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

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Newsletter Articles From 2009

Caution for copyright owners before filing suit for infringement By Jeremy M. Roe September 2009 Generally, 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.  
The consequences of committing fraud in trademark filings By Richard B. Biagi and Jeremy M. Roe 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.
Copyright Office fees set to change on August 1, 2009 May 2009 The Copyright Office has submitted to Congress a proposed new fee schedule that will go into effect on August 1 unless Congress rejects the schedule.
Dangerous delusions: Do it yourself, or don’t By Daniel Kegan November 2009 Many once-arcane intellectual property (IP) procedures are now accessible to lay businesspersons and citizens. 
Food fights in the Chicago trademark arena By Margo Lynn Hablutzel September 2009 Some 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?  
Fraud on the Trademark Office in the U.S. and Canada By Sanjiv D. Sarwate May 2009 Those 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.
Has the 7th Circuit lowered the standard for joint authorship? By Aaron White September 2009 The issue of joint authorship is one of the more hotly contested issues in copyright law.
“Hope,” charity, and copyright—Fair use or derivative work? By Margo Lynn Hablutzel 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 September 2009 Recent updates in Intellectual Property law.
Intellectual Improbabilities By Daniel Kegan May 2009 Updates in Intellectual Property law.
Judicially imposed limitations on “business method” patents By Steven Behnken 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.
Justify that tax-deductible iPod, let your ears learn September 2009 The 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 changes September 2009 New FedRCivP become effective 1 December 2009, unless Congress acts to the contrary.  
May 22, 2009 Deadline for Comment on Proposed NDIL Patent Rules May 2009 The judges of the Northern District of Illinois have issued for public comment proposed local rules to guide the pretrial procedures in patent cases. The public comment period will run for sixty days until Friday, May 22, 2009. Following the public comment period, the judges will consider the proposed new local patent rules in light of the comments received.
MINNESOTA NICE: Lessons from the poker table By Robert Kegan November 2009 I had an extremely enjoyable and interesting experience at a poker table recently. I happened to be on the road on my birthday this year, and I gave myself the present of spending the day at the Canterbury Card Club, the Minnesota poker room, about 40 minutes south of the Twin Cities.
Obamas for sale: How much is too much? By Steven L. Baron and Lindsay H. LaVine 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.  
Three tips to protect a trademark By Shannon A.R. Bond September 2009 Colgate-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.