Publications

Section Newsletter Articles on Intellectual Property

Galvin v. Illinois Republican Party highlights the Seventh Circuit’s mistreatment of satire in copyright law By Matt Grothouse Intellectual Property, July 2016 Fair use defenses expand somewhat for political uses of intellectual property. Analysis of Galvin v Illinois Republican Party (ND IL 2015) suggests the courts should clarify the status of satire and other non-referential uses in copyright law.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, July 2016 New and notable intellectual property updates.
Quick summaries of five recent copyright cases By Margo Lynn Hablutzel Intellectual Property, July 2016 Summaries of recent cases of interest to IP practitioners.
License grant—A licensee’s perspective By Mark Weis Corporate Law Departments, March 2016 One of the most important areas of any intellectual property (IP) agreement is the license grant provision.
Taking a default By Daniel Kegan International and Immigration Law, February 2016 Defaulting has pejorative connotations, but sometimes accepting a default judgment may be a wise decision. Courts sometimes permit alternatives to traditional service, FRCP 4. The Hague Service Convention, the Inter-American Convention on Letters Rotatory, and the ubiquitous, pervasive Internet make service of process easier. The Internet has also spawned complaints with hundreds of defendants, often for alleged copyright or trademark violations. For the innocent, downstream, small business defendant, defaulting may be more rational than defending, even when the complaint contains deceptive and false allegations. Decision considerations and likely settlement elements are presented.
Ethical issues for business and intellectual property lawyers By Eugene F. Friedman Intellectual Property, December 2015 Our ethics codes provide guidance when encountering conflicting choices. Multiple codes and enforcement entities, including Illinois Rules of Professional Conduct, Patent and Trademark Office, Northern District of Illinois. Eugene Friedman outlines and comments on issues intellectual property and business attorneys may confront.
A discussion of facial recognition technology, interactive displays and recent legal developments By Deirdre A. Fox Intellectual Property, November 2015 Contemporary facial recognition software facilitates finding friends' photos, but also raises privacy concerns and may engender liabilities for database compilations of biometric data (facial geometry) that identify individuals. Suits against Faceebook and Shutterfly allege their tag suggestions violate Illinois law protecting biometric data, 740 ILCS 14 et seq. Digital interactive signs that change in real time dependent on demographic data raise parallel problems. The FTC issued guidance. The Internet of Things promises more issues.
Five considerations for drafting an online privacy policy By Meghan K. Nugent Intellectual Property, November 2015 Most business Web sites benefit from an explicit online privacy policy; some require one. But copying another’s privacy policy risks gaining liabilities. A privacy policy creates affirmative duties. Five considerations are presented.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, November 2015 News and updates of interest to intellectual property law practitioners.
Know when to stop wasting money on trademark litigation By Eric R. Waltmire Intellectual Property, November 2015 Pursuing litigation to achieve an apology or an an acknowledgment of wrong doing (litigating on principle) often yields unsatisfying results at high expense. Tartell v. South Florida Sinus and Allergy Center, Inc., 14-13178 (8th Cir. 2015) illustrates physicians forgetting the maxim, First Do No Harm, among cybersquatting, false designation of origin, and unfair competition claims. The case continued through a four-day bench trial and 8th Circuit appeal, due to defendant’s refusal to accept responsibility while plaintiff sought a statutory windfall for a short and largely pointless deceit.
License grant—A licensee’s perspective By Mark Weis General Practice, Solo, and Small Firm, November 2015 One of the most important areas of any intellectual property (IP) agreement is the license grant provision.
Taking a default By Daniel Kegan Intellectual Property, November 2015 Defaulting has pejorative connotations, but sometimes accepting a default judgment may be a wise decision. Courts sometimes permit alternatives to traditional service, FRCP 4. The Hague Service Convention, the Inter-American Convention on Letters Rotatory, and the ubiquitous, pervasive Internet make service of process easier. The Internet has also spawned complaints with hundreds of defendants, often for alleged copyright or trademark violations. For the innocent, downstream, small business defendant, defaulting may be more rational than defending, even when the complaint contains deceptive and false allegations. Decision considerations and likely settlement elements are presented.
