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

www.Pattishall.com

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www.GuidingRights.com

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

ORDER BOOK HERE

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View Article  Commercial Disparagement Recognized in Illinois

A recent Illinois decision recognizes a claim for "commercial disparagement" based on a "vituperative" advertisement, Imperial Apparel Ltd. v. Cosmos's Designer Direct, Inc., 2006 WL 2129448, rejecting a 1997 decision which had concluded there was no remedy for commerical disparagement in Illinois.  The decision provides an additional tool for taking action against disparaging statements made in advertising.

The defendant's remarkable advertisement asserted that the plaintiff was attempting to pull the "polyester over your eyes" with "a low rent 3-for imitation that has the transparency of a hooker's come on" with inflated prices, compromised quality and "all the integrity of the ...   more »

View Article  Do Excerpts Infringe? Microsoft and Google Face Challenges

Does the republication and distribution of short excerpts from news articles with links to the original constitute copyright infringement or fair use?  The practice is common on the part of search engines, news aggregators and bloggers.  But is it permited?

Google has been involved in a lawsuit over the practice for some time.  Read more here.  More recently, Microsoft has agreed to comply with a cease and desist demand sent on behalf of Belgian newspaper publishers, as reported here.  Google's comment on its current dispute in Belgium appears here. SearchEngineWatch provides interesting commentary and background here....   more »

View Article  My Articles
"Intellectual Property: Protect What Is Yours and Avoid Taking What Belongs to Someone Else," Chapter 44, ASTD Handbook for Workplace Learning Professionals, Elaine Biech, editor (ASTD Press 2008)

"Building Your B.R.A.N.D. - Five Steps to Greater Business Success," Ezinearticles.com (February 2008)

"How One Small Business Used Intellectual Property To Create Incredible Success," Ezinearticles.com (October 2007)

"Five Steps for Creating a Valuable Brand - The Billion Dollar Cookie," Ezinearticles.com (August 2007)

"ICANN UDRP - Six Tips for Effective Advocacy to Win Domain Name Disputes," Ezinearticles.com (June 2007)
 
"Counterfeit Wines Leave Bad Taste for Chicago Trademark Lawyer - Recalling Erzatz Pine-Sol," Ezinearticles.com (June 2007)
 
"Five Key Question About IP Help Increase Market Value and Improve Bottom Line Results," Ezinearticles.com (May 2007)
 
"Intellectual Property Is Your Greatest Asset - Four Ways To Create Value," Ezinearticles.com (May 2007
 
"Advice to a Young Lawyer - Three Key Steps to building Your Professional Career," Exinearticles.com (May 2007)
 
"How To Avoid Domain Name Loss," Ezinearticles.com (April 2007)

"Where Does Roberts Stand on Intellectual Property Issues?" Law.com, October (2005)

"How to Win Domain Name Cases," Managing Intellectual Property, February (2005)

"Wurlitzer Case Sounds Note of Caution on Splitting Trademarks," Law.com, February (2005)

"Trademark Enforcement Goes Global," Law.com, December (2004)

"The Hidden Hazards of Standard Book Contracts," Byline Magazine, November (2004)

"Effective Brand Protection on the Internet," published in Brands in the Boardroom, by Intellectual Asset Management Magazine (May 2004)

"Trade Dress Protection and the Problem of Distinctiveness," The John Marshall Law School Review of Intellectual Property Law, Spring (2002)
 
"The Limitation Period for Copyright Claims," IP Litigator, May (2001)
 
"Infringement as the Key to Rights in Derivative Works," IP Litigator, April (2001)
 
"Jurisdiction for Copyright Claims Incidental to Contract Disputes," IP Litigator, February (2001)
 
"Copyright Preemption In the Internet Age,” IP Litigator, November/December (2000)
 
“Comparative Advertising and the Fair Use Defense,” IP Litigator, September/October (2000)
 
“Derivative Works in the Digital Age,” IP Litigator, July/August (2000)
 
“Likelihood of Confusion: Understanding Trademark Law’s Key Principle,” IP Litigator, March/April (2000)
 
“Copyright Litigation: Determining Copyright Damages,” IP Litigator, March/April (2000)
 
“Copyright Litigation: The Key Dimensions of the Fair Use Defense,” IP Litigator, November/December (1999)
 
“Trademark Rights In Corporate Transactions,” INTA Trademarks In Business Transactions Forum, September (1999)
 
“Copyright Litigation: Understanding Substantial Similarity and Scope of Protection,” IP Litigator, May/June (1999).
 
