Publications

Section Newsletter Articles on Intellectual Property

Securing and collecting intellectual property collateral By Daniel Kegan Intellectual Property, December 2007 Intellectual property has become a salient, yet confusing, asset in national and global business and financing.
Brand Extension—Popular and perilous: American Red Cross expansion invokes Laches By Daniel Kegan Intellectual Property, September 2007 In the past three decades, one analyst concludes “intellectual property and intangible assets have become the dominant assets of major corporations.”
“Pull My Finger Fred” gets his day in court By Steven L. Baron and Lindsay H. LaVine Intellectual Property, September 2007 For years to come, Illinois courts will cite the JCW Investments case (or the “farting doll” case, as it is affectionately known) for the proposition that federal law does not preempt state law in the realm of punitive damages. Who would have thought that Pull My Finger Fred would be such a pioneer?
Keeping company secrets secure: Where does the Economic Espionage Act stand after its first 10 years? By Andrew Pavlinski International and Immigration Law, May 2007 Intellectual property theft costs U.S. industry more than $260 billion each year, although there is no precise way of measuring the actual loss.
Intellectual property law for the general practice attorney By Preston H. Smirman and David A. Burns Labor and Employment Law, March 2007 While the topic of IP law may seem intimidating, the intended purpose of this article is to “demystify” this area of the law. 
Pulling the Plug on “The Electric (Slide)” By Margo Lynn Hablutzel Intellectual Property, March 2007 Thousands of guests at weddings, bas mitzvah, Sweet Sixteen parties, company holiday gatherings, and other events have been cajoled into joining a line dance called “The Electric Slide” over the last thirty years.
World Intellectual Property Organization proposes new Initiative regarding trademarks for drug names By Alpana P. Sahu, K. and Pradip K. Sahu International and Immigration Law, March 2007 From November 13th to the 17th, 2006, the World Intellectual Property Organization’s Standing Committee on Trademarks, Industrial Designs and Geographical Indications (the “Standing Committee) met in Geneva, Switzerland to discuss numerous issues relating to trademark law and practice.
Questions and complexities in disclosure By Daniel Kegan Intellectual Property, January 2007 A list of items to consider regarding disclosure.
Select Illinois case law on non-disclosure agreements and trade secrets By Steven L. Baron and Kristin L. Lingren Intellectual Property, January 2007 The following is a compilation of significant and/or factually interesting cases addressing issues that directly or indirectly affect the enforceability of nondisclosure agreements in Illinois.
What’s in a name? By Margo Lynn Hablutzel Intellectual Property, January 2007 Recent activity in the UK and USA have highlighted a celebrity’s use of name or nickname as a trademark.
Probate trademarks: death, reincarnation, and survival of intellectual property rights By Daniel Kegan Intellectual Property, October 2006 It was a dark and stormy night when the dame appeared in the doorway of Mark Trade,™ intellectual property investigator.
Protecting ‘Works of the Human Spirit’ worldwide By Caitlyn McEvoy International and Immigration Law, August 2006 The World Intellectual Property Organization (WIPO) is one of the many agencies of the United Nations headquartered in Geneva, Switzerland. Its main objective is to protect and promote the use of intellectual property, deemed as “works of the human spirit.”
Buying back your own trademark: The reality of cybersquatting By Christopher J. Schafer Corporate Law Departments, July 2006 Once seen as “entrepreneurs” in the early days of internet, cybersquatters now violate government regulations.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, June 2006 Data Gone. Jacob Citrin, accused of wiping out all the data on the computer he used at work before he announced his resignation faces a lawsuit by his former employer, a group of affiliated real estate companies, under the Computer Fraud and Abuse Act., 18 USC 1030.
Is/Isn’t Trademark Infringement—Internet search engine keyword advertising By Eric Goldman Intellectual Property, June 2006 In late March, the legality of the search engine keyword advertising industry got very murky due to two inconsistent rulings within the span of 10 days.
Legal wrinkles in sponsored links By Steven L. Baron and William Beattie Intellectual Property, March 2006 Like everyone else schooled in a brick-and-mortar world, trademark attorneys and the courts are struggling to apply decades-old trademark law principles to the universe of the World Wide Web.
Corporate assumed name basics By Jodi K. Plagenz Intellectual Property, December 2005 What if a corporation, for marketing or other business purposes, decides to use a name other than its legal name without making it ‘official’?
Copyright in the digital age By Peter LaSorsa Corporate Law Departments, July 2005 In the information age the risk of infringing another's copyright protected work has never been higher.
Political trademarks: Intellectual property in politics and government By Daniel Kegan Local Government Law, January 2005 Confusion, deception, and mistake are generally unlawful in marketing campaigns. 14 USC § 1125 (a) [Lanham Act § 43(a)].
Political trademarks: Intellectual property in politics and government By Daniel Kegan Intellectual Property, October 2004 Confusion, deception, and mistake are generally unlawful in marketing campaigns. 14 USC § 1125 (a) [Lanham Act § 43(a)].
International trademark protection: A brand new way in the U.S.A. By Pradip K. Sahu International and Immigration Law, May 2003 On November 2, 2002, President Bush signed into law the legislation that will make the United States a member of the Madrid Protocol for the International Registration of Marks (The Madrid Protocol).
Copyright birth & death announcements By Daniel Kegan Intellectual Property, October 2002 Copyright death approaches for older unpublished works. Pre-1978 works that did not receive copyright protection before 1978 may, unless the works are published before January 2003, become public domain.
From ink to e-sign: a conceptual history of the electronic signature By Aaron Brooks Intellectual Property, February 2001 Amidst the Information Age and the electronic commerce revolution, it is a wonderful time to be a lawyer. Much like Thomas Augustus Watson receiving the first telephone communication in 1876, so too, we stand at the precipice of fundamental change.
Academia at risk: antiquated IP policy By Daniel Kegan Intellectual Property, November 2000 Our schools and colleges face enlarging potholes on the information superhighway because of antiquated intellectual property policies in academia. Many academic institutions have no explicit intellectual property policy; others may have established policies for inventions by faculty and researchers and trademark licensing for major college football teams.
Intellectual improbabilities By Daniel Kegan Intellectual Property, November 1999 DOJ antitrust guidelines for competitor collaboration. The Justice Department and the Federal Trade Commission October 1, 1999 released and sought comment on proposed guidelines for lawful and illegal collaboration among competitors.
Selected U.S. domain name case decisions By David Loundy Intellectual Property, May 1999 The first Internet domain name case decision was released in 1994, the second domain name case decision was a year later.
The “Online Copyright Infringement Liability Limitation Act” By David Loundy Intellectual Property, February 1999 An important piece of legislation was signed by President Clinton in October, the "Online Copyright Infringement Liability Limitation Act," passed as part of the "Digital Millennium Copyright Act" (Public Law 105-304), that affects Internet service providers and copyright holders that are infringed online.
Recent changes to trademark opposition and cancellation practice By Joseph T. Nabor Intellectual Property, February 1999 The Patent and Trademark Office has recently issued its amendment to the Rules of Practice in inter partes proceedings before the Trademark Trial and Appeal Board.