Intellectual Property

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

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2026 Articles

2025 Joint Midyear Meeting Photos March 2026 The Illinois State Bar Association and the Illinois Judges Association proudly co-hosted the 2025 Joint Midyear Meeting on December 11–12 at the JW Marriott Chicago, bringing members of the legal community together for two days of connection and collaboration.
2026 Annual Meeting Photos September 2026 ISBA members and guests gathered at the Ritz-Carlton in St. Louis on June 11–12, 2026, for the Annual Meeting, which featured outstanding CLE programming, networking, and business meetings. Thank you to everyone who attended and helped make the Annual Meeting a success!
Addressing the “Ghost” in the Machine: Speculative Ticketing and the Evolution of Illinois Consumer Protection Law By Jennifer L. Gordon June 2026 The secondary ticket market is undergoing a period of intense regulatory scrutiny as Illinois lawmakers grapple with "speculative ticketing"—colloquially known as "ghost ticketing." This practice involves resellers listing tickets for sale that they do not currently possess, effectively "shorting" the ticket market. While federal oversight exists, a significant regulatory gap has emerged, prompting the Illinois General Assembly to pursue state-specific legislative remedies in 2026.
AI Cloud Apologizes, After Caught in Nonsense September 2026 PatentLawyer995 tried to file a U.S. patent application, using DOCS as client insisted, and received a warning message about antecedent basis problems with the claims. PatentLawyer995 could find no problems. Considering the PTO might use AI to check claims, he asked Claude what is wrong with this sample claim and the full exchange was captured for review. 
The Board of Peace Makes Its Mark, but It May Be Heading for Conflict in the USPTO By Steven L. Baron March 2026 On February 19, 2026, President Trump’s newly created Board of Peace (“BOP”) held its inaugural gathering to discuss how to rebuild Gaza. Setting aside the propriety and potential efficacy of the BOP, there are now four pending intent-to-use trademark applications filed in the United States Patent and Trademark Office (“USPTO”) for BOARD OF PEACE trademarks, two filed by the government and two filed by a non-profit.
Copy Editing Is Not a Remedy Available in Court By David C. Brezina September 2026 The Court of Appeals for the Federal Circuit addressed a claim for a positive injunction essentially requiring copy editing. Specifically, US Inventor, Inc. v. Squires sought to order the Commissioner of Patents and Trademarks to more completely qualify the statement published on issued patents that the patent “grants to the person(s) having title to this patent the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States of America or importing the invention into the United States of America . . . .”
FOIA Amended to Address Cybersecurity Threats By Jenifer L. Johnson June 2026 Illinois Public Act 104-0438, effective 1/1/26, makes numerous changes to the Open Meetings Act and the Freedom of Information Act (FOIA), including a change driven by cybersecurity concerns. 
Geographical Indication Protection to Muñeca Lele of Santiago de Mexquititlán By Daniel Kegan March 2026 The USPTO protects Geographical Indications primarily through certification marks or collective marks, it has no separate GI Register. The Mexican IP Institute recently declared the traditional Otomi textile Muñeca Lele de Santiago de Mexquititlán (“Lele Doll”) a protected Geographical Indication. The Lele Doll is characterized by a round head (sometimes called a ball doll), two braided pigtails, ribbon adornments, and colorful textile clothing.
Hyman’s Holdings: Gnats, Camels, and Litigators By Justice Michael B. Hyman March 2026 In his column, Hyman's Holdings, featured in the Civil Practice & Procedure Newsletter, Justice Hyman explores various topics related to the legal profession. 
Intellectual Improbabilities™ By Daniel Kegan September 2026 A compilation of updates regarding trademarks, copyrights, patents, IP, the PTO, and foreign actions. Learn more about the TTAB Manual, AI evidence strength, PACER Pass, PTO Patent Bar evololution, the EU's Digital Services Act, and more. 
Intellectual Improbabilities™ By Daniel Kegan June 2026 A compilation of recent events in all matters related to intellectual property, including PTO Trademark Center makeover appearance; CO inflation; AI pilot fee waived; advantages of utilizing USPS for shipping; sequestered scientific evidence guide; Argentina fee inflation; and more. 
Intellectual Improbabilities™ By Daniel Kegan March 2026 A round-up of recent events in the world of intellectual property, including NIL for minors, TRAIN Act, PH Highway, AI sanctions, and more. 
