Section Newsletters

Articles on Intellectual Property

“Hope,” charity, and copyright—Fair use or derivative work? By Margo Lynn Hablutzel Intellectual Property, May 2009 While 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.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, May 2009 Updates in Intellectual Property law.
Judicially imposed limitations on “business method” patents By Steven Behnken Intellectual Property, May 2009 The U.S. Patent Act defines four categories of patentable subject matter: processes, machines, articles of manufacture, and compositions of matter. Anything outside these four categories is by definition nonstatutory and is, therefore, not patentable.
Preventing the misappropriation of trade secrets through proactive policies and procedures By Peter A. Steinmeyer Labor and Employment Law, May 2009 While there is no magic wand that will prevent a theft or stop a thief in his tracks, a company can substantially lower the risk of trade secret misappropriation through proactive policies and procedures.
The consequences of committing fraud in trademark filings By Richard B. Biagi & Jeremy M. Roe Intellectual Property, March 2009  For a multi-class application, fraud may potentially result in the cancellation of the mark within the international class of nonuse or misstated use. While a finding of fraud does not necessarily eliminate a mark owner’s common law rights, the owner does lose the benefits of a federal registration.
Obamas for sale: How much is too much? By Steven L. Baron & Lindsay H. LaVine Intellectual Property, March 2009 Does the Obama family have legal recourse for the use of Malia and Sasha’s identities? The answer is most likely, yes. Most states, including Illinois, protect against the unauthorized use of an individual’s identity for commercial purposes. The so-called right of publicity extends to all people, regardless of whether they are public figures or private citizens.  
Labeling for human drug products now requires toll-free number for reporting adverse events Intellectual Property, December 2008 Final Rule: Toll-Free Number for Reporting Adverse Events on Labeling for Human Drug Products Federal Register: October 28, 2008 (Volume 73, Number 209) Page 63886-63897 AGENCY: Food and Drug Administration, HHS.
Litigating keywords like it’s 1999: An overview of recent (non)developments in the law applicable to keyword advertising By Daliah Saper & Dominika Szreder Intellectual Property, December 2008 This article first provides a brief overview of keyword advertising on search engines and the potential implication of infringement when those keywords are a competitors’ trademark, like Ticketmaster.
PTO Consistency Initiative: 29 September 2008 Intellectual Property, December 2008 In an effort to further improve quality, the Office has created a centralized process by which an applicant may bring to the attention of the Office situations where, in applicant’s opinion, the Office has acted inconsistently in its treatment of applicant’s pending applications/recent registration(s).
Memorizing secret information may violate Trade Secrets Act By Michael R. Lied Labor and Employment Law, September 2008 Al Minor & Associates, Inc., (“AMA”) is an actuarial firm that designs and administers retirement plans and that employs pension analysts who work with approximately 500 clients.
The application of the Communications Decency Act’s IP exception to state law claims By Dale R. Kurth Intellectual Property, July 2008 The onslaught of User-Generated Content in Web publishing and New Media (also known as digital media, and generally defined as the integration of mediated or interactive communications with digital computers or the Internet) has created problems for the owners of IP rights. 
“Guitar Hero” – Do the claims catch more than just air? The patent license fights surrounding a popular video game By Margo Lynn Hablutzel Intellectual Property, July 2008 Although Gibson had licensed the look of its guitars and other trademarks for use with the game, Gibson apparently claimed that until the controllers failed to work, it did not realize that the equipment mimicked not only the form, but the technology. 
Sports figures reclaim and protect their names (but Larry Bird really did sleep here!) By Margo Lynn Hablutzel Intellectual 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.
Who owns the IP rights to high school sports? By Joseph A. Saltiel Intellectual Property, July 2008 When you missed your son scoring a touchdown in his state championship game this past November, the question is not whether you can relive the moment by purchasing photographs of it on the Internet, it is who is going to sell you those photographs.
How does the Illinois Eavesdropping Statute apply in the educational setting? By Eric R. Waltmire Intellectual Property, May 2008 This article addresses how and when the Illinois Eavesdropping statute applies to recordings in the educational setting.
Musicians’ message to politicians: “Hold On”—Artists fear unauthorized use of songs on campaign trail equals endorsement By Steven L. Baron & Lindsay H. LaVine Intellectual Property, May 2008 “Hold On, I’m Comin.’” “More Than a Feeling.” “Soul Man.” What do these songs have in common, other than upbeat tempos and catchy lyrics? Their songwriters have objected to presidential candidates’ use of their copyrighted material.
“One day you’re in…..” – Louis Vuitton’s recent trademark cases By Margo Lynn Hablutzel Intellectual Property, May 2008 On 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.
TrAid names aids trademark creation By Daniel Kegan Intellectual Property, May 2008 Good trademark selection avoids litigation and builds brand equity.
Upcoming CLE regarding intellectual property and international law issues in representing a globally expanding company By Pradip K. Sahu International and Immigration Law, May 2008 On June 12, 2008, the International and Immigration Law Section will present an all day CLE program regarding intellectual property and international law issues in representing a globally expanding company.
Primer on copyright law By Peter LaSorsa Federal Civil Practice, March 2008 Sophisticated digital equipment like handheld scanners, cellular telephones with built in cameras, and the easy accessibility of protected works via the Internet, are making the task of copying another’s work relatively easy, cheap and unsophisticated.
Intellectual property fundamentals for corporate employees By Peter S. Trotter In-House Law Departments, February 2008 Intellectual property law is the law which governs and protects things that we create with our minds.
Intellectual property protection at a glance By Alan R. Singleton Business and Securities Law, February 2008 Compare the different forms of intellectual property protection from this handy reference chart.
Business entity selection at a glance By Alan R. Singleton Intellectual Property, January 2008 A table to assist with your business entity selection questions.
Drawing a line between art and copyright By Margo Lynn Hablutzel Intellectual Property, January 2008 Art can also be the center of intellectual property controversies, as recent charges of copyright infringement have shown.
Intellectual property protection at a glance By Alan R. Singleton Intellectual Property, January 2008 A table to assist in identifying IP property protection.
Protecting trade secrets in cyberspace By Anne C. Keays & Mitchell S. Chaban Intellectual Property, January 2008 This article will review the facts and findings in QSRSoft, Inc. v. Restaurant Technology Inc., a recent Northern District of Illinois opinion, and examine the court’s reasoning as guidance on measures to take in protection of trade secrets for Internet based systems.
Highlights from the U.S. Antitrust Agencies’ Report on Intellectual Property: How agency policy statements can be helpful to practitioners By Jennifer M. Dixton December 2007 This past Spring, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued a joint report concerning antitrust enforcement and intellectual property rights.
Securing and collecting intellectual property collateral By Daniel Kegan Commercial Banking, Collections, and Bankruptcy, December 2007 Intellectual property has become a salient, yet confusing, asset in national and global business and financing.
Securing and collecting intellectual property collateral By Daniel Kegan Intellectual Property, December 2007 Intellectual property has become a salient, yet confusing, asset in national and global business and financing.
Brand Extension—Popular and perilous: American Red Cross expansion invokes Laches By Daniel Kegan Intellectual Property, September 2007 In the past three decades, one analyst concludes “intellectual property and intangible assets have become the dominant assets of major corporations.”

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