The newsletter of the ISBA’s Section on Intellectual Property Law
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Newsletter articles from 2009
The consequences of committing fraud in trademark filings
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.
Food fights in the Chicago trademark arena
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?
Judicially imposed limitations on “business method” patents
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.
Justify that tax-deductible iPod, let your ears learn
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.
New FedRCivP become effective 1 December 2009, unless Congress acts to the contrary.
May 22, 2009 Deadline for Comment on Proposed NDIL Patent Rules
The judges of the Northern District of Illinois have issued for public comment proposed local rules to guide the pretrial procedures in patent cases. The public comment period will run for sixty days until Friday, May 22, 2009. Following the public comment period, the judges will consider the proposed new local patent rules in light of the comments received.
MINNESOTA NICE: Lessons from the poker table
I had an extremely enjoyable and interesting experience at a poker table recently. I happened to be on the road on my birthday this year, and I gave myself the present of spending the day at the Canterbury Card Club, the Minnesota poker room, about 40 minutes south of the Twin Cities.
Obamas for sale: How much is too much?
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.
Three tips to protect a trademark
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.