Literary estates for the not-so-rich and famous: Making sure the author is not forgotten (and not unrewarded) - Part I By Sarah M. Linsley Trusts and Estates, September 2015 The best way to be sure that your literary works will not have a life after you die is to not plan for that inevitability.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, August 2015 News and updates of interest to intellectual property law practitioners.
Interior design is a competitive business By David Adler Intellectual Property, August 2015 The case of Hunn v. Dan Wilson Homes, Inc., offers several lessons for interior designers.
An open letter to the sponsors of the revised Defend Trade Secrets Act By David S. Levine and Sharon K. Sandeen Intellectual Property, August 2015 The authors provide their understanding of how the new DTSA compares to the Senate version of the DTSA that was introduced last year.
Update from TM5 at the INTA 137th Annual Meeting By Margo Lynn Hablutzel Intellectual Property, August 2015 The 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.
Use your trademark consistently or it will be weak: WD-40 in the crosshair By Eric R. Waltmire Intellectual Property, August 2015 The consistent use of a trademark is very important to maintaining its strength. Trademark strength is one factor in determining whether there is a likelihood of confusion between two marks and therefore infringement. If you have a weak trademark you will have a harder time asserting infringement against similar marks.
Life extension for lesser-known works By Daniel Kegan Intellectual Property, July 2015 Five steps to ensure an author's work remains available to the public. 
Literary estates for the not-so-rich and famous: Making sure the author is not forgotten (and not unrewarded) - Part I By Sarah M. Linsley Intellectual Property, July 2015 The best way to be sure that your literary works will not have a life after you die is to not plan for that inevitability.
Cloud computing: An answer to cybersecurity? A feedback on the 20th European Intellectual Property Forum By Camille Conquer Corporate Law Departments, May 2015 An overview of this two-day conference held in Paris earlier this year.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, May 2015 Recent news and developments of interest to intellectual property law practitioners.
Media creation & consumption is challenging traditional legal notions By David Adler Intellectual Property, May 2015 Fair use continue hard to predict. Fox News Network infringes the now iconic photograph of firefighters raising the American flag on the ruins of the World Trade Center, 9/11/2001. Fox denied copyright infringement against TVEyes, which provides subscribers a searchable database based on indexed and organized data from its 24/7 recording of many tv and radio broadcasts. The additional features TVEyes provides were sufficiently transformative to find fair use.
Preclusion and the TTAB—Why B&B Hardware matters to trademark owners: Can a TTAB decision determine a court judgment on trademark use and infringement damages? By David Adler Intellectual Property, May 2015 So long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the TTAB are materially the same as those before a district court, issue preclusion should apply. B&B Hardware, Inc v Hargis Industries, Inc, 575 US ___ (24 Mar 2015).
Save the Date—Protecting and Preserving Author Rights: Contracts, Digital Publishing, & Literary Estates Intellectual Property, May 2015 Join us for a special all-day joint Continuing Professional Education Program co-sponsored by Science Fiction Writers of America and the Intellectual Property Law and Trusts & Estates Sections of the Illinois State Bar Association, aimed at both authors and their attorneys. Topics include a review of rights and contract provisions, especially authors’ rights in the digital age, self-publishing, and (particularly for the less well-known authors) the creation of literary estates. Lawyer-author Scott Turow has agreed to be one of the speakers. Space in the room is limited, so early registration is strongly recommended. Concurrent with the SFWA’s annual Nebula Awards weekend—the professional SF authors (not the fans) honoring their own. Register at www.isba.org/cle/upcoming. CLE pending.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, January 2015 Recent news and developments of interest to intellectual property law practitioners.
Major hidden IP costs of mergers and acquisitions By Volker Spitz Intellectual Property, January 2015 A look at the potential IP pitfalls that could befall a company involved in a merger or acquisition.
Practice tips By Lynne R. Ostfeld International and Immigration Law, January 2015 Next time your case involves intellectual property, surrogacy, or international probate, you may want to consider these ideas.
SCOTUS to decide a tacky situation By Denny Esford Intellectual Property, January 2015 The U.S. Supreme Court has already heard oral arguments in the case of Hana Financial, Inc. v. Hank Bank and Hana Financial Group.
What the media isn’t telling you about the Redskins trademark lawsuit By Kay Weiler Human Rights, January 2015 While the media and a significant number of supporters of Native Americans have expressed outrage at the Eastern District of Virginia's recent decision, it is clearly aligned with U.S. law.