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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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Tuesday, February 24
#2 Trademark Law Development of 2008: Dilution Dilution
by
Mark VB Partridge
on Tue 24 Feb 2009 02:30 PM CST
#1 Trademark Law Developement of 2008: Famous Marks Doctrine
by
Mark VB Partridge
on Tue 24 Feb 2009 02:27 PM CST
I am speaking on Friday February 27, 2009, at the John Marshall Annual Conference on Intellectual Property Law on the top ten trademark law developments of 2008. Here they are:
#1 Trademark Law Developement of 2008: Famous Marks Doctrine more » Friday, February 20
Trademark Owners Should Consider .mp Domain Name Registration
by
Mark VB Partridge
on Fri 20 Feb 2009 10:50 AM CST
Saipan DataCom, Inc.’s upcoming late March 2009 open launch of chi.mp (“Content Hub & Identity Management Platform) has implications for trademark holders that seem to have gone unnoticed to date. Chi.mp is a free platform that enables social network users to create social hubs on their own stand-alone hosted Web sites. Each chi.mp site includes a free .mp second-level domain. Registration is open worldwide and registrants need only provide a valid email address to complete the process.
Social networks are evolving away from “walled gardens” where users’ profiles and content are held within a particular site such as Facebook (see: ... more » Saturday, February 7
"Copyrights and Wrongs" - The Guiding Rights Newsletter 3:1
by
Admin
on Sat 07 Feb 2009 10:44 AM CST
Speakers, trainers, creative professionals - content creators of all types - need to be aware of copyright protection when developing presentations, training materials, slides, or handouts. Using another's material can lead to lengthy law suits, expensive legal bills, and large damages payments. Misuse is particularly easy in the Internet age, when copying content, images, video and music is a click away. more »
Will Plagiarism Chill Coldplay's Grammy Night?
by
Admin
on Sat 07 Feb 2009 10:23 AM CST
Who Owns Obama Poster Rights?
by
Admin
on Sat 07 Feb 2009 10:12 AM CST
When an artist creates a poster using another's photograph, who owns the rights? Photographer? Artist? Subject? Someone else? Consider this report on claims involving the famous Obama poster we seem to see everywhere.
Thursday, February 5
Mikki Williams and Friends: Protecting Your Brand
by
Mark VB Partridge
on Thu 05 Feb 2009 10:06 PM CST
I'm doing a program with Mikki Williams next month. Check it out. Sign up. Join us for a great event. Follow us here for more details.
THE DATE!
A new seminar series kicking off on Mar. 26th
Mikki will be teaming up with some of her fabulous friends and peers to create unique training days. The first one will debut on the morning of March 26, 2009 on branding, with Mikki and Mark Partridge, to be held at the Union League Club of Chicago. Mikki will speak for 90 minutes on how to become a brand and how to find ... more »
Monday, February 2
CEO Club of Boston Hosts Chicago Attorney Mark Partridge
by
Admin
on Mon 02 Feb 2009 11:16 PM CST
Mark Partridge will be speaking at The Chief Executive Officers' Club, Boston Chapter, on May 21, 2009. His topic is based on his book Guiding Rights: Trademarks, Copyright and the Internet, and will focus on building and protecting brands in tough economic times. More information is available at www.ceoclubofboston.org. more »
Trademark Search and Clearance
by
Mark VB Partridge
on Mon 02 Feb 2009 02:12 PM CST
One of the first and most common tasks of in-house trademark counsel is searching and clearing potential trademarks. While this is often considered a low-level function, it is one of counsel's most difficult tasks. Analyzing the body of data that results from a trademark search requires knowledge and experience, and the stakes can be high. The expenditure of millions for marketing may ride on counsel's decision and the potential loss from infringement litigation can be similarly high. For the risk adverse, these high stakes may encourage overly cautious opinions by inexperienced counsel. The client is best served ... more »
Selling Intellectual Property
by
Mark VB Partridge
on Mon 02 Feb 2009 12:42 PM CST
One of the key points of our class is that trademarks and other forms of IP are key business assets, not merely legal rights. The point is made well in an article by Ann Meyer entitled "Selling Intellectual Property" in the Chicago Tribune on February 2, 2008.
