Intellectual Property

The newsletter of the ISBA’s Section on Intellectual Property Law

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2001 Articles

Another roadblock on the way to proving trade dress in product configuration: Traffix Devices, Inc. v. Marketing Displays, Inc. By Steven L. Baron & Anne C. Brynn December 2001 On March 20, 2001, the United States Supreme Court continued the trend it began last term in Wal-Mart Stores, Inc. v. Samara Bros. Inc., 529 U.S. 205 (2000) toward narrowing the scope of trade dress protection in product configuration.
Bankruptcy treatment of ipso facto clauses in intellectual property licenses By Beverly A. Berneman December 2001 Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.
Calling all government attorneys February 2001 The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency.
Copyright Office e-mail newsletter, NewsNet, available December 2001 To subscribe to the Copyright Office's e-mail newsletter, fill in the Web form <http://www.loc.gov/copyright/ newsnet/subchange.html"> or send an e-mail message to <LISTSERV@loc.gov> and in the body of the message say: Subscribe USCopyright
Free Illinois cases February 2001 Striving to meet the needs of members, ISBA expanded its free e-mail case law update service to 12,000 members.
Free ISBA case service December 2001 Striving to meet the needs of members, ISBA expanded its free e-mail case law update service to 12,000 members.
From ink to e-sign: a conceptual history of the electronic signature By Aaron W. Brooks 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.
Illinois appellate court embraces “inevitable disclosure” doctrine in trade secrets case By Steven L. Baron February 2001 On December 6, 2000, the Illinois Appellate Court, First District, issued an opinion in the case of Strata Marketing, Inc. v. Murphy, No. 1-99-2749, ___ Ill.App.3d ___, ___ N.E.2d ___ (1st Dist. 2000), in which the court embraced the "inevitable disclosure" doctrine.
When is “notice” really notice? Service provider liability under the DMCA By David Loundy December 2001 The U.S. District Court of Appeals for the Fourth Circuit has just reversed a lower court in a decision of interest to anyone representing Internet service providers or those who work at addressing on-line infringements. ALS Scan, Inc. v. RemarQ Communities, Inc., No 00-1351 (4th Cir. February 06, 2001), available at http://www.Loundy.com/CASES/ALS_v_RemarQ.html, involved a company that produces and distributes adult-oriented photographs, and a company that provides the Usenet news service to end users, and provides Usenet news as a private label service to other service providers.