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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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Monday, July 3
Sarbanes-Oxley and IP: What Your CEO Must Know
by
Mark VB Partridge
on Mon 03 Jul 2006 09:00 AM CDT
CONTINUED . . .
We've explored for several weeks the relationship between Sarbanes-Oxley compliance and intellectual property management. There is emerging recognition that SOX imposes new corporate obligations relating to intellectual property.
While Sarbanes-Oxley compliance is largely the domain of accountants and auditors, IP counsel can and should play a meaningful role. Under Sarbanes-Oxley, auditors are prohibited from providing legal opinions relating to the assets they audit, yet informed legal opinions are necessary for identifying, evaluating and maintaining IP assets and for insuring that management fulfills its obligations with respect to IP.
What your CEO needs to know ... more »
Wednesday, June 28
Off Shore Patent Holders: More news that the world is flat?
by
Mark VB Partridge
on Wed 28 Jun 2006 01:00 PM CDT
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?
Monday, June 26
Sarbanes-Oxley and IP: Economic Impact
by
Mark VB Partridge
on Mon 26 Jun 2006 09:00 AM CDT
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. 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%.
Strong criticism and call for reform and repeal has arisen claiming disaster. Compliance is wasteful and too expensive. ... more »
Saturday, June 24
Plagiarism in the Kitchen
by
Mark VB Partridge
on Sat 24 Jun 2006 08:55 AM CDT
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 »
Monday, June 19
Sarbanes-Oxley and IP: Best Practices for Compliance
by
Mark VB Partridge
on Mon 19 Jun 2006 09:00 AM CDT
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 »
Friday, June 16
Intellectual Property Is Your Greatest Asset: Increasing Protection Against Cybersquatting
by
Mark VB Partridge
on Fri 16 Jun 2006 09:51 AM CDT
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 »
Wednesday, June 14
ABA: The Intellectual Property Handbook: A Practical Guide for Franchise, Business and IP Counsel
by
Mark VB Partridge
on Wed 14 Jun 2006 09:00 AM CDT
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 »
Monday, June 12
Sabranes-Oxley and IP: Three Trends Creating IP Obligations
by
Mark VB Partridge
on Mon 12 Jun 2006 09:00 AM CDT
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
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 »
Monday, June 5
Sarbanes-Oxley and IP: Growing Recognition that Sox Creates IP Obligations
by
Mark VB Partridge
on Mon 05 Jun 2006 09:00 AM CDT
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 »
Saturday, June 3
Plagiarism and Fair Use: What Professionals Must Know Now about Copyrights and Trademarks
by
Mark VB Partridge
on Sat 03 Jun 2006 12:09 PM CDT
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 »
Friday, June 2
Royal Cat Loses ICANN UDRP Action
by
Mark VB Partridge
on Fri 02 Jun 2006 01:59 PM CDT
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 »
Monday, April 3
. . . Or Maybe Not. SDNY Rejects Keyword Trademark Infringement Claim
by
Mark VB Partridge
on Mon 03 Apr 2006 09:00 AM CDT
Merck has lost a trademark infringement claim against Canadian pharmacies who purchased keywords to trigger sponsored links. Merck & Co. v. Mediplan Health Consulting, 2006 WL 800756 (SDNY Mar. 30, 2006).
Read more in this article on Eric Goldman's blog and this article on Cnet News.com.
more »
Friday, March 31
Purchasing Competitor's Name As Keyword May Infringe
by
Mark VB Partridge
on Fri 31 Mar 2006 09:00 AM CST
An online realty agency, TheMLSonline.com, purchased keywords matching the name of a competitor from Google and Yahoo. Last week, the District Court for Minnesota issued a decision allowing the case to proceed to trial on Edina Realty's claim of trademark infringement. This may be the first case to reach trial on the keyword issue. See Edina Realty, Inc. v. TheMLSonline.com, 2006 WL 737064 (D. Minn. Mar. 20, 2006).
For more, see Eric Goldman's excellent report on his Technology & Marketing Law Blog, and this article at Cnet News.com.
more »
Monday, March 27
"The Seasoned Woman" Claims Infringement
by
Mark VB Partridge
on Mon 27 Mar 2006 09:00 AM CST
Dr. Theda Palmer has used the name "The Seasoned Woman" in connection with workshops, seminars, focus groups, and collateral products since at least 1995, and owns two federal trademark registrations relating to the mark.
More recently, Gail Sheehy has published a book entitled "Sex and the Seasoned Woman." A Google search reveals that her use now dominates search results for the phrase "The Seasoned Woman."
US Newswire reports that Dr. Palmer has sued for trademark infringement. Story here. more »
Thursday, March 23
Creating Diversity Jurisdiction
by
Mark VB Partridge
on Thu 23 Mar 2006 09:00 AM CST
IP litigators usually do not rely exclusively on diversity jurisdiction, since most claims involve federal questions claims under the Patent, Trademark or Copyright Act. Nevertheless, some claims - contract disputes, right of publicity, trade secret - may arise without joined federal questions. Thus, IP litigators can be faced with the need to satisfy the jurisdictional amount requirement of $75,000 diversity jurisdiction.
What can defendants seeking removal to federal court do if there is no monetary amount demanded or the amount demanded is insufficient?
A recent case from the Seventh Circuit provides a clever strategy option: Rising Moore v. Red Roof ... more »
Mark VB Partridge
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