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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.

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"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."

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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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The Independent Marketability Standard for Copyright Protection

by Mark VB Partridge on Tue 02 Aug 2005 01:00 AM EST | Permanent Link

In Galiano v. Harrah's Operating Co., (5th Cir. July 7, 2005), the Court eschews the "conceptual separability" test in favor of an "independent marketability" test to determine if a garment design has features that are capable of existing independently of the utilitarian aspects of the article.

Under this test, a court attempts to determine if there are any features of the garment that have a likelihood of being marketed independently. This might be the case for the artistic appearance of a fabric design.

In contrast, another Court continues its reliance on the conceptually separable standard in Choson International Inc. v. Chrisha Creations Ltd. (2nd Cir. July 1, 2005).

Keywords: copyright, law, litigation, Chicago

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