Publications

Section Newsletter Articles on Intellectual Property

Google Books: The future is now? By Dale R. Kurth Intellectual Property, June 2010 The case of The Author’s Guild, et al. v. Google, Inc. will go a very long way in deciding how society as a whole makes its tentative way down the path of an increasingly technological terrain.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, June 2010 Recent developments in intellectual property law.
Don’t let pharmaceutical product trademarks be a pain By Shannon A.R. Bond Intellectual Property, March 2010 The process involved in filing a trademark registration for a pharmaceutical product.
The grammar of intellectual property: Copyright is a noun, trademark is an adjective By Daniel Kegan Intellectual Property, March 2010 Clarifying the definitions of patent, trademark, and copyright, and how to use each term properly.
Happy 300th birthday, Statute of Anne and Copyright Intellectual Property, March 2010 A brief history of the first copyright law, which became effective in 1710.
NDIL adopts Local Patent Rules Intellectual Property, March 2010 The Local Patent Rules apply to all cases filed in or transferred to the district after October 1, 2009 involving a claim of utility patent infringement, non-infringement, invalidity, or unenforceability.
No just desserts for jus tertii defense in Illinois By Steven L. Baron and Rebecca A. Edwards Intellectual Property, March 2010 A review of the landmark case of The Jim Mullen Charitable Foundation v. World Ability Federation, in which a jus tertii defense used in a trademark infringement case is rejected for the first time in Illinois.
Dangerous delusions: Do it yourself, or don’t By Daniel Kegan Intellectual Property, November 2009 Many once-arcane intellectual property (IP) procedures are now accessible to lay businesspersons and citizens. 
President Obama names Victoria Espinel as Intellectual Property Enforcement Coordinator By Pradip K. Sahu International and Immigration Law, November 2009 On September 25, 2009, President Obama appointed Victoria Espinel as the new Intellectual Property Enforcement Coordinator of the United States (the “IPEC”).
President Obama names Victoria Espinel as Intellectual Property Enforcement Coordinator By Pradip K. Sahu Corporate Law Departments, October 2009 On September 25, 2009, President Obama appointed Victoria Espinel as the new Intellectual Property Enforcement Coordinator of the United States.
Caution for copyright owners before filing suit for infringement By Jeremy M. Roe Intellectual Property, September 2009 Generally, the owner of a U.S. copyright registration may enforce its rights by bringing an infringement action against an infringer. However, one court’s recent ruling may caution copyright owners from moving forward.  
Food fights in the Chicago trademark arena By Margo Lynn Hablutzel Intellectual Property, September 2009 Some foods inspire legions of fans, some of whom will go to great lengths to obtain their particular delicacy. Who can forget the episode of “M*A*S*H” where Hawkeye Pierce places a takeout order with Adam’s Ribs in Chicago and then arranges to have them delivered to the 4077?  
Has the 7th Circuit lowered the standard for joint authorship? By Aaron White Intellectual Property, September 2009 The issue of joint authorship is one of the more hotly contested issues in copyright law.
Intellectual improbabilities By Daniel Kegan Intellectual Property, September 2009 Recent updates in Intellectual Property law.
Justify that tax-deductible iPod, let your ears learn Intellectual Property, September 2009 The Intellectual Property Colloquium is a free online audio CLE program devoted to IP topics. Aimed primarily at a legal audience, the program consists of edited conversations with high-profile guests drawn from academia, the judiciary, and the various technology industries.  
Law changes Intellectual Property, September 2009 New FedRCivP become effective 1 December 2009, unless Congress acts to the contrary.  
Saving Roundup Ready® beans for seed? Trantham, McFarling, and Scruggs say “no” By Donald L. Uchtmann Agricultural Law, September 2009 Can farmers save Roundup Ready® beans for seed without being liable for patent infringement or breach of contract?
Three tips to protect a trademark By Shannon A.R. Bond Intellectual Property, September 2009 Colgate-Palmolive Co. is the well-known owner of multiple Colgate Total trademarks for oral-care products. To protect its trademark rights, on July 31, 2009, Colgate filed two separate lawsuits against Johnson & Johnson and Chattem, Inc., demanding the companies withdraw trademark applications for Johnson & Johnson’s Listerine Total Care mouthwash and Chattem’s Act Total Care mouthwash and stop using the Total name.  
Best practices for enforcing United States trademark rights By Clark Lackert and Courtland Reichman Corporate Law Departments, July 2009 When it comes to enforcing their rights in the United States, mark owners can choose between a vast array of tools, including arbitration, litigation and anticounterfeiting actions.
The basics of trademarks and trade secrets By Eugene F. Friedman Business Advice and Financial Planning, June 2009 Summaries of basic Trademark and Trade Secret concepts for the general practitioner.
Caution for copyright owners before filing suit for infringement By Jeremy M. Roe Federal Civil Practice, June 2009 Generally, the owner of a U.S. copyright registration may enforce its rights by bringing an infringement action against a would-be infringer. However, one court’s recent ruling may send caution to copyright owners moving forward.
Copyright Office fees set to change on August 1, 2009 Intellectual Property, May 2009 The Copyright Office has submitted to Congress a proposed new fee schedule that will go into effect on August 1 unless Congress rejects the schedule.
Fraud on the Trademark Office in the U.S. and Canada By Sanjiv D. Sarwate Intellectual Property, May 2009 Those U.S. lawyers who are ready to pack their bags to escape Medinol and its works may wish to remain, at least until the Federal Circuit weighs in later this year.
Generating revenue streams in tough times (or at any time): Putting your intellectual property assets to work By John Ambrogi Corporate Law Departments, May 2009 In difficult economic times like these, many business executives and owners have their minds on the bottom line—streamlining processes, reducing overhead and trimming “fat” to maximize profitability. It is a highly useful effort, but some executives can get “tunnel vision” and overlook opportunities to create revenue streams. One of the most overlooked areas is a company’s intellectual property assets.
“Hope,” charity, and copyright—Fair use or derivative work? By Margo Lynn Hablutzel Intellectual Property, May 2009 While unlikely to make new law in the area of copyright, derivative works, and fair use, the Fairey v. AP case could provide a new distinction between fair use and derivative works for political images.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, May 2009 Updates in Intellectual Property law.
Judicially imposed limitations on “business method” patents By Steven Behnken Intellectual Property, May 2009 The U.S. Patent Act defines four categories of patentable subject matter: processes, machines, articles of manufacture, and compositions of matter. Anything outside these four categories is by definition nonstatutory and is, therefore, not patentable.
Preventing the misappropriation of trade secrets through proactive policies and procedures By Peter A. Steinmeyer Labor and Employment Law, May 2009 While there is no magic wand that will prevent a theft or stop a thief in his tracks, a company can substantially lower the risk of trade secret misappropriation through proactive policies and procedures.
The consequences of committing fraud in trademark filings By Richard B. Biagi and Jeremy M. Roe Intellectual Property, March 2009  For a multi-class application, fraud may potentially result in the cancellation of the mark within the international class of nonuse or misstated use. While a finding of fraud does not necessarily eliminate a mark owner’s common law rights, the owner does lose the benefits of a federal registration.
Obamas for sale: How much is too much? By Steven L. Baron and Lindsay H. LaVine Intellectual Property, March 2009 Does the Obama family have legal recourse for the use of Malia and Sasha’s identities? The answer is most likely, yes. Most states, including Illinois, protect against the unauthorized use of an individual’s identity for commercial purposes. The so-called right of publicity extends to all people, regardless of whether they are public figures or private citizens.