A copy of the article is available here.
The online article omits the punch line, however, which was included in the print edition:
"To fetch top dollar, intellectual property needs protection through a trademark, patent or copyright. And you have to be willing to enforce it if someone infringes on your rights." more »
Monday, January 26
John Marshall "Trademark Transactions" Course Focuses on Corporate Trademark Practice
by
Mark VB Partridge
on Mon 26 Jan 2009 02:08 PM CST
Today is the first day of the class I most enjoy teaching in Law School - Trademark Transactions" - a course on the transactional side of trademark law.
The course was originally created to focus on transactions involving trademarks - licenses, assignments, consent agreements, etc. Over time, as trademarks have evolved into increasingly valuable business assets, I've expanded to the focus of the course to deal with all aspects of managing trademarks as a business asset. The course covers all aspects of trademarks faced in Corporate Trademark Practice as seen during nearly 30 years of helping in-house counsel with knotty ... more »
Saturday, January 24
Talking about IP and Watching the Inauguration in Baltimore
by
Mark VB Partridge
on Sat 24 Jan 2009 04:00 PM CST
It's tough to be a warm up act for President Obama, but that was the task on inauguration day. I spoke in Baltimore for a group of CEOs at a meeting at TIC Gums, Inc. My topic: "Guiding Rights: Intellectual Property Is Your Greatest Asset." After we finished discussing strategies for using IP to make more money in business, we watched the inauguration projected larger than life on the conference room wall.
What an amazing sight! The Washington DC mall filled with people as far as the eye can see. My thanks to Marv Howard and his Vistage Group for ... more » Saturday, January 17
Chicago Trademark Attorney Speaks at PCMA
by
Mark VB Partridge
on Sat 17 Jan 2009 04:27 PM CST
I returned last week from speaking at the Professional Convention Management Association annual meeting in New Orleans. My topic: "Avoid Lawsuits . . . and Other Legal Problems." When speaking to business groups, whether HR professionals at SHRM, professional speakers at NSA, or business owners and CEOs at Vistage, I find there is much uncertainty about the rules of copyright protection in the Internet world. My advice: when in doubt, ask for permission, talk to a lawyer, or create your own original work.
New Orleans was great. I stayed in the French Quarter (Soniat House) and confined my wandering to ... more » Monday, January 12
Pattishall Client Prevails In Ground-Breaking Domain Name Class Action
by
Mark VB Partridge
on Mon 12 Jan 2009 09:00 AM CST
My Pattishall colleagues Brett August, Bradley Cohn and Alexis Payne recently won another round in a closely watched lawsuit involving Google and others regarding allegedly unfair use of domain names. The plaintiffs had attempted to bring a class action against multiple defendants for purported trademark infringement, cybersquatting and deceptive trade practices.
