Intellectual Property

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

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2025 Articles

AI in the Small Law Firm—The Need for a Formal Written Policy By Edward J. Jarot, Jr. & William D. Lohrman September 2025 For all the power that AI offers, small firms are strongly encouraged to develop and refine an express and comprehensive policy for the use of chatbots, generative AI, and the other AI tools. 
Become an Illinois Bar Foundation Champion By Jessica R. Durkin December 2025 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?
CAR v. PTO Hijacking By Daniel Kegan September 2025 Learn more about the new authorization process for the new trademark Correspondence and Attorney Representation (CAR) form. 
Deepfakes in the Courtroom: Problems and Solutions By George Bellas March 2025 “Deepfakes” are altered or completely fabricated AI-generated images, audio, or video, that are also extremely realistic, making them difficult to discern from reality. In a sense, they’re AI’s version of photoshopping. Lawyers need to educate themselves and their firms on what deepfakes are and how to spot them, develop a healthy skepticism of content they encounter, and question its source. Take nothing at face value, and closely scrutinize details of that content to look for anything inconsistent with reality, such as people with more or less than five fingers.
E-Tailer Beware: The Seventh Circuit Clarifies the Framework for Enforceability of Digital E-Commerce Agreements By Daniel H. Shulman & Krishna Akarapu June 2025 The Seventh Circuit engages in an in-depth analysis of online agreements, providing specific guidelines for what makes an online agreement enforceable.
E-Tailer Beware: The Seventh Circuit Clarifies the Framework for Enforceability of Digital E-Commerce Agreements By Daniel H. Shulman & Krishna Akarapu March 2025 The Seventh Circuit engages in an in-depth analysis of online agreements, providing specific guidelines for what makes an online agreement enforceable.
Enforceability of Non-Compete Agreements in Illinois By Ariana Thao & Lawrence Stark December 2025 Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).
Great 8’s and Numeric Trademark Debates By Michael J. Weil June 2025 On April 22, 2024, legendary NASCAR driver Dale Earnhardt Jr. filed a trademark consisting of “a stylized number 8” (“EIGHT”) to be used on clothing, toys, and entertainment services pertaining to auto racing. Fast-forward to April 2, 2025, when another prominent sports figure associated with the number 8—two-time NFL Most Valuable Player Lamar Jackson—filed an opposition at the USPTO, attempting to block registration of Earnhardt’s EIGHT mark. Specifically, Jackson contended that his previously filed ERA 8 and ERA 8 BY LAMAR JACKSON word marks and ERA 8 BY LAMAR JACKSON design mark precluded registration of Earnhardt’s EIGHT mark.
Inherent Federal Court Sanctioning Authority By Jeffrey A. Parness March 2025 In Keyes Law Firm, LLC v. Napoli, (4th Cir. 2024), the court provided primers on the inherent sanctioning authority of federal courts for civil litigation misconduct and on the guidelines for determining related attorney fee awards. In doing so, it recognized that some problematic state court conduct could prompt federal court sanctions and that the fee award norms for such conduct should differ from those employed in many fee-shifting statutes.
Intellectual Improbabilities™ By Daniel Kegan December 2025 An overview of recent developments in intellectual property law, including Delaware trade names change, streamlined claim PTO pilot, Amazon Patent Evaluation Express, Aubrey Drake Graham's lawsuit against Kendrick Lamar dismissed, additional fees for trademark applications in Russia, and more. 
Intellectual Improbabilities™ By Daniel Kegan September 2025 A quick look at recent developments in intellectual property law, including the Cracker Barrel controversy, updates to the Patent Assignment Search and Assignments on the Web, band members' lawsuit after an onstage fight, patent examination fees in Egypt, and more. 
Intellectual Improbabilities™ By Daniel Kegan June 2025 Updates on trademarks, copyrights, patents, and much more.
Intellectual Improbabilities™ By Daniel Kegan March 2025 Updates on trademarks, copyrights, patents, and much more.
ISBA 2025 Solo and Small Firm Conference Photos December 2025 The Illinois State Bar Association hosted the 2025 Solo and Small Firm Conference: The Innovative Lawyer: Smart Strategies for Small Firms in the Age of AI on September 25–26 at the Embassy Suites in Naperville, IL.
LAWPAC Needs You! March 2025 The Illinois Lawyers’ Political Action Committee (LAWPAC) needs your help to fulfill its mission to support the legislative goals of the ISBA and Illinois’ legal community.
