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Intellectual Property Law

Guiding Rights Blog

Trademarks, Copyright and the Internet, by Mark VB Partridge, Partner, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson

Post Frequency: 2.3/day

Last Entry: July 18, 2010 at 14:52:18

Will Plagiarism Chill Coldplay's Grammy Night?

Posted on February 07, 2009
Guitarist Joe Satriani has sued Coldplay for copyright infringement. Are the songs too close? Compare Satriani's "I Just Want To Fly" with Coldplay's "Viva La Vida." Listen here Read more here

Who Owns Obama Poster Rights?

Posted on February 07, 2009
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.

Mikki Williams and Friends: Protecting Your Brand

Posted on February 05, 2009
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...

CEO Club of Boston Hosts Chicago Attorney Mark Partridge

Posted on February 03, 2009
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...

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Trademark Search and Clearance

Posted on February 02, 2009
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...

Selling Intellectual Property

Posted on February 02, 2009
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...

John Marshall "Trademark Transactions" Course Focuses on Corporate Trademark Practice

Posted on January 26, 2009
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...

Talking about IP and Watching the Inauguration in Baltimore

Posted on January 24, 2009
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...

Chicago Trademark Attorney Speaks at PCMA

Posted on January 17, 2009
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...

Pattishall Client Prevails In Ground-Breaking Domain Name Class Action

Posted on January 12, 2009
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...

My Professional Life

Posted on January 10, 2009
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 ...

Speeches and Presentations

Posted on January 01, 2009
"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 ...

ICANN Plans for gTLD Expansion: Summary and Comments

Posted on December 16, 2008
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...

Victory for EULA: Software Distributors Rejoice

Posted on November 26, 2008
[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...

Thanks, Nancy Chapman

Posted on November 26, 2008
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!

Par for the Course for Western Golf Association in Korea

Posted on October 28, 2008
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...

ICANN Plans for gTLD Expansion

Posted on October 25, 2008
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...

Infringing Import Problems

Posted on October 24, 2008
My colleague Scott Lonardo has an article entitled "Addressing the Problem of Infringing Imports" in our last firm newsletter. He provides strategies for working with Customs and the International Trade Commission:"Infringing imports present a persistent and ever-growing problem for intellectual property owners...

Creating a Personal Brand

Posted on October 23, 2008
A recent article in Redeye focused on the importance of creating a personal brand. Personal branding is wise career advice. The key attributes of a personal brand can be gleaned from those attributes that create a strong trademark. Be distinctive...

Why didn't I think of this?

Posted on October 21, 2008
When I was a kid I belonged to The Mad Scientists Club, a group of junior high kids that wanted to invent cool things. We never did anything that was as cool as this though:

Mickey Hart Channels Grateful Dead with Global Drum Project

Posted on October 19, 2008
One of the great brands of rock 'n roll is THE GRATEFUL DEAD. I don't merely mean the music, although it's some of my favorite rock, but I mean the way it builds and maintains the brand over time, beyond the grave, if you will.Do you remember your first DEAD concert? I do...

Obama Named Brand of the Year

Posted on October 18, 2008
Obama has been name Advertising Age's marketer of the year at the annual conference of the Association of National Advertisers. Matthew Creamer at Ad Age writes:"Mr. Obama won the vote of hundreds of marketers, agency heads and marketing-services vendors gathered here at the Association of National Advertisers' annual conference...

Sam Silverstein at NSA Illinois

Posted on October 17, 2008
NSA President Sam Silverstein made a special presentation today at our local NSA Chapter. Sam is an extremely successful speaker with much to share with the rest of us who aspire to build a speaking business. As I sat through his program today I was particularly pleased to notice that he mentioned "trademarks" at least twice, including his own trademark NO MORE EXCUSES...

Bush Signs New Counterfeiting Bill

Posted on October 14, 2008
President Bush has signed a new bill with enhanced protections against counterfeiting and piracy. The Whitehouse announcement says that . . ."the Act increases statutory damage awards in civil counterfeiting cases, it strengthens remedies available in the prosecution of criminal cases involving counterfeiting and piracy, it enhances resources (personnel, training, and equipment) for Department of Justice programs that combat IP theft, and makes permanent the Administration?s Strategy Targeting Organized Piracy (STOP!) Initiative and its inter-agency IP coordination efforts...

Trademarks for Chicago Trash Trucks

Posted on October 13, 2008
On Friday I went with my son to visit the University of Colorado, where he would like to go when he graduates from St. Ignatius in Chicago. We left Friday afternoon from Midway. On our way from the parking lot in the shuttle we saw two Chicago street sweepers being washed in the spray of an open fire hydrant...

From "Aha!" to Profitability - AMIA Conference

Posted on October 09, 2008
I look forward to speaking at the AMIA (American Medical Informatics Association) 2008 annual conference in Washington DC on November 9, 2008, with the CEO of one of my long time clients, IMO (Intelligent Medical Object, Inc.). I've worked with the founder Frank Naeymi-Rad since he started the company over ten years ago, dealing with IP protection and litigation over medical record and billing systems...

What happens to good brands in a downturn?

Posted on October 07, 2008
It's hard to ignore. I have no special expertise or experience in the financial world, although I represent or have represented may businesses in that space: banks, hedge funds, credit card companies, ATMs, and insurance businesses. I'm struck by the challenge...

IP Addresses Top Discussion

Posted on October 06, 2008
We have a monthly lunch at our firm, bringing all the attorneys and paralegals together for salad, chicken and pasta and a few quick updates on new issues. Today we greeted our new associate Jake Linford and revealed plans for a small website upgrade...

Ben Hollis at Speaker U

Posted on October 05, 2008
Ben Hollis is a great Chicago brand, a visionary who's won Emmys and the Studs Terkel Award for fascinating, quirky television programs. Ben was in the audience last week when I spoke at Speaker U, a program of the Illinois Chapter of the National Speakers Association, on "Stay out of Jail...

American Gangster on Trademark Infringement

Posted on October 04, 2008
I enjoy finding clips from movies that demonstrate legal issues and trial techniques. I share these with my students at John Marshall and in CLE programs involving trial practice. It's not too hard to come up with examples involving basis trial techniques - impeachment from Witness for the Prosecution; expert testimony from My Cousin Vinnie; the perils of pursuing questions when you don't know the answer from Anatomy of a Murder...

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