Publications

Section Newsletter Articles on Intellectual Property

Ethical quandaries: What to do when your collaborator/artist/agent/publisher becomes an adversary By Sarah M. Linsley Intellectual Property, October 2016 A look at the role of legal counsel in collaborations--if not in creating these relationships, inevitably in connection with unwinding them.
First copyright principles for the First Lady’s speech By Daniel Kegan Intellectual Property, September 2016 Who owns the copyright to a speech made by the spouse of the President of the United States? The First Lady of the United States (FLOTUS), the President of the United States (POTUS), the federal government, the writers assisting the spouse, the editors of the speech, we the American people, no one? As with most short legal questions, it depends.
How will the FRCP’s amendments affect BitTorrent litigation? By Jonathan LA Phillips Intellectual Property, September 2016 The Supreme Court recently amended the Federal Rules of Civil Procedure. The changes focused, in part, on the need for early and active judicial case management, ensuring cases do not stall at the outset, and ESI preservation. The new Rules became effective on December 1, 2015. Attorneys handling BitTorrent related copyright litigation should take note, given the amendments’ focus. This is particularly true for the Illinois attorney, because the Northern District of Illinois remains a hotbed of copyright litigation involving the BitTorrent protocol. Accordingly, these amendments should change the way Northern District judges approach these cases.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, September 2016 An eclectic gathering of recent intellectual property developments
Musicians vs. politicians – The saga continues By Margo Lynn Hablutzel Intellectual Property, September 2016 Popular 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.
Rembrandt, AI, and 3-D printing: Has forgery been perfected? By Charles Lee Mudd, Jr. Intellectual Property, September 2016 Current computer developments foster re-evaluation of intellectual property laws, especially copyright. To promote Dutch arts and culture, ING Bank hired JWT Amsterdam advertising agency to develop a computer program to paint like Rembrandt, one of the best-known Dutch artists. The website www.nextrembrandt.com describes the process and shows the result. How does that technology change the legal landscape?
Saudi Arabia: Final step towards Regional Trademark Law Intellectual Property, September 2016 The Cooperation Council for the Arab States of the Gulf (GCC) Trademark Law, unlike the GCC Patent Law, is a unifying, not a unitary law.It stipulates a set of uniform provisions for all GCC countries, but does not offer a unitary registration system. New GCC Trademark Law and Implementing Regulations were published in the Saudi Official Gazette 1 July 2016, and are expected to become effective 90 days thereafter.
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.