A discussion of facial recognition technology, interactive displays and recent legal developmentsBy Deirdre A. FoxIntellectual Property, November 2015Contemporary facial recognition software facilitates finding friends' photos, but also raises privacy concerns and may engender liabilities for database compilations of biometric data (facial geometry) that identify individuals. Suits against Faceebook and Shutterfly allege their tag suggestions violate Illinois law protecting biometric data, 740 ILCS 14 et seq. Digital interactive signs that change in real time dependent on demographic data raise parallel problems. The FTC issued guidance. The Internet of Things promises more issues.
Five considerations for drafting an online privacy policyBy Meghan K. NugentIntellectual Property, November 2015Most business Web sites benefit from an explicit online privacy policy; some require one. But copying another’s privacy policy risks gaining liabilities. A privacy policy creates affirmative duties. Five considerations are presented.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, November 2015News and updates of interest to intellectual property law practitioners.
Know when to stop wasting money on trademark litigationBy Eric R. WaltmireIntellectual Property, November 2015Pursuing litigation to achieve an apology or an an acknowledgment of wrong doing (litigating on principle) often yields unsatisfying results at high expense. Tartell v. South Florida Sinus and Allergy Center, Inc., 14-13178 (8th Cir. 2015) illustrates physicians forgetting the maxim, First Do No Harm, among cybersquatting, false designation of origin, and unfair competition claims. The case continued through a four-day bench trial and 8th Circuit appeal, due to defendant’s refusal to accept responsibility while plaintiff sought a statutory windfall for a short and largely pointless deceit.
License grant—A licensee’s perspectiveBy Mark WeisGeneral Practice, Solo, and Small Firm, November 2015One of the most important areas of any intellectual property (IP) agreement is the license grant provision.
Taking a defaultBy Daniel KeganIntellectual Property, November 2015Defaulting has pejorative connotations, but sometimes accepting a default judgment may be a wise decision. Courts sometimes permit alternatives to traditional service, FRCP 4. The Hague Service Convention, the Inter-American Convention on Letters Rotatory, and the ubiquitous, pervasive Internet make service of process easier. The Internet has also spawned complaints with hundreds of defendants, often for alleged copyright or trademark violations. For the innocent, downstream, small business defendant, defaulting may be more rational than defending, even when the complaint contains deceptive and false allegations. Decision considerations and likely settlement elements are presented.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, August 2015News and updates of interest to intellectual property law practitioners.
Interior design is a competitive businessBy David AdlerIntellectual Property, August 2015The case of Hunn v. Dan Wilson Homes, Inc., offers several lessons for interior designers.
Update from TM5 at the INTA 137th Annual MeetingBy Margo Lynn HablutzelIntellectual Property, August 2015The members of TM5 began by each presenting information about the work handled by their respective offices, including the number of applications filed in 2014; effect of the Madrid system; and any improvement in processing, especially in the time period for examination.
Use your trademark consistently or it will be weak: WD-40 in the crosshairBy Eric R. WaltmireIntellectual Property, August 2015The consistent use of a trademark is very important to maintaining its strength. Trademark strength is one factor in determining whether there is a likelihood of confusion between two marks and therefore infringement. If you have a weak trademark you will have a harder time asserting infringement against similar marks.
Life extension for lesser-known worksBy Daniel KeganIntellectual Property, July 2015Five steps to ensure an author's work remains available to the public.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, May 2015Recent news and developments of interest to intellectual property law practitioners.
Media creation & consumption is challenging traditional legal notionsBy David AdlerIntellectual Property, May 2015Fair use continue hard to predict. Fox News Network infringes the now iconic photograph of firefighters raising the American flag on the ruins of the World Trade Center, 9/11/2001. Fox denied copyright infringement against TVEyes, which provides subscribers a searchable database based on indexed and organized data from its 24/7 recording of many tv and radio broadcasts. The additional features TVEyes provides were sufficiently transformative to find fair use.
Save the Date—Protecting and Preserving Author Rights: Contracts, Digital Publishing, & Literary EstatesIntellectual Property, May 2015Join us for a special all-day joint Continuing Professional Education Program co-sponsored by Science Fiction Writers of America and the Intellectual Property Law and Trusts & Estates Sections of the Illinois State Bar Association, aimed at both authors and their attorneys. Topics include a review of rights and contract provisions, especially authors’ rights in the digital age, self-publishing, and (particularly for the less well-known authors) the creation of literary estates. Lawyer-author Scott Turow has agreed to be one of the speakers. Space in the room is limited, so early registration is strongly recommended. Concurrent with the SFWA’s annual Nebula Awards weekend—the professional SF authors (not the fans) honoring their own. Register at www.isba.org/cle/upcoming. CLE pending.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, January 2015Recent news and developments of interest to intellectual property law practitioners.
Major hidden IP costs of mergers and acquisitionsBy Volker SpitzIntellectual Property, January 2015A look at the potential IP pitfalls that could befall a company involved in a merger or acquisition.
Practice tipsBy Lynne R. OstfeldInternational and Immigration Law, January 2015Next time your case involves intellectual property, surrogacy, or international probate, you may want to consider these ideas.
SCOTUS to decide a tacky situationBy Denny EsfordIntellectual Property, January 2015The U.S. Supreme Court has already heard oral arguments in the case of Hana Financial, Inc. v. Hank Bank and Hana Financial Group.
What the media isn’t telling you about the Redskins trademark lawsuitBy Kay WeilerHuman and Civil Rights, January 2015While the media and a significant number of supporters of Native Americans have expressed outrage at the Eastern District of Virginia's recent decision, it is clearly aligned with U.S. law.
What’s happening at the PTOBy Andrew ByrnesIntellectual Property, January 2015Read the remarks from Andrew Byrnes, Chief of Staff of the U.S. Patent & Trademark Office.
The CTM: then and now, and why national trade mark registrations are still importantBy Rachel HavardInternational and Immigration Law, December 2014The European Community Trademark system still provides excellent value for the money. To seek EU wide registration is relatively inexpensive compared with the cost of filing individual national trade mark applications in 28 countries.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, November 2014Recent news and developments of interest to intellectual property law practitioners.
The CTM: then and now, and why national trade mark registrations are still importantBy Rachel HavardIntellectual Property, September 2014The European Community Trademark system still provides excellent value for the money. To seek EU wide registration is relatively inexpensive compared with the cost of filing individual national trade mark applications in 28 countries.