A "bona fide intent to use in commerce" is a basis for applying for U.S. trademark registration. But what satisfies that test? A recent decision indicates objective evidence may be required, as explained in this summary by Sanjiv Sarwate at www.pattishall.com:
"In Intel Corp. v. Emeny, Opp. No. 91-123,312 (T.T.A.B. May 15, 2007), the Trademark Trial and Appeal Board clarified that an application to register a trademark based on intent to use may be deemed invalid if the applicant does not have objective evidence of its intent to use the mark at the time of filing, i.e. 'evidence ... more »
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More Info at Our Main Site Guiding Rights 
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 "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 HERELogin
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Thursday, May 31
Bona Fide Intent Requires Objective Evidence To Support ITU Trademark Application
by
Mark VB Partridge
on Thu 31 May 2007 01:33 PM CDT
Wednesday, May 30
Utah State Law on "Electronic Registration Marks" Directed at Keyword Advertising
by
Mark VB Partridge
on Wed 30 May 2007 01:49 PM CDT
Utah changed its state trademark law on March 19, 2007, to allow for a cause of action against keyword advertising displayed in the state. See the bill here. The relevant provision on infringement states:
302 70-3a-402. Infringement. 303 (1) Subject to Section 70-3a-104 and Subsection (2), any person is liable in a civil 304 action brought by the registrant for any and all of the remedies provided in Section 70-3a-404 , 305 if that person: 306 (a) uses a reproduction, counterfeit, copy, or colorable imitation of a mark ... more » Tuesday, May 29
How To Take and Defend Effective Depositions
by
Mark VB Partridge
on Tue 29 May 2007 12:00 PM CDT
The key to winning your case or to an effective settlement can be a
solid depositon based on goals and strategy. Given the cost of
litigation, it is no longer acceptable to treat depostions as a
"standard" or "routine" process (if it ever was!). How you
prepare and what you do at the deposition can be critical to your
client's success. . . . and to yours.
I have seen cases lost because of poor preparation, where the client was either unwilling to take or to pay for the time needed to do it right. I seen cases won where ... more »
Taking and Defending Effective Depositions - Lorman Educational Services
by
Mark VB Partridge
on Tue 29 May 2007 09:07 AM CDT
Lorman Educational Services is offering a one-day CLE program on "Taking and Defending Effective Depositions" on August 14, 2007, in Naperville, Illinois. Mark V.B. Partridge is moderator and will be speaking on "Witness Preparation and Deposition Defense." Learn more here.
I hope you will attend. I consider witness preparation to be one of the most important functions of trial counsel. If you do attend, ask about the unprepared witness who gave away the store; "I don't know why you keep asking about this package, here's the one that really causes confusion." Here's the agenda for the Lorman seminar: Agenda 8:30 ... more » Monday, May 21
Foreclosure on A1 Mortgage for Cybersquatting
by
Mark VB Partridge
on Mon 21 May 2007 11:45 AM CDT
A District Court in Pennsylvania awarded $50,000 in statutory damages plus attorneys fees in an anti-cybersquatting case involving the domain name www.a1mortgage.com on March 16, 2007. See A1 Mortgage Corp. v. A1 Mortgage and Financial Services, 82 U.S.P.Q.2d 1440 (W.D.Pa. 2007). More about domain names at www.GuidingRights.com. more »Friday, May 11
NSA Wisconsin Hosts Chicago Trademark Attorney Mark Partridge
by
Mark VB Partridge
on Fri 11 May 2007 06:48 PM CDT
Last February I headed up to Wisconsin through snow and rain to do a couple of programs for the Wisconsin chapter of the National Speakers Association. As a national member and incoming president for the Illinois NSA chapter I was delighted for the opportunity to present my program "Guiding Rights: Intellectual Property Is Your Greatest Asset." I also was delighted by the positive response. Larry Cockerel, "the Sales Pro," has a write up on the chapter blog. Thanks Larry for the kind words. If you know other groups that would benefit from a similar program, I'd be delighted to hear from them. For more information call 312-554-7922 or see www.GuidingRights.com.
Illinois State Bar Association Intellectual Property CLE Program, June 14 and 28
by
Mark VB Partridge
on Fri 11 May 2007 10:00 AM CDT
The Illinois State Bar Association has announced that Chicago trademark attorney and mediator Mark V.B. Partridge will be speaking at the ISBA continuing legal education program, "What Every Lawyer Should Know about Intellectual Property," on June 14, 2007, in Chicago, and on June 28, 2007, in Bloomington, Illinois. His topic, "Alternative Dispute Resolution Issues," will focus on the use of mediation and arbitration to provide cost-effective solutions to infringement problems. He has broad experience with ADR. As an ICANN UDRP Panelist with the United Nation's World Intellectual Property Organization, he has issued over 125 decisions involving domain name disputes. He is ... more » Monday, May 7
Class Action Suit Filed Against YouTube and Google
by
Mark VB Partridge
on Mon 07 May 2007 11:42 AM CDT
A class action suit was filed against YouTube and Google on Friday, May 4, 2007. A copy of the complaint is available here. YouTube and Google already face a major challenge from Viacom. These cases question the scope of the DMCA safe harbor provisions relied upon by Google to avoid copyright infringement claims for content posted to its sites. more » |
 Mark VB Partridge 
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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