Lawyers Must Build Technical Competence Before Claiming AI Competence By George Bellas March 2026 Artificial intelligence is becoming an inevitable component of practicing law, but before implementing AI into your practice, ensure you have the correct technological competency to satisfy your ethical obligations. 
Limited Choice Streaming By Daniel Kegan September 2026 There is currently no single streaming license that grants permission to a group quarters residence to show all movies that may be available to an individual to show in their private home. Knowing this may restrict some of the movies a group community may decide to show. Compliance with the streaming rights provided, and withheld, can also keep the community and key individuals lawful.
Member Appreciation & Recognition Reception Highlights June 2026 On May 14, 2026, ISBA members and colleagues gathered at the beautiful Morton Arboretum in Lisle to celebrate the 2025–26 ISBA Award Recipients, connect with fellow legal professionals, and enjoy an evening of meaningful conversation and camaraderie.
Recent Trademark Registration Solicitation Schemes By David C. Brezina March 2026 It may be the new year, or it may be new scams, but several have come out from law firms that make one wonder about ethics. Trademark records are public. If a law firm discovers an unregistered business name and can turn the filing into its business, it can bill. It might bring in a “good” client with multiple marks, or other work. But neither the “existing” client’s intent, nor that they will truthfully file is apparent. Indeed, both are logically contradicted.
Schedule A: Where Convenience & Civil Procedure Clash By Christopher Keleher March 2026 A Schedule A tactic to herd alleged infringers into a single action is testing the limits of civil procedure rules, prompting pushback from the U.S. District Court for the Northern District of Illinois.
The Second Circuit Builds a Wall Around China, Something Courts in the Seventh Circuit Should Avoid By Jonathan L.A. Phillips June 2026 Schedule A patent and trademark litigation has become one of the most significant, and most contentious, areas of intellectual property practice. Serving foreign defendants is not a new problem. For years, courts addressed it with a practical solution: authorize electronic service through the very platforms the defendants use. Then came Smart Study...
Seventh Circuit Reverses “Pizza Puff” Injunction By Steven L. Baron & Griffin Topel June 2026 In January 2026, in Illinois Tamale Co., Inc. v. LC Trademarks, Inc. and Little Caesar Enterprises, Inc., the Seventh Circuit reversed a preliminary injunction against Little Caesars on the term “Pizza Puff” and affirmed the denial of injunctive relief for “Crazy Puffs” and “Puff.” The case is a useful reminder of the standards for genericness and descriptive fair use in trademark law.
Social Media Use and Abuse By David C. Brezina September 2026 A few lessons can be learned from the recent 7th Circuit case, Wenzler v. United States Coast Guard: Do not put any one of (1) government organization membership; (2) government organization officer position; or (3) wearing a uniform on a social media profile or page on which you want to post critical opinions. Certainly not all three. 
Unclaimed Property June 2026 February 1 was National Unclaimed Property Day. Unclaimed property includes forgotten or overlooked bank accounts; certificates of deposit; stocks and bonds; overpayments, refunds, and uncashed rebate checks; unpaid insurance claims; and the contents of abandoned safe deposit boxes. 
Vivek Shah’s Vexatious Litigation By Margo Lynn Hablutzel, J.D. September 2026 For the last few years, companies all over the United States have received a letter from a man named Vivek Shah, demanding payment for alleged violations of California’s Invasion of Privacy Act. Finally, in July, Judge R. Gary Klausner, with the U.S. District Court for the Central District of California, granted a motion declaring Vivek Shah to be a Vexatious Litigant. While the order is limited to one district, other recipients of communications from Shah are cheered by their ability to use it, along with his history of letters and litigation, to ask the same relief of other courts.
Where the Workplace Ends: The Illinois Right to Privacy in the Workplace Act By Mara Baltabols & Sarah Milcarek June 2026 Illinois employees can expect a certain level of privacy in the workplace as to their personal content and interactions on the internet, as long as the employee does not cross the line between work and play. While employees have the right to their own autonomy, personal beliefs, and to engage in the use of lawful products, employers also have the right to maintain a safe workplace that properly reflects their business’s mission, values, and confidential information.