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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
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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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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).

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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 »

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