Speaking about Trademarks, Copyright and the Internet, by Chicago Trademark Attorney Mark V.B. Partridge, Partner, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Chicago, Illinois

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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

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View Article  Off Shore Patent Holders: More news that the world is flat?

The Intellectual Property Owners Association has issued a report on the "Top 300 Organizations Granted U.S. Patents in 2005."

The top ten are:

 
Looking over the list, I wonder: is this more news that the world is flat, as claimed and demonstrated so well in Tom Friedman's book?
   more »
View Article  Sarbanes-Oxley and IP: Economic Impact

Continued . . .

Economic Impact of Compliance

Compliance with Sarbanes-Oxley is expensive.  The initial SEC estimate was $91,000 per company.  This has been shown to be woefully low.[1]  A survey by CRA International disclosed that smaller companies ($75 to $700 million in market cap) faced average second-year SOX compliance costs of $860,000, down 31% from year one.  Companies over $700 million faced year two compliance costs on average of $4.8 million, down 44%.[2]

Strong criticism and call for reform and repeal has arisen claiming disaster.  Compliance is wasteful and too expensive.  ...   more »

View Article  Plagiarism in the Kitchen

As a fan of good food and wine, I have considered from time to time starting a second blog on those interests, rarely finding opportunity for overlap with the IP topics normally addressed here.  And so I took considerable pleasure today from my Saturday Wall Street Journal, which offered a tasty marriage of IP rights, exotic recipes and fine restaurants in Katy McLaughlin's article:

"That Melon Tenderloin Looks Awfully Familiar . . . Chefs say copycats are ripping them off--so some are fighting back with secrecy, lawyers; a patent for the noodles."

Ms. McLaughlin reports on the efforts to such famed food fora as ...   more »

View Article  Sarbanes-Oxley and IP: Best Practices for Compliance

CONTINUED . . .

IP Compliance Obligations under Sarbanes-Oxley

Intellectual property compliance obligations arise in at least these ways under Sarbanes-Oxley.  First, the lesson of the intellectual asset management movement is that intellectual property is a material asset of most businesses.  Therefore, it should follow that a CEO and CFO responsible for certifying the financial condition of a company must insure that there are systems in place to manage IP assets and to bring material changes to the attention of management.

Second, the consequence of the GAAP changes by FASB regarding goodwill and intangible assets is that financial ...   more »

View Article  Intellectual Property Is Your Greatest Asset: Increasing Protection Against Cybersquatting

Savvy business owners know that intellectual property is a company's greatest asset.  The challenge is how to maximize both asset value and ROI.

As companies increase reliance on the Internet as a marketing medium, cybersquatting becomes a growing drain on revenue.  The ACPA and ICANN UDRP are useful tools to combat the problem.  These tools can be sharpened and made more effective through a sound trademark registration strategy. 

A company that relies on common law trademark rights faces increased expense in proving rights and challenging cybersquatting.   Many companies recognize the advantage of owning trademark registrations in their home market and ...   more »

View Article  ABA: The Intellectual Property Handbook: A Practical Guide for Franchise, Business and IP Counsel

I'm occasionally asked to recommend intellectual property reference materials at a reasonable cost.

In case you missed it, the ABA published a useful guide to intellectual property last fall.  My partner, Jonathan Jennings, prepared the chapter on "Domain Names and Trademarks on the Internet."  Other chapters address trademarks, copyrights, patents, and trade secrets. For more, visit the ABA site.  It costs $90 for IP Section members.

   more »
View Article  Sabranes-Oxley and IP: Three Trends Creating IP Obligations

CONTINUED . . .

Three Trends Converge to Create IP Oversight Obligations

Sarbanes-Oxley rises as a phoenix from the ashes of Enron.  Yet, the application of the Act to intellectual property has origins predating the Enron scandal and can now be attributed to the convergence of three related trends.

1.         The Intellectual Asset Movement[1]

Intellectual property must be recognized as a major corporate asset.  Beginning in the early 90's, there was growing recognition that financial reports dramatically under reported the large portion of total corporate value represented by intellectual assets.  The gap can be seen ...   more »

View Article  Sarbanes-Oxley and IP: Growing Recognition that Sox Creates IP Obligations

I made a presentation last month at the John Marshall Law School 50th Annual Conference on Developments in Intellectual Property entitled "Sarbanes-Oxley: What Your CEO Must Know Now about IP."  Here's a reprise of my comments.

Sarbanes-Oxley

What Your CEO Must Know Now about IP

On July 30, 2002, during a signing ceremony not long after the initial Enron revelations, President Bush stated, "[m]y administration pressed for greater corporate integrity.  And today I sign the most far reaching reforms of American business practices since the time of Franklin Delano Roosevelt."  Thus Sarbanes-Oxley became the law of the land.  ...   more »

View Article  Plagiarism and Fair Use: What Professionals Must Know Now about Copyrights and Trademarks

ASME (The American Society of Mechanical Engineers) will be hosting a Professional Development Workshop on June 23, 2006, from 8:30 am to 10:30 am at the Best Western Chicago West, 1600 Oakton Street, Elk Grove Village, Illinois 60007.

Mark V.B. Partridge will be presenting a two-hour program on "Plagiarism and Fair Use: What Professionals Must Know Now about Copyright and Trademarks"

Participants will learn:

- how to obtain protection for trademarks and copyrights

- how to determine ownership

- what constitutes infringement and plagiarism

- when you can copy material from other and when they can copy yours

- how to ...   more »

View Article  Royal Cat Loses ICANN UDRP Action

This is serious.  I'm not joking.  You can look it up.  http://www.arb-forum.com/domains/decisions/671304.htm

Morgan Stanley brought a UDRP action involving the domain name <mymorganstaleyplatinum.com> against a registrant identified as "Meow (“Respondent”), Baroness Penelope Cat of Nash DCB, Ashbed Barn, Boraston Track, Tenbury Wells, Worcestershire WR15 8LQ, GB."

The decision summarizes the response:

Respondent alleges that it is a cat (sic: the domestic pet).  According to Respondent, it allows Mr. Woods (a human) to use the domain name registration in providing a service. Complainant incorrectly states that Mr. Woods teaches a class, as the Complainant is well aware ...   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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