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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

Maureen O'Brien Speaks

Posted on October 03, 2008
Maureen O'Brien came into the city today from Batavia to talk about her business ideas over lunch. She's a woman of many talents and achievements - the CEO and founder of O'Brien & Son, Inc., a remodeling company; a motivational speaker and coach; the founder and leader of TAKECARA U, the "school of higher learner in momentum U", and CELTIC CONNECTIONS, an Organization for Personal Development for Women with the integration of mind, body, spirit, soul and a focus on character leadership and ethics...

Thomas Jefferson Didn't Live in the Past

Posted on October 02, 2008
Historian David McCullough makes the point in a recent presentation at Yale that the great historic figures didn't live in the past. They lived in the present. But it was a "present" we don't know. That's what makes history interesting...

Germany Hosts Chicago Lawyer to Speak on U.S. Trademark Litigation

Posted on September 08, 2008
My partner Uli Widmaier is heading to Germany in November to speak on U.S. Trademark Litigation. Uli is a native German speaker and this is a return visit for him as a participant at intellectual property law programs in Germany. Nov 26, 2008 - "U...

AIPPI World Congress To Address Cybersquatting and the Bottom Line

Posted on September 07, 2008
The AIPPI World Congress opened in Boston this week hosting intellectual property attorneys from around the world. I will be speaking at a workshop Monday September 8 on "Cybersquatting and the Bottom Line." Please stop by an introduce yourself as a reader of this blog if you are at the Congress...

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Adwords Promote Campaign

Posted on September 06, 2008
I'm catching up on some reading from August. A report in the Wall Street Journal on August 28, 2008, catches my attention. Emily Steel and Suzanne Vranica write about the McCain campaign's purchase of search terms to trigger McCain ads. When you search "Joe Biden" with Google the top sponsored links leads to www...

Heart Objects to McCain's Use of Popular Song

Posted on September 05, 2008
The music group Heart has objected to the McCain campaign's use of the hit song "Barracuda" Read more here at www.sfgate.com.

ICANN Decision Finds MasterCard mark is well known worldwide

Posted on August 19, 2008
A recent decision of ICANN UDRP panel orders transfer of domain name <mastercreditcard.com> to MasterCard, finding that "Complainant's mark is well known worldwide." MasterCard International v. Bankrate, Case No. D2008-0704 (WIPO, July 29, 2008)(Donahey, M...

Seven Pattishall Trademark Attorneys Picked for Who's Who Legal Illinois 2008

Posted on August 13, 2008
Who's Who Legal Illinois 2008 Lists 19 Trademark Attorneys. Seven of the nineteen lawyers listed are partners at Pattishall, McAuliffe:Ray GeraldsonDavid HilliardJerry McAuliffeJanet MarvelRobert SacoffJoseph WelchandMark PartridgeSelections are based on interviews of in-house and outside counsel...

Five Steps to Prevent Your Employees from Selling Your Out: How to Avoid Employee Misuse of IP

Posted on July 24, 2008
Do you know any employees who are unhappy? Who feel they aren't being treated right? Who want to show the company a thing or two? Perhaps they're like Joya Williams.Her story starts at a Thanksgiving dinner in 2005 in Georgia. Joya Williams pulled family friend Edmund Duhaney away from the turkey, greens and candied sweet potatoes...

Heartland Angels Hosts Trade Secret Litigators

Posted on July 02, 2008
Heartland Angels, a Chicago-area private equity network, presented an evening panel discussion on trade secret issues for early stage companies on June 30, 2008. The panel discussion was led by Bill Howard at Freeborn & Peters, the host site for the event...

EBay Ordered to Pay LVMH $61 Million for Counterfeit Goods

Posted on July 01, 2008
A French court has awarded LVMH $61 million in counterfeit case against eBay. Read more here.

ICANN Opens Applications for New Generic Top Level Domains

Posted on June 30, 2008
At its Board meeting on June 25, ICANN decided to open the gTLD space to new applications subject to tests yet to be established. Expected to begin in mid-2009, this may be largest expansion of the domain name space since the original introduction of gTLDs and ccTLDs...

SHRM Hosts Chicago Trademark Attorney at Annual Meeting

Posted on June 26, 2008
The Society for Human Resource Management or SHRM held its annual convention in Chicago this week. I was honored to be invited to make a presentation on "HR's Role in Guiding Employees to Avoid Infringement." I urged the attendees to consider four key areas of best practices:1...

Potbelly's Tips For Building a Great Brand

Posted on June 06, 2008
I attended Crain's Annual Entrepreneurs Luncheon this week at the Ritz-Carlton Hotel in Chicago. The speaker was Bryant Keil, Chairman and CEO at Potbelly Sandwich Works. Keil has turned POTBELLY into a great brand (first choice of my kids for fast food)...

Welcome Summer Associates!

Posted on June 03, 2008
Two new summer associates have arrived this week: Katie McGavin at Northwestern Law School and Meredith Monroe at University of Michigan Law School. We will welcome them Wednesday night over dinner at OTOM, a remarkable new restaurant from the owners of MOTO, previously mentioned in this blog in connection with food patents...

