Tribute to Bernard G. Peter, Jr.By Margo Lynn HablutzelCorporate Law Departments, September 2026In remembrance of Bernard G. Peter Jr., a devoted member of this Section Council; Editor of Corporate Law Departments Newsletter and Employee Benefits Newsletter; and supporter of the Illinois Bar Foundation.
Vivek Shah’s Vexatious LitigationBy Margo Lynn Hablutzel, J.D.Intellectual Property, September 2026For the last few years, companies all over the United States have received a letter from a man named Vivek Shah, demanding payment for alleged violations of California’s Invasion of Privacy Act. Finally, in July, Judge R. Gary Klausner, with the U.S. District Court for the Central District of California, granted a motion declaring Vivek Shah to be a Vexatious Litigant. While the order is limited to one district, other recipients of communications from Shah are cheered by their ability to use it, along with his history of letters and litigation, to ask the same relief of other courts.
There’s Still Time To Nominate YourselfBy Margo Lynn Hablutzel, J.D.Corporate Law Departments, March 2026Learn how to get involved in the Corporate Law Departments Section, from CLE programs, to writing an article for the newsletter!
Amendments to the Illinois Supreme Court Rules Relating To In-House CounselBy Margo Lynn Hablutzel, J.D.Corporate Law Departments, January 2026Changes to Illinois Supreme Court Rules 706(g) and 716, effective as of January 1, 2026, set certain requirements and limits that are applicable to in-house counsel within Illinois.
Amendments to the Illinois Supreme Court Rules Relating To In-House CounselBy Margo Lynn Hablutzel, J.D.Employee Benefits, January 2026Changes to Illinois Supreme Court Rules 706(g) and 716, effective as of January 1, 2026, set certain requirements and limits that are applicable to in-house counsel within Illinois.
Upcoming CLE Programs of Special Interest To In-House CounselBy Margo Lynn Hablutzel, J.D.Corporate Law Departments, November 2025Earn CLE credits with two upcoming CLE programs that address intellectual property, including brand strategy, trademarks, and reputation for in-house counsel; and copyright and AI.
Why Volunteer on a Section Council?By Margo Lynn HablutzelCorporate Law Departments, August 2025Learn about the benefits of joining the Corporate Law Department Section Council!
AI Information for In-House CounselBy Margo Lynn HablutzelCorporate Law Departments, May 2024An overview of the three CLE programs on artificial intelligence sponsored by the Corporate Law Departments Section.
U.S. Trademark Office Halves Response TimesBy Margo Lynn HablutzelIntellectual Property, December 2022Effective Dec. 3, 2022, the current standard six months due date to respond to a trademark office action is halved to three; for post-registration matters the cleavage is effective Oct. 7, 2023. A three-month extensions to the initial three-month due date may be available for $125. <www.federalregister.gov/d/2022-22217>
The Status of Interactions With RospatentBy Margo Lynn Hablutzel, J.D.Intellectual Property, June 2022Russia invaded Ukraine. The United States, the EU, and other nations sanctioned Russia. On March 22, 2022, the USPTO terminated engagement with Rospatent, Belarus IP Office, and the Eurasian Patent Organization.
Copyright Derivative Works and Section 203: A Tale of Two PhanaticsBy Margo Lynn HablutzelIntellectual Property, March 2022Is a baseball mascot merely a costume, a work of art, or something else? If the artist wants to reclaim the copyright, can the team use a derivative version of the original design after the termination of its license in the original, and how does when the new mascot was created interact with the Copyright Act’s termination provision?
Sharing the Wealth: Student-Athletes After NCAA v. AlstonBy Margo Lynn HablutzelIntellectual Property, December 2021For decades, the National Collegiate Athletic Association (NCAA) had a simple rule: Student-athletes could not benefit financially from their skills on the playing field. Beginning with the “Sanity Code” in 1948 and continuing with some evolutions to 2021, the NCAA sought to limit the schools’ ability to offer financial incentives to preferred students. On June 21, the U.S. Supreme Court issued its unanimous decision in NCAA v. Alston, upholding injunctions based upon antitrust law which lifted limitations on certain payments by schools and conferences.
