The value of strategic counselBy Barbara B. BresslerIntellectual Property, October 2010Laypeople do not understand the nuances of trademark law, and the U.S. Patent and Trademark Office Web site does not do those people a service by making it appear easy to do it themselves.
Google Books: The future is now?By Dale R. KurthIntellectual Property, June 2010The case of The Author’s Guild, et al. v. Google, Inc. will go a very long way in deciding how society as a whole makes its tentative way down the path of an increasingly technological terrain.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, June 2010Recent developments in intellectual property law.
NDIL adopts Local Patent RulesIntellectual Property, March 2010The Local Patent Rules apply to all cases filed in or transferred to the district after October 1, 2009 involving a claim of utility patent infringement, non-infringement, invalidity, or unenforceability.
No just desserts for jus tertii defense in IllinoisBy Steven L. Baron & Rebecca A. EdwardsIntellectual Property, March 2010A review of the landmark case of The Jim Mullen Charitable Foundation v. World Ability Federation, in which a jus tertii defense used in a trademark infringement case is rejected for the first time in Illinois.
Dangerous delusions: Do it yourself, or don’tBy Daniel KeganIntellectual Property, November 2009Many once-arcane intellectual property (IP) procedures are now accessible to lay businesspersons and citizens.
Caution for copyright owners before filing suit for infringementBy Jeremy M. RoeIntellectual Property, September 2009Generally, the owner of a U.S. copyright registration may enforce its rights by bringing an infringement action against an infringer. However, one court’s recent ruling may caution copyright owners from moving forward.
Food fights in the Chicago trademark arenaBy Margo Lynn HablutzelIntellectual Property, September 2009Some foods inspire legions of fans, some of whom will go to great lengths to obtain their particular delicacy. Who can forget the episode of “M*A*S*H” where Hawkeye Pierce places a takeout order with Adam’s Ribs in Chicago and then arranges to have them delivered to the 4077?
Intellectual improbabilitiesBy Daniel KeganIntellectual Property, September 2009Recent updates in Intellectual Property law.
Justify that tax-deductible iPod, let your ears learnIntellectual Property, September 2009The Intellectual Property Colloquium is a free online audio CLE program devoted to IP topics. Aimed primarily at a legal audience, the program consists of edited conversations with high-profile guests drawn from academia, the judiciary, and the various technology industries.
Law changesIntellectual Property, September 2009New FedRCivP become effective 1 December 2009, unless Congress acts to the contrary.
Three tips to protect a trademarkBy Shannon A.R. BondIntellectual Property, September 2009Colgate-Palmolive Co. is the well-known owner of multiple Colgate Total trademarks for oral-care products. To protect its trademark rights, on July 31, 2009, Colgate filed two separate lawsuits against Johnson & Johnson and Chattem, Inc., demanding the companies withdraw trademark applications for Johnson & Johnson’s Listerine Total Care mouthwash and Chattem’s Act Total Care mouthwash and stop using the Total name.
Best practices for enforcing United States trademark rightsBy Clark Lackert & Courtland ReichmanCorporate Law Departments, July 2009When it comes to enforcing their rights in the United States, mark owners can choose between a vast array of tools, including arbitration, litigation and anticounterfeiting actions.
The basics of trademarks and trade secretsBy Eugene F. FriedmanBusiness Advice and Financial Planning, June 2009Summaries of basic Trademark and Trade Secret concepts for the general practitioner.
Caution for copyright owners before filing suit for infringementBy Jeremy M. RoeFederal Civil Practice, June 2009Generally, the owner of a U.S. copyright registration may enforce its rights by bringing an infringement action against a would-be infringer. However, one court’s recent ruling may send caution to copyright owners moving forward.
Copyright Office fees set to change on August 1, 2009Intellectual Property, May 2009The Copyright Office has submitted to Congress a proposed new fee schedule that will go into effect on August 1 unless Congress rejects the schedule.
Fraud on the Trademark Office in the U.S. and CanadaBy Sanjiv D. SarwateIntellectual Property, May 2009Those U.S. lawyers who are ready to pack their bags to escape Medinol and its works may wish to remain, at least until the Federal Circuit weighs in later this year.
Generating revenue streams in tough times (or at any time): Putting your intellectual property assets to workBy John AmbrogiCorporate Law Departments, May 2009In difficult economic times like these, many business executives and owners have their minds on the bottom line—streamlining processes, reducing overhead and trimming “fat” to maximize profitability. It is a highly useful effort, but some executives can get “tunnel vision” and overlook opportunities to create revenue streams. One of the most overlooked areas is a company’s intellectual property assets.
“Hope,” charity, and copyright—Fair use or derivative work?By Margo Lynn HablutzelIntellectual Property, May 2009While 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.
Judicially imposed limitations on “business method” patentsBy Steven BehnkenIntellectual Property, May 2009The 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.