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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
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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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Utah State Law on "Electronic Registration Marks" Directed at Keyword Advertising
by
Mark VB Partridge
on Wed 30 May 2007 01:49 PM CDT | Permanent Link
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 registered
under this chapter:
308
(i) without the consent of the registrant; and
309
(ii) in connection with the sale, distribution, offering for sale, or advertising of any
310
goods or services on or in connection with which that use is likely to cause confusion, mistake,
311
or to deceive as to the source of origin, nature, or quality of those goods or services; [or]
312
(b) reproduces, counterfeits, copies, or colorably imitates any mark and applies the
313
reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages,
314
wrappers, receptacles, or advertisements intended to be used upon or in connection with the
315
sale or other distribution in this state of goods or services[.]; or
316
(c) uses an electronic registration mark to cause the delivery or display of an
317
advertisement for a business, goods, or a service:
318
(i) of the same class, as defined in Section
70-3a-308
, other than the business, goods,
319
or service of the registrant of the electronic registration mark; or
320
(ii) if that advertisement is likely to cause confusion between the business, goods, or
321
service of the registrant of the electronic registration mark and the business, goods, or service
322
advertised.
323
(2) Under Subsection (1)(b), the registrant is not entitled to recover profits or damages
324
unless the act described in Subsection (1)(b) has been committed with the intent:
325
(a) to cause confusion or mistake; or
326
(b) to deceive.
327
(3) For a violation of Subsection (1)(c), the person whose business, goods, or service is
328
advertised, and the person who sells or displays the advertisement are liable if:
329
(a) the advertisement is at any time displayed in the state; or
330
(b) the advertiser or person selling the advertisement is located in the state
Keywords:
trademarks,
trademark,
Pattishall,
Partridge,
litigation,
lawyer,
keywords,
internet,
infringement,
domain,
Adwords
|
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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