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

www.GuidingRights.com

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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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View Article  Domain Name Parking A Growing Industry
Domain name parking is a rampant trend, attracting a wide range of entrepreneurs and media attention, as demonstrated by this story in the New York Times: "More than just squatting (on domain names," by Louise Story.
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View Article  Small Firms May Survive After All
Sun Microsystems GC Mike Dillon has a blog called "The Legal Thing: Notes from a General Counsel."  A recent post gives hope to attorneys in small specialized firms.  Mr. Dillion notes how the law firm's role as an aggregator of legal talent has decreased in importance with the growth of effective Internet communication.  His interesting post "The Way of the Mastodon" says, in part:

"Let me begin by asking - what is the function of the law firm? My view is that law firms serve primarily as aggregators of specialized legal expertise. . . . this ...   more »

View Article  ABC Retreats on "Sam I Am" after Dr. Seuss Objects
Dr. Suess remains vigilant in protecting his trademarks and copyrights (you will remember the battle against Dr. Juice and The Cat Not In The Hat).

Now ABC has backed off use of the name "Sam I Am" after objection.  More available in this story from AHN.
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View Article  Intellectual Property Trials Disappear
During final preparation for my Illinois State Bar Association program on "ADR in IP" I checked recent federal court statistics on trials for IP cases.  I was amazed.

We've all heard about the declining number of federal court trials overall.  For the period ending September 30, 2006, the percent of cases terminated during or after trial was down to 1.3%.

The figures on IP cases is even more astounding.  For the same period the number of IP cases terminated during or after trial were:

16 Trademark
23 Copyright
71 Patent

For the entire federal system!

Where have all the trials ...   more »
View Article  "Disinfectable" Is Generic
Wouldn't life be different if your clients started with a protectable mark?

A recent case decided by the 9th Circuit is a good example.  Rudolph International Inc. v. Realys, Inc., 82 U.S.P.Q.2d 1375 (9th Cir. 2007).

The plaintiff started using the term "disinfectable" for nail files in April 2001.  The term was used as a descriptor with established brand names such as SOFT TOUCH, LES MIRAGES and QUADMETRICS.  The company's founder advocated industry use of the term to replace "sanitizable."  An application for trademark registration was rejected the Trademark Office.

These facts notwithstanding, the plaintiff brought suit against use ...   more »
View Article  PepsiCo Loses Blue Storm Ruling in China
Forbes.com reports on "Mosquito v. Pepsico."  A high court in China ruled against Pepsico in favor of a local beer company over the use of BLUE STORM.  Read more at forbes.com.
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View Article  ADR in IP: Is there a better way?
The AIPLA Economic Survey reports that the average cost for patent litigation disputes is over $5,000,000.00 where the amount in controversy exceeds $25 million.  This begs the question: "Is there a better way?"

I will be speaking at a Illinois State Bar Association CLE program on June 14 in Chicago and on June 28 in Bloomington.  My topic, "Alternative Dispute Resolution in Intellectual Property Disputes."  My thesis: ADR, especially mediation, is an effective tool for IP disputes that can achieve better results, quicker, at a lower cost, than traditional litigation. 

The title of my talk is "ADR in IP: Is there a better way?"  ...   more »
View Article  Vistage Group In Dallas Hosts Chicago Trademark Attorney Mark Partridge
Last week, I spoke to a Vistage Group in Dallas on "Intellectual Property is Your Greatest Asset: Protect It, Use It, or Lose It."  The Group is chaired by Linda Swindling, a former attorney who now helps businesses achieve success in negotiations.

Vistage is the world's largest CEO membership organization.  I'm a member of a Chicago group and a resource speaker for the organization.

The attendees at the meeting receives a workbook on "The Guiding Rights Process," a multi-step system I use to help business leaders protect their intellectual capital without losing their shirt.  To receive a free copy ...   more »
View Article  TTAB Default Does Not Bar Federal Civil Action
Default judgment entered against plaintiff in trademark cancellation proceeding does not bar plaintiff from bringing civil action in federal court, says New York court in Santos v. Hecht, 82 U.S.P.Q.2d 1542 (E.D.N.Y. 2006).
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View Article  YBOR GOLD "Primarily Geographically Deceptively Misdescriptive"
YBOR GOLD for cigars is not entitled to registration as a trademark for cigars that do not come from the Ybor neighborhood of Tampa, Florida because the proposed mark would be "primarily geographically deceptively misdescriptive."  See In re South Park Cigar Inc., 82 U.S.P.Q.2d 1507 (T.T.A.B. 2007)
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View Article  Noninfringement Opinion Leads to Disqualification
A law firm providing a patent infringement defendant with a noninfringement opinion may be disqualified from serving as trial counsel due to potential conflict of interest and impeachment of  counsel credibility, rules Texas court in Crossroads Systems Inc. v. Dot Hill Systems Corp., 82 U.S.P.Q.2d 1517 (W.D.Texas 2006).

More about IP CLE at www.GuidingRights.com.
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View Article  "Counterfeit Pine-Sol" - The Guiding Rights Newsletter 1:2

            One of my hobbies is wine tasting.  So it’s no surprise that an article from the Wall Street Journal recently grabbed my attention.  It said: “U.S. Investigates Counterfeiting of Rare Wines.”

The very idea assaults the senses. 

According to the article, the targets of the counterfeiters include France’s great Chateau Mouton Rothschild.  How distasteful!

Chateau Mouton, of course, enjoys an exalted and well earned reputation as one of the great Bordeaux wines of France.  The historian, Hugh Johnson, describes the wines of the region this way:

“. . . a combination of ...   more »

View Article  Five Key Questions About IP Help Increase Market Value and Improve Bottom Line Results

Intellectual assets are critical to business success in today's global market.

If you are a CEO, CFO, GC or other business leader, asking questions about these assets will help you to bring added value to your company.

Failure to consider these issues yields adverse business consequences, including unrealized value, unnecessary expense and legal risk.

Routine attention to intellectual asset management can avoid these consequences, yet many businesses miss this opportunity simply for lack of knowledge and attention. . . .

Read the full article by Mark Partridge at EzineArticles.com.

Learn more about the importance of IP protection to your business ...   more »

View Article  GPS Tracking Technology Creates Concerns About Privacy and Data Ownership
Many businesses now use Global Positioning and telematics technologies to track vehicles, shipment routes, vehicle diagnostics, and employee whereabouts. These technologies collect useful data, but raise concerns about privacy and data ownership.  Read more in this Pattishall McAulliffe Newsletter by Sharon Ceresnie and Mark Partridge entitled "Privacy and Data Ownership Issues Arising from Use of GPS and Telematics Technologies".

To learn more about how data protection affects business success visit GuidingRights.com.
   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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