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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 Recent Entries: 116
Go to Guiding Rights Blog, find other Intellectual Property Law blogs, or browse all law blogs.
Google Claims Victory in Settlement with American Blind
Posted on September 04, 2007Google claims victory as a result of a settlement of the adword infringement claim brought by American Blind. See New York Times report here.Full report and copy of settlement agreement is available at Eric Goldman's Technology and Marketing Law Blog here.
Plagiarism, Fair Use and Infringement: The Meter Drops On Anthony Robbins - The Guiding Rights Newsletter 1:4
Posted on August 24, 2007When I speak on copyright and plagiarism, two key questions often arise: First, how much does someone have to copy to be an infringer? Second, how much do I risk if I copy someone else's work? The answers are "not much" and "a lot...
James Brown's Heirs Win Right To Sue Over Singer's Image
Posted on August 06, 2007An Illinois court has ruled that the heirs of James Brown can proceed with their lawsuit against an Internet stock photo library for unauthorized sale of his image. James Brown et. al. v. ACMI Pop Division et. al., No. 1-06-08709 (Ill. 1st App. Ct...
IICLE Seminar on "Hot Topics in Business Law" Features Chicago Trademark Attorney Mark Partridge
Posted on August 02, 2007Press Release - August 2, 2007The Illinois Institute for Continuing Legal Education (IICLE) has announced that its September seminar on "Hot Topics in Business Law" will including Chicago trademark attorney Mark V.B. Partridge. Mr. Partridge's topic is "Intellectual Property Update: Resolving Disputes with Cybersquatters...
Protecting Your Brand: The Billion Dollar Cookie - The Guiding Rights Newsletter 1:3
Posted on July 30, 2007The billion dollar cookie is a story about the importance of brands. Why would anyone pay a billion dollars for a cookie? Join me on a trip to New York to learn why. It's Tuesday morning, June 6, 1989. Picture yourself in a law firm conference room overlooking Manhattan...
The National Speakers Association Convention - Trademark Registration for Speakers
Posted on July 09, 2007I arrived in San Diego for the National Speakers Association Convention mid-day on Sunday. At the registration desk I met up with fellow NSA Illinois member Dr. Michael Mercer, an expert on pre-employment testing. The author of numerous books and two blogs, Dr...
National Speakers Association Convention Starts July 9
Posted on July 08, 2007I will be leaving today for San Diego to attend the National Speakers Association Annual Convention. I attended my first local chapter meeting of NSA five years ago at the invitation of my friend and former neighbor Cyndi Maxey when she began her term as chapter president...
Four Hour Work Week Faces Infringement Problems
Posted on July 05, 2007For those of you who want to change your life or simply dream about doing so, I recommend you check out the new best seller "The Four Hour Work Week" by Tim Ferris. Learn more about it at his site here. His latest blog entry shows that even people who only work four hours a week face infringement problems...
Domain Name Parking A Growing Industry
Posted on June 28, 2007Domain 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.
Small Firms May Survive After All
Posted on June 22, 2007Sun 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...
ABC Retreats on "Sam I Am" after Dr. Seuss Objects
Posted on June 21, 2007Dr. 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.
Intellectual Property Trials Disappear
Posted on June 15, 2007During 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...
"Disinfectable" Is Generic
Posted on June 14, 2007Wouldn'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...
PepsiCo Loses Blue Storm Ruling in China
Posted on June 13, 2007Forbes.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.
ADR in IP: Is there a better way?
Posted on June 12, 2007The 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...
Vistage Group In Dallas Hosts Chicago Trademark Attorney Mark Partridge
Posted on June 11, 2007Last 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...
TTAB Default Does Not Bar Federal Civil Action
Posted on June 08, 2007Default 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).
YBOR GOLD "Primarily Geographically Deceptively Misdescriptive"
Posted on June 07, 2007YBOR 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...
Noninfringement Opinion Leads to Disqualification
Posted on June 06, 2007A 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...
"Counterfeit Pine-Sol" - The Guiding Rights Newsletter 1:2
Posted on June 05, 2007One 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...
Five Key Questions About IP Help Increase Market Value and Improve Bottom Line Results
Posted on June 04, 2007Intellectual 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...
GPS Tracking Technology Creates Concerns About Privacy and Data Ownership
Posted on June 01, 2007Many 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"...
Bona Fide Intent Requires Objective Evidence To Support ITU Trademark Application
Posted on May 31, 2007A "bona fide intent to use in commerce" is a basis for applying for U.S. trademark registration. But what satisfies that test? A recent decision indicates objective evidence may be required, as explained in this summary by Sanjiv Sarwate at www...
Utah State Law on "Electronic Registration Marks" Directed at Keyword Advertising
Posted on May 30, 2007Utah changed its state trademark law on March 19, 2007, to allow for a cause of action against keyword advertising displayed in the state. See the bill here. The relevant provision on infringement states: 302 70-3a-402...
How To Take and Defend Effective Depositions
Posted on May 29, 2007The key to winning your case or to an effective settlement can be a solid depositon based on goals and strategy. Given the cost of litigation, it is no longer acceptable to treat depostions as a "standard" or "routine" process (if it ever was!)...
Taking and Defending Effective Depositions - Lorman Educational Services
Posted on May 29, 2007Lorman Educational Services is offering a one-day CLE program on "Taking and Defending Effective Depositions" on August 14, 2007, in Naperville, Illinois. Mark V.B. Partridge is moderator and will be speaking on "Witness Preparation and Deposition Defense...
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Case Law Development: Inter-American Commission on Human Rights Finds Domestic Violence Police Response Case Admissible
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by Priya Prakash Royal'The revision of the property law delivers a...
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On Tuesday, the California Senate Judiciary Committee approved by ...
Eminent Domain, Fifth Amendment Property Rights, and Government Retaliation
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Atlanta, GA: Rep. John Lewis has spent a large part of his life fi...
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Heart of Atlanta v United States
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Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
My husband's Grandmother died intestate. She had one sole heir, my husband's Father. He and his wife kept paying taxes on the property.Then he also died intestate. Now, my Mother-in-law wants to sell this property. Accor
Based on my research, his wife would have a 1/3 interest in the property. The ot...
Well I hold a lease agreement with a long time friend of mine he is the main lease holder but I am on the lease I have never been late on any rent or utilities I am very clean and mostly keep to my self but if soemthing
as long as your name is on the lease and youve done nothing illegal, you dont ha...
What rights does a father have when a woman waits 13 years to tell a man he is a father & he missed out on the growing up of that child?
Actually, he has as much right as she to request a paternity test, plus he can f...
My exwife got a judgement aganst me. years latter i remarried and bought a home i told my new wife that I was not sure about owning real property so soon . our realtor told us I could file a quick claim deed. i sign it t
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