Guiding Rights Blog

Personal Name Cybersquatting

Mark VB Partridge — Sun, 18 Jul 2010 12:52:18 -0500

Recent article in The Vancouver Voice entitled "Cybersquatting: Innovation or Plague" quotes Mark Partridge.

“I hope we resolve to a system where cybersquatting is not an acceptable practice and people trade on original work of their own,” he stated.

ISBA IP Chair Dale Kurth Joins Partridge IP Law

Mark VB Partridge — Sat, 10 Jul 2010 10:59:18 -0500

Dale R. Kurth has joined Partridge IP Law P.C. as Of Counsel. The firm, begun by Mark V.B. Partridge in April, practices in trademarks, copyright, IP litigation, licensing, and Internet law. Dale obtained an LL.M. in IP with honors from John Marshall Law School in 2008, and earned his J.D. from the University of Illinois. Dale was also recently appointed Chair of the IP Section of the Illinois State Bar Association.

As a leader in the Illinois IP community, Dale has published numerous articles on IP law in professional publications. Before turning to the law, Dale was a systems analyst ...

"It's Your Content, But Who Owns It" Chicago Trademark Lawyer Presentation At 2010 USDLA Annual Conference

Mark VB Partridge — Tue, 11 May 2010 03:09:31 -0500

Chicago trademark and copyright attorney Mark Partridge was a featured speaker at the 2010 United States Distance Learning Associate annual meeting in St. Louis. His program "It's Your Content, But Who Owns It?" was nationally broadcast via the web as a virtual classroom program.

The presentation helped content creators and managers understand the nature and scope of copyright, the rules of ownership, and the challenges of fair use.

His advice on how to protect yourself and avoid infringement claims when creating and using content for professional or commercial purposes:

1. Stay small and unsuccessful. Maybe no one will notice.

2. ...

Seinfeld's Sneaky Recipes Survive Second Circuit Tasting In Copyright Dispute

Mark VB Partridge — Sun, 02 May 2010 16:48:57 -0500

Seinfeld's Sneaky Recipes Survive Second Circuit Tasting In Copyright Dispute

In 2007, Jessica Seinfeld, the wife of comedian Jerry Seinfeld, published Deceptively Delicious, a cookbook full of recipes which make healthy food appealing to children. Shortly thereafter, her recipe book stirred up of controversy when Missy Chase Lapine, author of The Sneaky Chef, brought a copyright infringement suit, alleging she’d already cooked up the same book full of recipes which sneak vegetables into kids’ food.

In Lapine v. Seinfeld, 09-4423-cv (2d Cir. Apr. 28, 2010), the Second Circuit Court of Appeals relied on the copyright doctrine known as the “idea ...

Supreme Court To Hear Costco v. Omega Copyright Case

Mark VB Partridge — Sun, 02 May 2010 16:44:09 -0500

Supreme Court Will Hear Costco v. Omega Copyright Case

Last week, the Supreme Court announced it will hear Costco Wholesale Corporation’s appeal in a copyright infringement dispute with Omega S.A. involving the scope of the “first sale doctrine” and its application to gray market goods. This case has interesting implications for the use of copyright law to combat counterfeit and gray market goods.

More at Partridge IP Law PC

By Jordan Arnot, Associate, Partridge IP Law PC

Trademark Litigation Course Goes to the Movies

Mark VB Partridge — Sun, 25 Apr 2010 14:43:14 -0500

My former partner Phil Barengolts at Pattishall, McAuliffe and I teach trademark litigation at John Marshall Law School. At the end of the semester, we use scenes from trial movies and other videos to illustrate key trial techniques. Here are some available online. (Warning: some use adult language)

Opening Statement - And Justice For All

Opening Statement - LaBarre Trial

New Attorneys Join Partridge IP Law

Mark VB Partridge — Thu, 22 Apr 2010 11:35:27 -0500

Partridge IP Law welcomes two new associates.

Jordan A. Arnot

Jordan focuses on trademark and copyright litigation, counseling and transactions, and is currently working on disputes involving domain names, automotive dealer agreements and medical record systems. Jordan is a graduate of New York University, BA, magna cum laude, and Verderbilt University Law School, 2007, where she was president of the Entertainment and Sports Law Society.

Colin T.J. O'Brien

Colin and Mark Partridge have worked together for over nine years on IP matters. Colin earned his JD at Loyola Law School in 2004. He has years of ...

Partridge IP Law Is Growing

Mark VB Partridge — Sat, 17 Apr 2010 10:21:55 -0500

Partridge IP Law welcomes Nancy Chapman as the newest member of the firm. Nancy has years of legal experience, including over ten years working as a legal assistant and administrator in trademark litigation and prosecution matters. For more info please visit Partridge IP Law.

Partridge IP Law - Chicago Trademark Attorney Starts New Firm

Mark VB Partridge — Sat, 03 Apr 2010 10:41:42 -0500

I am pleased to announce the opening of PARTRIDGE IP LAW, a boutique law firm with a global practice involving trademarks, copyright and the Internet.

PARTRIDGE IP LAW is dedicating to helping corporations, entrepreneurs and creative professionals protect and enhance the value of brands and ideas in court, online and in the boardroom. We focus on litigation, transactions, dispute resolution and IP protection.

