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Intellectual Property
The newsletter of the ISBA’s Section on Intellectual Property Law

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Newsletter Articles From 2002 U.S. constitutional arguments in ICANN arbitration hearings By Christopher Loweth 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Copyright birth & death announcements By Daniel Kegan October 2002 Copyright death approaches for older unpublished works.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.
Establishing a presence on the World Wide Web: an Internet primer 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.
ICANN Stockholm fallout By Adria Morris 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 October 2002 The Official Gazette for Patents stopped paper publication September 25, 2002; electronic publication on CD-ROM began October 1, 2002.
Intellectual improbabilities™ By Daniel Kegan June 2002 Douglas Dorhauer, a student at Louisiana State University school of law maintains the Web site.
Inventor rights: Chou v. The University of Chicago By Robert H. Resis 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."
Is that boat really intended for this safe harbor? By David Loundy January 2002 One of the few parts of the "Communications Decency Act" (47 U.S.C. §230) left standing after the Supreme Court invalidated the statute's motivating provisions (see Reno v. ACLU, 117 S.Ct. 2329, 2334 (1997).)
ISBA advisory ethics opinions on Web January 2002 ISBA Advisory Opinions on Professional Conduct are posted and available on ISBA's Web site, <>.
ISBA Intellectual Property contents 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 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.
A new cybertool against cybersquatters—and they can only blame it on Rio By Margo Lynn Hablutzel June 2002 A bane of trademark owners seeking to stop cybersquatters has been the inability to serve site owners located outside the United States.
Organic foods and labels January 2002 Trademark counsel often review labels and packaging. The federal government has issued new rules defining what constitutes an organic food.
Property v. Privacy By David Loundy 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).
Proposed amendments to copyright transfer and license termination notices January 2002 The Copyright Office had proposed amendments (66 FR 22139) to its regulation governing notices of termination of transfers and licenses covering the extended renewal term.
Recent activities before the WTO raise new questions about international protection for intellectual property rights By Doris Estelle Long 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.
Second Circuit upholds denial of Random House injunction request By Steven L. Baron 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.
Trademark Trial and Appeals Board issues first dilution decision By John E. Lyhus 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 April 2002 The Illinois General Assembly has recently witnessed the introduction of the Uniform Computer Information Transfer Act ("UCITA"), 1999 Illinois Senate Bill 1309.