Illinois Bar Journal


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Articles on Intellectual Property

Patent, Trade Secret, or Both: A General Practitioner’s Guide By Martin B. Robins February 2015 Article, Page 40 Should your client file for patent protection, or will simpler and less costly trade secret protection be enough?
General Assembly takes action against patent trolls November 2014 Illinois Law Update, Page 524 The Consumer Fraud and Deceptive Business Practices Act has been amended to prohibit deceptive patent infringement demand letters.
Recovering Damages for Trademark Infringement By Nicholas A. Gowen and Peter V. Baugher March 2013 Article, Page 148 While enjoining unlawful use is the objective of most infringement suits, some trademark owners can get money damages.
Protecting Clients’ Trade Secrets: A General Practitioner’s Guide By J. Joseph McCoy June 2010 Article, Page 300 "Trade secrets" can be nearly any type of valuable information, and clients may need your help identifying and protecting them. Here's how.
Federal courts have jurisdiction over legal malpractice claims in patent infringement cases January 2010 Illinois Law Update, Page 16 On November 10, 2009, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County finding, in a legal malpractice suit, that the contingent fee arrangement between the parties was not void, and that jurisdiction over the malpractice claim rested exclusively with the federal courts. 
The Business Attorney’s Guide to Copyright Law By J. Joseph McCoy January 2009 Article, Page 36 As copyright interests grow increasingly valuable, businesses that fail to protect their creative works run high legal risks.
“Borrowing” from legal forms - do you need permission? By Helen W. Gunnarsson December 2008 LawPulse, Page 606 Lifting language from legal documents - everyone does it, right? But does it constitute copyright infringement?
Intellectual Property Law for the General Practitioner By Preston H. Smirman and David A. Burns December 2007 Article, Page 650 Understanding intellectual property fundamentals can protect your client’s business and enhance your general practice. Here’s a primer.
Correspondence from Our Readers October 2007 Column, Page 506 Animal law and the ISBA; dogs and damages; KSR and patenting legal techniques  
Licensing of copyrighted images is subject to Right of Publicity Act October 2007 Illinois Law Update, Page 516 On August 2, 2007, the Illinois Appellate Court, First District, answered two certified questions and affirmed the order of the Circuit Court of Cook County denying defendant Corbis Corporation's motion to dismiss counts III and VI of plaintiff James Brown's amended complaint.
Can lawyers patent their legal techniques? By Helen W. Gunnarsson July 2007 LawPulse, Page 342 A patent issued on an estate-planning technique has that bar buzzing.
Protecting Your Communications By Maureen B. Collins January 2002 Column, Page 47 Don't let your brainchildren be like the proverbial cobbler's shoeless kids; lawyer, protect your IP rights.
The Lawyer’s Journal By Bonnie C. McGrath December 2000 Column, Page 686 Extra protection against self-incrimination; grandparents get their (bad) day in court; and more.
Internet Torts and Cyberspace Insurance: New Issues for the E-conomy By Adam H. Fleischer May 2000 Article, Page 268 A review of new Internet-based theories of liability and the insurance-coverage issues raised by them.
Protecting Trade Secrets During Litigation: Policies and Procedures By William Lynch Schaller May 2000 Article, Page 260 Find out how to reduce the risk that you'll reveal proprietary information during litigation.
Perfecting Security Interests in Intellectual Property By Scott J. Driza March 2000 Article, Page 162 An overview of this rapidly developing area of intellectual property transactions.
The Cautious Interplay Between Trademarks and Internet Domain Name By Aaron W. Brooks February 2000 Article, Page 74 Find out what to do when your client’s trademark has been registered as someone else’s domain name.
The Business Attorney’s Guide to Trade Names By Aaron W. Brooks October 1999 Article, Page 526 Selecting the right business name isn't as simple as you might think. Here's a primer for Illinois lawyers.
Plain English as a Second Language: Will It Become Second Nature at the SEC? By Carla E. Laszewski October 1999 Article, Page 536 An explanation of the SEC's plain English disclosure rules and why the agency advocates their use.
The Lawyer’s Journal By Bonnie McGrath June 1999 Column, Page 298 Guilty but mentally ill'' passes constitutional muster
Oral licensing agreement could be terminated at will, even prior to the 35-year period for those licenses under § 203 of the Copyright Act. June 1999 Illinois Law Update, Page 304 On March 26, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the district court's holding that the plaintiff could terminate the oral licensing agreement entered into with the defendant at any time.
The Lawyer’s Journal By Bonnie Fitzgerald McGrath November 1998 Column, Page 590 Post-Ellerth business boom?