Thank you for your support and business during our past 29 years of practicing law in Chicago. We look forward to serving your future legal needs and to welcoming you at our new offices overlooking the State of Illinois Building.

Please let us hear from you and let us know what PARTRIDGE IP LAW can do to help you and your business in IP matters.

New website: www.partridgeIPlaw.com

Mark Partridge
Partridge IP Law
161 North Clark Street
Suite 4700
Chicago IL 60601
(direct 312.634.9501)
mark@partridgeIPlaw.com

ICANN Board Resolutions Support Rights Protection Procedures

Mark VB Partridge — Mon, 15 Mar 2010 14:24:25 -0500

The ICANN Board has taken action to move forward with four Rights Protection Mechanisms by directing the staff to prepare drafts to incorporate them as part of the launch of new gTLDs. The mechanisms include:

1. Uniform Rapid Suspension (URS)

2. Trademark Clearinghouse

3. Post-Delegation Dispute Resolution Procedure (PDDRP)

4. Registry Restriction Dispute Resolution Procedure (RRDRP)

The Board Resolutions adopted on March 12 appear here with relevant portions copied below.

6. New gTLDs Implementation – Trademark Clearinghouse and Uniform Rapid Suspension System

Whereas, in an effort to respond to public comment that trademark protection needed further consideration in relation to ...

ICANN Wrap UP

Mark VB Partridge — Mon, 15 Mar 2010 13:11:12 -0500

Our friend and fellow IRT-er, Nick Wood, at Comlaude, has a good post on the aftermath of the Nairobi ICANN meeting with respect to new gTLDs and Rights Protection Mechanisms. Recommended reading here.

Click Through Agreement Cases

Mark VB Partridge — Fri, 19 Feb 2010 14:31:55 -0600

New decision:

Scherillo v. Dun & Bradstreet, Inc., 2010 WL 537805 (E.D.N.Y. Feb. 17, 2010).

Good report from Eric Goldman.

AIPLA Meeting

Mark VB Partridge — Thu, 28 Jan 2010 15:36:15 -0600

I haven't been to an AIPLA meeting for quite a while. I've missed them. It is particularly nice to see again my fellow board members from my days on the Board in the early 00s. Many of the programs at this meeting focus on IP as a business asset, a valuable change from the days when IP was viewed only as a legal right. This afternoon I'll attend the session on buying and selling IP, as well as a committee meeting of the Fellows.

Do you find association activities worthwhile? Share your thoughts.

Trademark Infringement Litigation Course

Mark VB Partridge — Tue, 26 Jan 2010 21:11:50 -0600

Yesterday, Phil Barengolts and I started our winter LLM class at John Marshall on Trademark Litigation. We have a great group of students, including experienced practitioners (one student works at the USPTO and flies in once a week for classes at JM). In our first session we discussed the importance of knowing your client's goals, investigating, and creating a realistic strategy, especially in our times of high legal expense for litigation. We move on to forum selection and complaints next. My question for you: What makes trademark litigation special, unique, different from other types of litigation? Anything? What do you ...

Will ICANN Protect IP Rights?

Mark VB Partridge — Fri, 20 Nov 2009 16:42:19 -0600

ICANN is in the middle of plans for launching new gTLDs. I'm serving on a team called the STI to consider mechanisms to protect IP rights. These are important issues - Overarching Issues, ICANN calls it - which create a lot of interest and controversy. ICANN's public face provides assurance to brand owners. A September 22, 2009 letter to the House Committee on the Judiciary states:

"ICANN will, to the extent possible, protect trademark holders from abusive registrations and from the need for defensive registrations in new gTLDs. . ."

Persons attending the ICANN meetings in Sydney and Seoul this ...

ICANN IPC Submits Position Statement on Rights Protection

Mark VB Partridge — Sat, 07 Nov 2009 13:17:31 -0600

The ICANN GNSO has formed a committee called the STI (Special Trademarks Issues) to consider the use of a Rights Clearinghouse and Uniform Rapid Suspension policy for the introduction of new gTLDs. The Intellectual Property Constituency has posted its position statement in support of rights protection. A copy of the statement appears below (full disclosure: I am a member of the IPC and STI).

"The Intellectual Property Constituency position on the proposed amendments made by ICANN staff to the IRT report is straightforward. While we are not entirely satisfied with the IRT report and believe that other safeguards are needed, ...

Protecting And Defending Your Brand - Teleseminar June 11

Mark VB Partridge — Mon, 01 Jun 2009 16:22:23 -0500

You're invited to the following teleseminar on June 11, 2009. Please contact samantha@mikkiwilliams.com to RSVP.

A strong brand is essential in this economic climate. Your brand differentiates you from the competition and confirms your credibility.

Learn how to create your brand and how to protect it in this engaging and informative
TELESEMINAR on BRANDING
***ONLY $29***
June 11, 2009 at 12:00 Noon (CST)
for approximately 60 minutes

HOW TO BE YOU-NIQUE!
Mikki Williams, CSP
"We're all born unique, we just die as copies." Whoever said that never met Mikki Williams. In her nine entrepreneurial companies she has used the same ...