In this important victory on behalf of Pattishall client Internet REIT ("Ireit"), our trial team successfully showed that the many differences among the defendants and the intellectual properties at issue precluded class certification. In refusing to certify the class, the court stated: "class members cannot be treated alike because ... more » Saturday, January 10
My Professional Life
by
Mark VB Partridge
on Sat 10 Jan 2009 01:59 PM EST
1978 - BA, University of Nebraska, English and Linguistics 1980 - Vice President, Harvard Legal Aid Bureau 1981 - JD, Harvard Law School 1981 - Associate, Pattishall, McAuliffe & Hofstetter 1987 - Adjunct professor, John Marshall Law School 1987 - Partner, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson 1989 - Chair, Trademark and Unfair Competition Committee, American Intellectual Property Law Association 1990 - Arbitrator, Cook County Mandatory Aribtration Program 1994 - Editorial Board, The Trademark Reporter 1996 - Chair, Professional Programs, American Intellectual Property Law Association 1996 - Chair, International Trademark Law Committee, American Bar Association, IP Law Section 1997 ... more » Thursday, January 1
Speeches and Presentations
by
Mark VB Partridge
on Thu 01 Jan 2009 06:01 PM EST
"Proceed with Caution: Seven Hidden Hazards in Standard Book Contracts," Of Dark and Stormy Nights Writers Conference, Chicago, Illinois, June, 2004
"Business and Work Product Protection," American Society of Mechanical Engineers, Lexington, Kentucky, March, 2004
"The Effect of the Internet on Trademarks,"The Kent Law School IP Society, Chicago, Illinois, November, 2003
"Using Patents and Copyrights To Build Strong Brands," INTA Annual Meeting, Amsterdam, the Netherlands, May 2003
"Dilution: Affirmative Defenses," INTA Trademark Dilution Forum, Arlington, Virginia, March 2003
"Trademark Licensing In a Corporate Transaction," AIPLA Spring Meeting, New York, New York, March 2003
... more »
Tuesday, December 16
ICANN Plans for gTLD Expansion: Summary and Comments
by
Mark VB Partridge
on Tue 16 Dec 2008 04:48 PM CST
This message provides an
Executive Summary and comments on the first ICANN proposal, prepared by an
informal task force I gathered for the project.
ICANN closed the first period for comment on December 15. A second draft
is expected in early 2009 followed by a second comment period. Significant interests will be affected by this launch. Trademark owners and Internet business should review and consider how they may be affected and what opportunities they may enjoy.
Executive Summary ICANN has recently announced plans to significantly expand the universe of generic top-level domains (gTLDs). Starting in 2009, ICANN ... more » Wednesday, November 26
Victory for EULA: Software Distributors Rejoice
by
Mark VB Partridge
on Wed 26 Nov 2008 03:10 PM CST
[Abstract of article by Sanjiv Sarwate] End user license agreements (EULAs) are used to impose terms and conditions on the use of software. EULAs may restrict the user's ability to make copies of the software, to access or reverse engineer source code, or to make or use other software applications with the software. EULAs may also contain provisions fixing the location or mandating arbitration for disputes.... more »
Thanks, Nancy Chapman
by
Mark VB Partridge
on Wed 26 Nov 2008 02:53 PM CST
Nancy Chapman has been my loyal administrative assistant for nine years. We celebrated the anniversary today with lunch at Topolobampo, one of Rick Bayless's excellent Mexican restaurants. Thanks, Nancy, for all your help. Cheers!
more » Tuesday, October 28
Par for the Course for Western Golf Association in Korea
by
Mark VB Partridge
on Tue 28 Oct 2008 11:56 AM CDT
My colleagues Jonathan S. Jennings and Ashly
Iacullo prevailed in an opposition against the application to register WGA for a
variety of golf services on behalf of the Western Golf Association and its
famous WGA mark for a variety of golf services offered since 1899, including the
running of golf tournaments and a scholarship for caddies.
Although based in the United States,
the Korean Intellectual Property Office (KIPO) found that WGA was a
well-respected golf association and that WGA was a source identifier for these
services. The KIPO also found in rejecting the application to register that the
"application is ... more »
Saturday, October 25
ICANN Plans for gTLD Expansion
by
Mark VB Partridge
on Sat 25 Oct 2008 03:36 PM CDT
Last week ICANN released more information about its plans to introduce new gTLDs as explained below. Many of our clients have asked about the opportunities and challenges posed by these plans. We hope this is alert is helpful to you as you consider how these developments may affect your interests on the Internet.
In June 2008, the ICANN Board approved a recommendation to introduce a new range of gTLDs to the Internet's addressing system. On October 22 and 24, the ICANN Board released for comment its gTLD Draft Applicant Guidebook and related documentation.
more »
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