Copyright Trolls in the Construction BusinessBy Margo Lynn HablutzelCommercial Banking, Collections, and Bankruptcy, June 2021There are two main lessons to take from this article. First, copyright trolls will thrive as long as their targets are unfamiliar with decisions such as Lexington Homes and Signature Construction, and decide it is easier to pay a fee to avoid litigation. Second, in an industry where design elements are limited and certain combinations are expected, copyright infringement requires direct and unquestionable copying for liability. Merely echoing certain elements is insufficient to sustain a claim.
Copyright Trolls in the Construction BusinessBy Margo Lynn HablutzelIntellectual Property, May 2021There are two main lessons to take from this article. First, copyright trolls will thrive as long as their targets are unfamiliar with decisions such as Lexington Homes and Signature Construction, and decide it is easier to pay a fee to avoid litigation. Second, in an industry where design elements are limited and certain combinations are expected, copyright infringement requires direct and unquestionable copying for liability. Merely echoing certain elements is insufficient to sustain a claim.
Pirate Joe sails awayBy Margo Lynn HablutzelIntellectual Property, November 2017Pirate Joe’s buys lots of goods at retail from Trader Joe’s in Bellingham, WA and resells them at Pirate Joe's Vancouver, Canada store. Trader Joe’s stores are located only in the USA. Trader Joe’s Lanham Act complaint claimed reputation, health, and safety concerns because perishable items were subject to varying temperatures, creating a health risk. Ninth Circuit, following precedent that the Lanham Act’s “use in commerce” requirement is separate from the jurisdictional grant, as they appear in different sections of the Act, and thus the federal courts unquestionably have subject matter jurisdiction over Lanham Act cases, decided only “some effect” on USA commerce was required for jurisdiction, and remanded to address the case merits. Then the parties settled.
Trademark infringement for unicorn beverages is no fantasyBy Margo Lynn HablutzelIntellectual Property, June 2017Montauk Juice Factory filed, January 2017, a trademark application for “Unicorn Latte,” and its The End Brooklyn cafe started serving the “healing beverage” late 2016. Starbucks promoted its limited-edition “Unicorn Frappuccino” in April 2017. The Juice was upset Starbucks horned in.
Ten cybersecurity tips for lawyersBy Margo Lynn HablutzelIntellectual Property, January 2017Lawyers have an ethical obligation to protect their clients’ information. Electronic records add accessibility—and responsibility. Cybersecurity tips include Change the Password Often, Consider Dual Authentication, Limit Access to Need-to-Know, Disable Passwords When People Leave, Plan for Cyber Incidents, Train Staff and Attorneys, Document with NDAs, Investigate Your Vendors, Review Policies and Processes.
Musicians vs. politicians – The saga continuesBy Margo Lynn HablutzelIntellectual Property, September 2016Popular music has historically had political aspects. Politicians love music, using it to underscore their platforms, highlight their entrances, and set a tone for their campaigns. But musicians don’t always want politicians using their music. Several recent disputes are summarized.
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.
Food fights in the Chicago trademark arenaBy Margo Lynn HablutzelIntellectual Property, September 2009Some 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?
“Hope,” charity, and copyright—Fair use or derivative work?By Margo Lynn HablutzelIntellectual Property, May 2009While unlikely to make new law in the area of copyright, derivative works, and fair use, the Fairey v. AP case could provide a new distinction between fair use and derivative works for political images.
Sports figures reclaim and protect their names (but Larry Bird really did sleep here!)By Margo Lynn HablutzelIntellectual Property, July 2008
In 1985, six years after Dick Butkus was elected to the Pro Football Hall of Fame, the Butkus Award was created by a group of sports fans in Florida to honor the best linebacker in college football each year. Twenty-two years later, Butkus sued.
“One day you’re in…..” – Louis Vuitton’s recent trademark casesBy Margo Lynn HablutzelIntellectual Property, May 2008On the Bravo Channel’s Project Runway reality show, host Heidi Klum warns designers “in fashion, one day you’re in, the next day, you’re out.” Louis Vuitton, a division of LVMH Moet Hennessy Louis Vuitton SA, recently learned the same can be said in trademark courts, as it won a case and lost a case within a week of each other.
Drawing a line between art and copyrightBy Margo Lynn HablutzelIntellectual Property, January 2008Art can also be the center of intellectual property controversies, as recent charges of copyright infringement have shown.
Pulling the Plug on “The Electric (Slide)”By Margo Lynn HablutzelIntellectual Property, March 2007Thousands 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.
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