New gTLDs: Does anyone care?

Mark VB Partridge — Thu, 09 Apr 2009 09:52:55 -0500

ICANN is working on plans to allow operation of an unlimited number of Top Level Domains, or TLDs. I am a member of an Implementation Recommendation Team, created by the ICANN Board to develop procedures to avoid user confusion and trademark infringement in the new gTLD space. As a result, I am interested to see the reaction of the Internet and business community to the new gTLDs. So far, most comments I receive are skeptical. This attitude is reflected in an article posted yesterday on The Industry Standard - "Latest Plan for Domain Names is as Doomed as .coop and ...

Association Forum Hosts Attorney Mark Partridge on Intellectual Capital Management

Mark VB Partridge — Tue, 24 Mar 2009 13:47:24 -0500

Mark will be speaking at the Association Forum of Chicagoland on March 31, 2009.

Using Intellectual Capital to Step Up Your Business in a Down Economy

Intellectual capital is your most valuable business assets, and its importance rises even higher in a down economy. Organizations that learn to leverage their brands, content and information grow faster, according to recent economics studies. The challenge is how to avoid becoming a commodity or losing valuable rights at a reasonable cost. In this program, you will learn:

* Why intellectual capital is your most valuable asset in a down economy
* How to ...

#5 Trademark Law Development of 2008: Medinol Fraud

Mark VB Partridge — Wed, 18 Mar 2009 21:04:06 -0500

#5 Trademark Law Development of 2008: Medinol Fraud

SHRM Top Rated Speaker List 2008 Includes Chicago Trademark Attorney Mark Partridge

Mark VB Partridge — Mon, 16 Mar 2009 15:08:14 -0500

The Society for Human Resource Management (SHRM) has published its list of top-rated speakers from its annual convention in 2008. I honored to lead the list and look forward to speaking for SHRM again at its annual convention in 2009 in New Orleans. Please let me know if you would like to arrange a similar program for your company, association or organization. 312-554-8000.

#4 Trademark Law Development of 2008: Non-commercial Speech

Mark VB Partridge — Sun, 15 Mar 2009 16:00:00 -0500

#4 Trademark Law Development of 2008: Non-commercial Speech:

New Book: "Alternative Dispute Resolution - An Essential Competency for Lawyers" By Mark Partridge, Trademark Lawyer and Mediator

Mark VB Partridge — Sat, 14 Mar 2009 16:37:00 -0500

I'm pleased to announce that I have a new book coming out from Oxford University Press in May 2009 entitled "Alternative Dispute Resolution: An Essential Competency For Lawyers." Client demands have caused ADR to become a mainstream discipline. It's time to master the skills. Learn why and how in my new book. More info at the publisher's site.

$4.5 Million Awarded in Trademark Infringement and Telemarketing Fraud Suit

Mark VB Partridge — Fri, 13 Mar 2009 14:30:36 -0500

Janet Marvel and Jared Solovay of Pattishall, McAuliffe in Chicago, obtained a judgment for $4.5 million from the U.S. District Court of the Northern District of Illinois on behalf of their client Medline Industries, Inc. in Medline Industries, Inc. v. Strategic Commercial Solutions, Inc., et al., 07 CV 2783.

Defendants Strategic Commercial Solutions and Mohammed Abukhalid were found to have violated the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. § 6101 et seq., as well as committed trademark infringement by using Medline's name in connection with a fraudulent telemarketing scheme operated under the name Medline Savings.

$2 Million Plus Awarded in Trademark Infringement Case

Mark VB Partridge — Fri, 13 Mar 2009 14:29:31 -0500

Brett August and Andrew Downer at Pattishall, McAuliffe obtained judgment for $2 million in trademark infringement litigation.

Judge Elaine Bucklo of the United States District Court for the Northern District of Illinois today awarded over $2 million to Paxar Corporation, f/k/a Monarch Marking Systems and now a wholly-owned subsidiary of Avery Dennison Corp., in a lawsuit handled by Pattishall, McAuliffe. The award in this trademark infringement and unfair competition case was for damages, costs and attorneys' fees under a 1995 consent judgment against Kap Graphics, Inc., and Larry Fern.

#3 Trademark Development of 2008: Artistic Expression - strip club in video game

Mark VB Partridge — Sun, 01 Mar 2009 09:47:12 -0600

#3 Trademark Development of 2008: Artistic Expression - strip club in video game

#2 Trademark Law Development of 2008: Dilution Dilution

Mark VB Partridge — Tue, 24 Feb 2009 14:30:37 -0600

#2 Trademark Law Development of 2008: Dilution Dilution

#1 Trademark Law Developement of 2008: Famous Marks Doctrine

Mark VB Partridge — Tue, 24 Feb 2009 14:27:50 -0600

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

Trademark Owners Should Consider .mp Domain Name Registration

Mark VB Partridge — Fri, 20 Feb 2009 10:50:02 -0600

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: ...

"Copyrights and Wrongs" - The Guiding Rights Newsletter 3:1

Admin — Sat, 07 Feb 2009 10:44:46 -0600

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.