"Choice of Law in International Copyright Disputes," IP Litigator, January/February (1999)
 
"Seeking Damages for Extraterritorial Copyright Infringement," IP Litigator November/December (1998)
 
"Preventing Parallel Imports," IP Litigator July/August (1998)
 
"A Review of Recent Trademark and Unfair Competition Cases in the U.S." IDEA:  The Journal of Law and Technology (1997)
 
"Trademark Parody and the First Amendment:  Humor in the Eye of the Beholder," 29 The John Marshall Law Review (1996)
 
"Validity of U.S. Trademark Registration Not Revived After Abandonment,"  European Intellectual Property Review (1996)
 
"Recent Developments in Intellectual Property Law - Seventh Circuit," ABA Business Section Report, April, 1996
 
"The Impact of Insurance Coverage on Intellectual Property Litigation," Firm Bulletin (1994)
 
"Managing Cases, Information and Yourself," Winning With Computers:  Trial Practice in the 21st Century, Part 2, ABA (1993)
 
"The Madrid Express:  An Introduction to the Madrid System for International Registration and Its Impending Impact on the United States," AIPLA Selected Legal Papers (1992)
 
"Developments in Trademark and Unfair Competition Law," 24 The John Marshall Law Review (1990)
View Article  Mediation and Arbitration of Intellectual Property Disputes, November 3, 2006

Don't miss . . .

this joint program co-sponsored by the World Intellectual Property Organization, the ABA Section on Intellectual Property Law and AIPPI United States on November 3, 2006, at the Newberry Library, Chicago, Illinois, entitled:

"Mediation and Arbitration of Intellectual Property Disputes"

The ABA brochure and registration info is available here.

I will be speaking on "Domain Name Dispute Resolution Trends."

Others on the program include:

Nils Montan, President of the International Anti-Counterfeiting Coalition

Erik Wilbers, Acting Director, WIPO Arbitration and Mediation Center

M. Scott Donahey, Palo Alto, California

David Einhorn, New York, New York

Andrew Simpson, Irvine, ...   more »

View Article  New Audio Program: "Intellectual Property Is Your Greatest Asset"

Business owners frequently ask me for resources they can use to create an intellectual property protection strategy for their company. Here's a new audio program directed at that need:

 "Intellectual Property Is Your Greatest Asset:
Protect It, Use It or Lose It"

This is a one-hour live audio recording of a workshop I presented at the National Speakers Association in Washington DC.  You will learn the four ways that IP increases the value of your business, the three crucial risks faced by business that fail to protect IP, and the two principal reasons businesses fail to take action.  You will also ...   more »

View Article  Surviving the Minefield of Dead Celebrities

My partner Jonathan Jennings will be speaking at the annual AIPLA meeting in Washington D.C. this week on a program on "Movies, Music and Dead Celebrities."  His topic is "Surviving the Minefield of Dead Celebrities."  For more information you can contact Jonathan by phone at 312-554-8000 or through our firm website at www.pattishall.com.

In addition to his private practice, Jonathan is an adjunct professor on Right of Publicity law at John Marshall Law School and lead an initiative in Illinois to adopt a state right of publicity statute.

   more »
View Article  Defeating Abandonment with Minimal Use

The Ninth Circuit's decision Electro Source, LLC v. Brandess-Kalt-Aetna Corp. et. al., addresses the problem of abandonment faced by a failing company.  The Court states:

Legitimate commercial transport or sales of trademarked Goods, even for a failing business, are sufficient to defeat a claim of abandonment.

Full decision available here.

   more »
View Article  New Trademark Dilution Act Enacted by Congress

Congress has enacted new legislation relating to trademark dilution.  Here's a brief article on this development by my partner, Uli Widmaier:

 

Dilution occurs when third-party uses of a famous mark whittle away its distinctiveness (dilution by blurring) or harm its reputation (dilution by tarnishment). Unchecked, it can quickly destroy the value and commercial magnetism of a famous mark.

Pattishall attorneys spearheaded comprehensive legislation to protect against this insidious harm. On September 25, 2006, their efforts came to fruition when Congress passed the Trademark Dilution Revision Act (H.R. 683). President Bush is expected to sign the Act within the next ...   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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