Section Newsletters

Articles on Intellectual Property

US and EU approaches to the antitrust analysis of intellectual property licensing: Observations from the enforcement perspective By Makan Delrahim June 2004 In today's world, whether firms are creators or consumers, intellectual property rights are crucial to performance. Intellectual property rights, whether copyrights, patents, or another legal form, are increasingly crucial to all sectors of the economy and continue to fulfill Thomas Jefferson's prophecy of providing the "fuel to the fire of ingenuity."
Short items Intellectual Property, February 2004 The State Justice Institute as part of the Court Technology Laboratory has established the inCounter E-filing Solution for electronic filing of court documents, .
What is the Madrid Protocol? Intellectual Property, February 2004 The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an "international application."
Obtaining international trademark protection via the Madrid Protocol By Sirat K. Attapit International and Immigration Law, January 2004 The international registration of trademarks is governed by the "Madrid System." The Madrid System is made up of two relatively similar treaties, the Madrid Agreement ("Agreement") and the Madrid Protocol ("Protocol").
Bankruptcy treatment of ipso facto clauses in intellectual property licenses By Beverly A. Berneman Intellectual Property, December 2003 Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.
Coming to a state court near you! Could patent infringement matters really end up in state court? By Steven McMahon Zeller Intellectual Property, December 2003 Since the creation of the United States Court of Appeals for the Federal Circuit more than 20 years ago, it was taken for granted that an appeal in any patent litigation case could only be taken to that court.
Short items Intellectual Property, December 2003 The Copyright Office and the Patent and Trademark Office delivered a report, "The Vessel Hull Design Protection Act: Overview and Analysis," to Congress on November 3.
Trade secret train wreck: How “clickety-clack” transformed a simple idea into a protectable and profitable trade secret By Steven L. Baron & Kristin L. Lingren Intellectual Property, December 2003 A recent Seventh Circuit opinion suggests that in Illinois, a protectable trade secret may now encompass ideas conceived in an "intuitive flash of creativity" and developed with a monetary investment of less than $1.
Filing international trademark applications in the United States: Some basic considerations and resources for attorneys By Pradip K. Sahu International and Immigration Law, November 2003 On November 2, 2003, the United States Patent and Trademark Office (the "USPTO") began accepting trademark applications under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks ("The Protocol").
Trademark protection in China: An overview By Pradip K. Sahu International and Immigration Law, September 2003 Many businesses in the United States see China as "the final frontier" because it is a rapidly developing nation with great potential for economic growth.
“Common Law” trademark protection in Japan? By Jiri M. Mestecky & Koya Uemura Intellectual Property, August 2003 There is a common misperception among intellectual property attorneys and businesspeople in "common law" countries, such as the United States, that "civil law" countries, such as Japan, France, Germany and others, provide little or no protection for unregistered trademarks.
Outline of three recent Supreme Court decisions on patent law (and more) By Eugene F. Friedman Intellectual Property, August 2003 I. Utility patents for plants--J.E.M. Ag Supply Inc. v. Pioneer Hi-Bred International Inc., 60 USPQ2d 1865 (2001)
The name game: Preventing trademark infringement against newly formed businesses By A. Jay Goldstein & Christina M. Berish Business Advice and Financial Planning, June 2003 One, two, even 10 years after forming a new business, it is not unheard of for a company to receive a demand to discontinue the use of their name.
International trademark protection: A brand new way in the U.S.A. By Pradip K. Sahu International and Immigration Law, May 2003 On November 2, 2002, President Bush signed into law the legislation that will make the United States a member of the Madrid Protocol for the International Registration of Marks (The Madrid Protocol).
The name game: Preventing trademark infringement against newly formed businesses By A. Jay Goldstein & Christina M. Berish Business and Securities Law, March 2003 One, two, even 10 years after forming a new business, it is not unheard of for a company to receive a demand to discontinue the use of their name.
Constitution.com: U.S. constitutional arguments in ICANN arbitration hearings By Christopher Loweth Intellectual Property, October 2002 Is there a constitutional right in the United States to register a domain name? The Uniform Domain Name Dispute Resolution Policy (UDRP) was adopted on August 26, 1999.
Copyright birth & death announcements By Daniel Kegan Intellectual Property, October 2002 Copyright death approaches for older unpublished works. Pre-1978 works that did not receive copyright protection before 1978 may, unless the works are published before January 2003, become public domain.
ICANN Stockholm fallout By Adria Morris Intellectual Property, October 2002 If anyone blinked in June 2001, they might have missed the cursory press coverage of the ICANN quarterly meeting in Stockholm. For anyone that is involved in the domain name industry, which many of us are, a few items deserve special attention.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, October 2002 The Official Gazette for Patents stopped paper publication September 25, 2002; electronic publication on CD-ROM began October 1, 2002.
ISBA Intellectual Property contents Intellectual Property, October 2002 Baron, Steven L. and Anne C. Brynn. "Another roadblock on the way to proving trade dress in product configuration: Traffix Devices, Inc. v. Marketing Displays, Inc."
The law of privacy: past, present and future Intellectual Property, October 2002 Studies indicate that 92 percent of consumers are concerned about the misuse of their personal information online, and that concern is estimated to result in potential losses of up to $20 billion by 2002.
Recent activities before the WTO raise new questions about international protection for intellectual property rights By Doris Estelle Long Intellectual Property, October 2002 Recent "losses" by the United States before the World Trade Organization (WTO) have revived concerns about the desirability of subjecting domestic intellectual property law to international dispute resolution processes.
Intellectual improbabilities™ By Daniel Kegan Intellectual Property, June 2002 Douglas Dorhauer, a student at Louisiana State University school of law maintains the lsulaw.com Web site.
A new cybertool against cybersquatters—and they can only blame it on Rio By Margo Lynn Hablutzel Intellectual Property, June 2002 A bane of trademark owners seeking to stop cybersquatters has been the inability to serve site owners located outside the United States.
Property v. Privacy By David Loundy Intellectual Property, June 2002 An interesting exploration of the ability to monitor telephone records is found in Schmidt v. Ameritech Illinois, 2002 Ill.App. LEXIS 220 (Mar. 29, 2002).
Second Circuit upholds denial of Random House injunction request By Steven L. Baron Intellectual Property, June 2002 When it comes to publishing rights, is there a difference between a book and an e-book? According to one New York court, the answer is yes.
Inventor rights: Chou v. The University of Chicago By Robert H. Resis Intellectual Property, April 2002 The Court of Appeals for the Federal Circuit has recently ruled that a putative inventor who lacks a potential ownership interest in a patent still has standing to sue for correction of inventorship of the patent based on an alleged "concrete financial interest in the patent."
Trademark Trial and Appeals Board issues first dilution decision By John E. Lyhus Intellectual Property, April 2002 The Trademark Trial and Appeals Board of the United States Patent and Trademark Office has revealed the high barrier a trademark must surmount to be considered famous under the Federal Trademark Dilution Act (FTDA).
UCITA is coming! UCITA is coming! (One if by land, two if by C) By Eugene F. Friedman Intellectual Property, April 2002 The Illinois General Assembly has recently witnessed the introduction of the Uniform Computer Information Transfer Act ("UCITA"), 1999 Illinois Senate Bill 1309.
Establishing a presence on the World Wide Web: an Internet primer Intellectual Property, January 2002 Copies of the more extensive handouts may still be available from the ISBA; if not, contact the authors of the particular topic of interest.

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