Are Your Employees Selling You Out? June 12 John Marshall Law School FREE

Posted on May 30, 2008
Are Your Employees Selling You Out?Your Role in Guiding Employees to Avoid Infringement and Lost Rights Noon to 1:30 pm June 12, 2008 John Marshall Law SchoolIn 2006, a Coca-Cola employee offered company secrets for sale to competitors for $1.5 million...

Persistence Pays for Victoria's Secret in 10-year Old Trademark Dispute

Posted on May 21, 2008
A federal district court has decided in favor of Victoria's Secret in Supreme Court follow up:http://www.msnbc.msn.com/id/24760241/from/ET/

Smashing Pumpkins Smash Virgin Records with Law Suit

Posted on March 26, 2008
Smashing Pumpkins sue Virgin Records alleging unauthorized use of band's name, music and image in Pepsi commercial. Read more at Crain's Chicago Business.

Federal Judges Speak Out On Intellectual Property Litigation

Posted on March 21, 2008
Last month, the Young Lawyers Section of the Chicago Bar Association, hosted a program on intellectual property law, featuring three Federal Court Judges: Virginia Kendall, Rebecca Pallmeyer, and Matthew Kennelly.The meeting closed with the following litigation mistakes and related nuggets of advice:1...

Datarecovery.con Sells for $1.7 million

Posted on March 03, 2008
ESS Data Recovery, Inc.of Edwardsville, Illinois aquires <datarecovery.com> for $1.7 million. More

"Cybersquatting: the Bottom Line" Chicago Bar Association Presentation

Posted on February 28, 2008
I recently spoke at the Chicago Bar Association on "Cyberquatting: the Bottom Line," focusing on the money being generate by the legitimate and infringing use of domain names by "cyber-entrepreneurs." A copy of the presentation slides are available on the resources page of my GuidingRights...

Buidling Your B.R.A.N.D. - The Guiding Rights Newsletter 2:1

Posted on February 18, 2008
Building and protecting your BRAND is a key facet of creating business success at all levels. Whether you are the manager of a multi-national corporation, a middle-market B-to-B company, a creative professional or an emerging entrepreneur, your BRAND is a key to success...

Naked Cowboy Sues M&Ms

Posted on February 17, 2008
Manhattan street star the Naked Cowboy claims M&Ms has infringed his trademark by using his likeness in advertising. He wants $2m but where not sure where he'll keep it. Read more here.

Yoko Use Singer Over Use of Lennon

Posted on February 13, 2008
John Lennon's widow Yoko Ono has sued singer Lennon Murphy over the name LENNON. John Lennon's son Julian sides with Lennon Murphy.This case poses the often challenging questions: Does a person have a right to use their own name as a trademark if it is confusingly similar to another's name or mark? And who has standing to complain?Could Harrison Ford use his own last name as a brand for automobiles?Could my Scottish friend Charters McDonald Brown open McDonald's restaurants selling McHaggis dinners?More on LENNON available here.

Law Bulletin IP Seminar Features Pattishall Attorney

Posted on February 12, 2008
The Law Bulletin is hosting a seminar on "Corporate IP" in Chicago on February 19. The program includes my partner Thad Chaloemtiarana on Licensing. Aside from being my partner, Thad is one of the most knowledgeable experts on IP licensing, especially computer software and Internet based licensing, that I know...

Use of PROGRESSIVE Leads to Infringement Dispute

Posted on February 11, 2008
A paint and body shop in Crestview, Florida earns infringement suit from the Progressive insurance company over allegedly improper use of the Progressive logo. Read more here.

ASCAP Sues Metropolis Radio Station; Pattishall Respresents Plaintiff

Posted on November 21, 2007
Copyright infringement. It even happens in Superman's hometown - Metropolis. My colleague Jared Solovay has filed suit for ASCAP against WRIK-FM in Metropolis, Illinois. Read more in The Madison St. Clair Record.

Iconix Shows How To Make Money With IP Rights

Posted on November 06, 2007
Many businesses recognize that most of the value of their organization now involves intangible assets including IP. Iconix Brand Group Inc. takes this a step farther. It is an example of a business that has moved away from the old economy of manufacturing and selling goods and services to a business apparently based completely on the value of brands...

Howard Stern's Cousin Sues Over Bee Movie

Posted on November 02, 2007
Blomberg.com reports here that Howard Stern's cousin Richie Gerber, owner of BeeCeuticals LLC, has sued Dreamworks and Paramount for trademark infringement based on the slogan "give bees a chance" to promote the animated film "Bee Movie". The mediator in me thinks they should "Give peace a chance...

Small Business Success - The Guiding Rights Newsletter 1:5

Posted on October 17, 2007
When I speak to business owners, entrepreneurs and CEOs, they often want to know how a small businesses can capitalize on intellectual property. They wonder, is IP protection for big firms only? What difference does IP make to them? Sure, it's nice to know that IBM earns billions each year in royalty payments on its IP portfolio, but what about the rest of us? Here's a small business success story built on IP rights...

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