Section Newsletters

Articles on Intellectual Property

When is “notice” really notice? Service provider liability under the DMCA By David Loundy Intellectual Property, December 2001 The U.S. District Court of Appeals for the Fourth Circuit has just reversed a lower court in a decision of interest to anyone representing Internet service providers or those who work at addressing on-line infringements. ALS Scan, Inc. v. RemarQ Communities, Inc., No 00-1351 (4th Cir. February 06, 2001), available at http://www.Loundy.com/CASES/ALS_v_RemarQ.html, involved a company that produces and distributes adult-oriented photographs, and a company that provides the Usenet news service to end users, and provides Usenet news as a private label service to other service providers.
Calling all government attorneys Intellectual Property, February 2001 The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency.
Free Illinois cases Intellectual Property, February 2001 Striving to meet the needs of members, ISBA expanded its free e-mail case law update service to 12,000 members.
From ink to e-sign: a conceptual history of the electronic signature By Aaron W. Brooks Intellectual Property, February 2001 Amidst the Information Age and the electronic commerce revolution, it is a wonderful time to be a lawyer. Much like Thomas Augustus Watson receiving the first telephone communication in 1876, so too, we stand at the precipice of fundamental change.
Illinois appellate court embraces “inevitable disclosure” doctrine in trade secrets case By Steven L. Baron Intellectual Property, February 2001 On December 6, 2000, the Illinois Appellate Court, First District, issued an opinion in the case of Strata Marketing, Inc. v. Murphy, No. 1-99-2749, ___ Ill.App.3d ___, ___ N.E.2d ___ (1st Dist. 2000), in which the court embraced the "inevitable disclosure" doctrine.
Academia at risk: antiquated IP policy By Daniel Kegan Intellectual Property, November 2000 Our schools and colleges face enlarging potholes on the information superhighway because of antiquated intellectual property policies in academia. Many academic institutions have no explicit intellectual property policy; others may have established policies for inventions by faculty and researchers and trademark licensing for major college football teams.
All the rage, and a significant concern By David Loundy Intellectual Property, June 2000 Use of Application Service Providers (ASPs) is a hot topic in computer technology circles, but there are significant concerns that often get overlooked. ASPs are service providers that allow you to remotely access computer software, rather than having to purchase it yourself.
In the balance (TM): pending controversies Intellectual Property, June 2000 Is a consumer's copying music over the Internet lawful, as is copying television programs on videotape, or infringing, as the Recording Industry Association of America asserts in its suit against Napster.
TTAB Protective Order Intellectual Property, June 2000 Parties involved in inter partes proceedings before the Trademark Trial and Appeal Board often enter into agreements intended to safeguard information and documents viewed as confidential, commercially sensitive or trade secret.
When is a dress trade dress? Walmart Stores, Inc. v. Samara Brothers By Steven L. Baron Intellectual Property, June 2000 On March 22, 2000, the United States Supreme Court tackled the thorny question of whether a product's design could be "inherently distinctive" so as to provide protection under trade dress theory.
A brief history of the UDRP By Aaron W. Brooks Intellectual Property, May 2000 Since January 3, 2000, all Internet domain name disputes have been governed by a single dispute resolution policy known as the Uniform Domain Name Dispute Resolution Policy (UDRP).
Career clips: Patricia Felch By Patricia Felch Intellectual Property, May 2000 My route to an intellectual property firm has been like walking up Lombard Street in San Francisco--a 12-year trek up a very steep and spiraling hill.
The first Internet-related case of copyright infringement in PRC By Li Dongtao Intellectual Property, May 2000 This is the first Internet-related case of copyright infringement in People's Republic of China (PRC).
IP news By Daniel Kegan Intellectual Property, May 2000 Work for hire quietly altered. Patricia Felch closely read the new copyright legislation and found two important, quiet changes in Title 17
Practitioner’s guide to provisional patent applications By Emily Miao Intellectual Property, May 2000 Nearly five years ago, GATT-related changes to U.S. patent law led to the creation of the U.S. provisional patent application ("PPA").
Abe— A Better Essay Intellectual Property, March 2000 The Intellectual Property Section of the Illinois State Bar Association has established "A Better Essay" (Abe) Program, under which faculty at Illinois law schools may submit select articles by law students for consideration for publication in the section's newsletter, "Intellectual Property."
Admiralty trademarks By Daniel Kegan Intellectual Property, March 2000 Floating in the mid-Pacific, the record-breaking Academy Award-winning film enlightens the dark deck of the cruise ship.
Federal patent law preempts state law on inventorship By John M. Augustyn Intellectual Property, March 2000 The U.S. Court of Appeals for the Federal Circuit ruled that federal patent law preempts state law standards for determining inventorship.
New IP fees Intellectual Property, March 2000 Some United States patent, trademark, and copyright fees have recently changed.
New law affects patents, copyrights and the Internet By John M. Augustyn Intellectual Property, March 2000 On November 29, 1999, President Clinton signed a bill (H.R. 3194, Pub. L. No. 106-113) containing changes affecting patents, copyrights and the Internet.
A sales offer with product drawings did not establish on-sale validity for method patent By John M. Augustyn Intellectual Property, March 2000 Recently, the U.S. Court of Appeals for the Federal Circuit held that an offer to sell a device (which included drawings of the device but not drawings of the method) did not establish on-sale invalidity because the drawings did not reveal the claimed method.
Intellectual improbabilities By Daniel Kegan Intellectual Property, November 1999 DOJ antitrust guidelines for competitor collaboration. The Justice Department and the Federal Trade Commission October 1, 1999 released and sought comment on proposed guidelines for lawful and illegal collaboration among competitors.
IP Q&A Intellectual Property, November 1999 John Augustyn offers these questions to sharpen our patent analyses. We welcome your suggestions of interesting intellectual property questions--with your suggested answers, for publication in following issues.
Safe IP: derivative infringement By Daniel Kegan Intellectual Property, November 1999 Obtaining a patent, copyright, or trademark is no guarantee that you do not infringe. Your patented invention may be an improvement on an earlier patented invention, and read on the earlier patent's claims
The times, they are a-changin’: time changes in the Trademark Law Treaty Implementation Act of 1998 By Marc E. Fineman Intellectual Property, November 1999 On September 28, 1999, the United States Patent and Trademark Office published a Final Rule implementing the Trademark Law Treaty Implementation Act of 1998 (TLTIA), Pub. L. No. 105-330, 112 Stat. 3064 (15 U.S.C. 1051).
Trademark Law Treaty Implementation Act of 1998: changes to the rules of practice By Joseph T. Nabor Intellectual Property, November 1999 As a result of the enactment of the Trademark Law Treaty Implementation Act of 1988, the Trademark Branch of the PTO has undertaken a rather extensive review of its Rules of Practice.
Challenges to selling products in Europe: The EU metric-only labeling requirement Intellectual Property, September 1999 Article 3 of EU Council Directive 80/181 requires that all products sold in the European Union--whether domestically produced or imported--must have metric-only labeling beginning January 1, 2000.
Jack-o-lantern lawn bags— utility patent protection for decorating a utilitarian product? By Phillip L. Bateman Intellectual Property, June 1999 The patent bar rejoiced when the court of appeals for the Federal Circuit was created in 1982.
Native American tribe insignia under study Intellectual Property, June 1999 Federal law requires the Patent and Trademark Office to study a variety of issues surrounding trademark protection for official insignia of federally and state recognized Native American tribes.
Safe IP: Signing applications By Daniel Kegan Intellectual Property, June 1999 Priority is often paramount in deciding trademark rights and disputes.

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