Publications

Section Newsletter Articles on Intellectual Property

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.  
Labeling for human drug products now requires toll-free number for reporting adverse events Intellectual Property, December 2008 Final Rule: Toll-Free Number for Reporting Adverse Events on Labeling for Human Drug Products Federal Register: October 28, 2008 (Volume 73, Number 209) Page 63886-63897 AGENCY: Food and Drug Administration, HHS.
Litigating keywords like it’s 1999: An overview of recent (non)developments in the law applicable to keyword advertising By Daliah Saper and Dominika Szreder Intellectual Property, December 2008 This article first provides a brief overview of keyword advertising on search engines and the potential implication of infringement when those keywords are a competitors’ trademark, like Ticketmaster.
PTO Consistency Initiative: 29 September 2008 Intellectual Property, December 2008 In an effort to further improve quality, the Office has created a centralized process by which an applicant may bring to the attention of the Office situations where, in applicant’s opinion, the Office has acted inconsistently in its treatment of applicant’s pending applications/recent registration(s).
Memorizing secret information may violate Trade Secrets Act By Michael R. Lied Labor and Employment Law, September 2008 Al Minor & Associates, Inc., (“AMA”) is an actuarial firm that designs and administers retirement plans and that employs pension analysts who work with approximately 500 clients.
The application of the Communications Decency Act’s IP exception to state law claims By Dale R. Kurth Intellectual Property, July 2008 The onslaught of User-Generated Content in Web publishing and New Media (also known as digital media, and generally defined as the integration of mediated or interactive communications with digital computers or the Internet) has created problems for the owners of IP rights. 
“Guitar Hero” – Do the claims catch more than just air? The patent license fights surrounding a popular video game By Margo Lynn Hablutzel Intellectual Property, July 2008 Although Gibson had licensed the look of its guitars and other trademarks for use with the game, Gibson apparently claimed that until the controllers failed to work, it did not realize that the equipment mimicked not only the form, but the technology. 
Sports figures reclaim and protect their names (but Larry Bird really did sleep here!) By Margo Lynn Hablutzel Intellectual Property, July 2008   In 1985, six years after Dick Butkus was elected to the Pro Football Hall of Fame, the Butkus Award was created by a group of sports fans in Florida to honor the best linebacker in college football each year. Twenty-two years later, Butkus sued.
Who owns the IP rights to high school sports? By Joseph A. Saltiel Intellectual Property, July 2008 When you missed your son scoring a touchdown in his state championship game this past November, the question is not whether you can relive the moment by purchasing photographs of it on the Internet, it is who is going to sell you those photographs.
How does the Illinois Eavesdropping Statute apply in the educational setting? By Eric R. Waltmire Intellectual Property, May 2008 This article addresses how and when the Illinois Eavesdropping statute applies to recordings in the educational setting.
Musicians’ message to politicians: “Hold On”—Artists fear unauthorized use of songs on campaign trail equals endorsement By Steven L. Baron and Lindsay H. LaVine Intellectual Property, May 2008 “Hold On, I’m Comin.’” “More Than a Feeling.” “Soul Man.” What do these songs have in common, other than upbeat tempos and catchy lyrics? Their songwriters have objected to presidential candidates’ use of their copyrighted material.
“One day you’re in…..” – Louis Vuitton’s recent trademark cases By Margo Lynn Hablutzel Intellectual Property, May 2008 On the Bravo Channel’s Project Runway reality show, host Heidi Klum warns designers “in fashion, one day you’re in, the next day, you’re out.” Louis Vuitton, a division of LVMH Moet Hennessy Louis Vuitton SA, recently learned the same can be said in trademark courts, as it won a case and lost a case within a week of each other.