Library of Congress Reaches Major Milestone in Bringing Collections to Users September 2025 The Library of Congress has publicly launched the next phase of its generational effort to replace legacy systems and revolutionize core functions—including cataloging, acquisition and collections access.
More Copyright Kryptonite for Superman, and Another Famous Character’s IP Rights in the News By Margo Lynn Hablutzel, J.D., LLM, CISSP March 2025 In his world, Superman is often in the news for stopping wars, preventing buildings from falling on people, and taking ill children on world tours. In our world, except for movie box office receipts, the main time Superman is in the news is when copyright and trademark issues arise. So it was earlier this year, when outlets reported on a lawsuit filed in the Southern District of New York by the executor of the estate of Joseph Shuster, one of the creators of the Man of Steel. The lawsuit claimed that DC Comics, DC Entertainment, and others were violating the estate’s foreign copyrights in the character.
Multi-Factor Authentication is No Longer Optional for Legal Professionals By Brandon P. Woudenberg June 2025 This article emphasizes that multi-factor authentication (MFA) is essential for legal professionals, not just a 'best practice.' It highlights the increasing cyber threats in the legal industry and the need for attorneys to protect clients' data. It offers simple MFA options and discusses the risks of not using this security feature. Ultimately, the minor inconvenience of setting up MFA is worthwhile for the protection it provides against data breaches, reputational damage, malpractice claims, and disciplinary issues.
Nationwide Injunctions: A Substantive View Considering Recent Headline Buzz Words By David C. Brezina September 2025 A look into nationwide and universal injunctions in light of Trump v. CASA and Republic v. BBK. 
Protecting Nature’s Secrets: How IP Fights Biopiracy By Amer Alnasser June 2025 Companies often look to nature for inspiration, whether it’s plants with healing powers or unique microorganisms. However, when they use these resources without fair compensation to the communities that have preserved them for centuries, it’s called biopiracy. This practice not only exploits indigenous knowledge but also threatens biodiversity.
PTO Alternative Filing By Daniel Kegan March 2025 This article contains previews of forms from the Trademark Electronic Application System (TEAS).
Public Domain Day 2025 Report By Margo Lynn Hablutzel, J.D., LLM, CISSP March 2025 Public Domain Day began as an informal observance in 2004 and since has become formal recognition of works falling into the public domain due to age. The rule of Public Domain Day is simple: works more than 95 years old (100 years for sound recordings) fall into the public domain and are no longer protectible by copyright.
Queen Anne’s Revenge: Government Copyright Creators and Government Copiers By David C. Brezina March 2025 This article comments only on the availability and publication of government-conducted, contracted, or funded information. Premises predating the writing of the Constitution favor public access to information—consistent with the availability of science to enable better science, as opposed to royal suppression long predating the U.S. Constitution.
Responding To Work-From-Home Accommodation Requests in a Post-Covid Environment By Josh Heidelman December 2025 In the wake of the pandemic, it may be more difficult for employers to argue remote work is not a reasonable accommodation. Learn more about developing case law on the topic and steps employers can take to strengthen their positions in court. 
Rural Illinois Data Center Boom: Landowners, Are You Ready? By Ruth Robinson June 2025 Tech companies, including Meta, are pressing into unexpected parts of the country, on the hunt for huge swaths of flat land that have access to natural gas and transmission lines. Sleepy parts of Illinois, with large tracts of farmland that have nearby infrastructure to support the huge electricity demand that data centers require, are being shopped right now. The boom is on.
SoundExchange Dealt a Blow To Enforcing Delinquent Royalties By Anthony J. Wenn & Beverly A. Berneman December 2025 The Southern District of New York case, SoundExchange v. Sirius XM Radio Inc., has profound implications, including weakening SoundExchange's legal leverage, creating uncertainty about mechanisms to recover underpaid royalties, and future potential legislative action. 
Super Smart Cameras and Copyright, What, Me Worry? Or Should You? By Daniel Kegan September 2025 A summary of technology's impact on copyright law and 7 practical suggestions that you should consider before you file your next copyright. 
Voila! The Pop-Up Timer for Turkeys Saved the Day By Adam Sussman December 2025 You can thank Eugene Beals for the meat thermometer you used this Thanksgiving to ensure your turkey is cooked to perfection.