyperlink contained on the bottom of CMS's web sites. The court found that "Cairo's repeated and automated use of CMS's web pages can form the basis for imputing knowledge to Cairo of the terms on which CMS's services were offered even before Cairo's notice of CMS's cease and desist ... more »
 1 Attachments
Wednesday, August 10
Da Vinci Code Author Cleared of Copyright Infringement
by
Mark VB Partridge
on Wed 10 Aug 2005 09:00 PM EST
Lewis Perdue, author of Daughter of God, accused Dan Brown for copyright infringement, seeking $150 million in damages, claiming the The Da Vinci Code premise was lifted from Perdue's book.
Since ideas and general themes are not protectable, case dismissed. Story here.
more »
Tuesday, August 9
ABA Worries about Judicial Intimidation
by
Mark VB Partridge
on Tue 09 Aug 2005 09:00 AM EST
The ABA annual meetings in Chicago ends, having addressed concerns about judicial aggravation and intimidation, as explained in this story by Martha Neil for the ABA Journal Daily Report. more »
Monday, August 8
Apple Prevails in iTunes Domain Name Dispute
by
Mark VB Partridge
on Mon 08 Aug 2005 09:00 AM EST
Apple has been battling for the domain name www.itunes.co.uk registered in 2000 by one Benjamin Cohen.
Last week the High Court in London rejected a petition for review, apparently letting stand a decision in Apple's favor.
ITVibe reports the story here.
The Nominet decision is available here. more »
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