Section Newsletters

Articles on Intellectual Property

Musicians’ message to politicians: “Hold On”—Artists fear unauthorized use of songs on campaign trail equals endorsement By Steven L. Baron & Lindsay H. LaVine Intellectual Property, May 2008 “Hold On, I’m Comin.’” “More Than a Feeling.” “Soul Man.” What do these songs have in common, other than upbeat tempos and catchy lyrics? Their songwriters have objected to presidential candidates’ use of their copyrighted material.
“One day you’re in…..” – Louis Vuitton’s recent trademark cases By Margo Lynn Hablutzel Intellectual Property, May 2008 On the Bravo Channel’s Project Runway reality show, host Heidi Klum warns designers “in fashion, one day you’re in, the next day, you’re out.” Louis Vuitton, a division of LVMH Moet Hennessy Louis Vuitton SA, recently learned the same can be said in trademark courts, as it won a case and lost a case within a week of each other.
TrAid names aids trademark creation By Daniel Kegan Intellectual Property, May 2008 Good trademark selection avoids litigation and builds brand equity.
Upcoming CLE regarding intellectual property and international law issues in representing a globally expanding company By Pradip K. Sahu International and Immigration Law, May 2008 On June 12, 2008, the International and Immigration Law Section will present an all day CLE program regarding intellectual property and international law issues in representing a globally expanding company.
Primer on copyright law By Peter LaSorsa Federal Civil Practice, March 2008 Sophisticated digital equipment like handheld scanners, cellular telephones with built in cameras, and the easy accessibility of protected works via the Internet, are making the task of copying another’s work relatively easy, cheap and unsophisticated.
Intellectual property fundamentals for corporate employees By Peter S. Trotter Corporate Law Departments, February 2008 Intellectual property law is the law which governs and protects things that we create with our minds.
Intellectual property protection at a glance By Alan R. Singleton Business and Securities Law, February 2008 Compare the different forms of intellectual property protection from this handy reference chart.
Business entity selection at a glance By Alan R. Singleton Intellectual Property, January 2008 A table to assist with your business entity selection questions.
Drawing a line between art and copyright By Margo Lynn Hablutzel Intellectual Property, January 2008 Art can also be the center of intellectual property controversies, as recent charges of copyright infringement have shown.
Intellectual property protection at a glance By Alan R. Singleton Intellectual Property, January 2008 A table to assist in identifying IP property protection.
Protecting trade secrets in cyberspace By Anne C. Keays & Mitchell S. Chaban Intellectual Property, January 2008 This article will review the facts and findings in QSRSoft, Inc. v. Restaurant Technology Inc., a recent Northern District of Illinois opinion, and examine the court’s reasoning as guidance on measures to take in protection of trade secrets for Internet based systems.
Highlights from the U.S. Antitrust Agencies’ Report on Intellectual Property: How agency policy statements can be helpful to practitioners By Jennifer M. Dixton December 2007 This past Spring, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued a joint report concerning antitrust enforcement and intellectual property rights.
Securing and collecting intellectual property collateral By Daniel Kegan Commercial Banking, Collections, and Bankruptcy, December 2007 Intellectual property has become a salient, yet confusing, asset in national and global business and financing.
Securing and collecting intellectual property collateral By Daniel Kegan Intellectual Property, December 2007 Intellectual property has become a salient, yet confusing, asset in national and global business and financing.
Brand Extension—Popular and perilous: American Red Cross expansion invokes Laches By Daniel Kegan Intellectual Property, September 2007 In the past three decades, one analyst concludes “intellectual property and intangible assets have become the dominant assets of major corporations.”
“Pull My Finger Fred” gets his day in court By Steven L. Baron & Lindsay H. LaVine Intellectual Property, September 2007 For years to come, Illinois courts will cite the JCW Investments case (or the “farting doll” case, as it is affectionately known) for the proposition that federal law does not preempt state law in the realm of punitive damages. Who would have thought that Pull My Finger Fred would be such a pioneer?
What every lawyer should know about intellectual property: The Basics of Copyright Law; The Basics of Patent Law; Ethical Issues in Intellectual Property Law* By Eugene F. Friedman Intellectual Property, June 2007 The basics of copyright law.
Keeping company secrets secure: Where does the Economic Espionage Act stand after its first 10 years? By Andrew Pavlinski International and Immigration Law, May 2007 Intellectual property theft costs U.S. industry more than $260 billion each year, although there is no precise way of measuring the actual loss.
Intellectual property law for the general practice attorney By Preston H. Smirman & David A. Burns Labor and Employment Law, March 2007 While the topic of IP law may seem intimidating, the intended purpose of this article is to “demystify” this area of the law. 
Pulling the Plug on “The Electric (Slide)” By Margo Lynn Hablutzel Intellectual Property, March 2007 Thousands of guests at weddings, bas mitzvah, Sweet Sixteen parties, company holiday gatherings, and other events have been cajoled into joining a line dance called “The Electric Slide” over the last thirty years.
World Intellectual Property Organization proposes new Initiative regarding trademarks for drug names By Alpana P. Sahu, K. & Pradip K. Sahu International and Immigration Law, March 2007 From November 13th to the 17th, 2006, the World Intellectual Property Organization’s Standing Committee on Trademarks, Industrial Designs and Geographical Indications (the “Standing Committee) met in Geneva, Switzerland to discuss numerous issues relating to trademark law and practice.
Questions and complexities in disclosure By Daniel Kegan Intellectual Property, January 2007 A list of items to consider regarding disclosure.
Select Illinois case law on non-disclosure agreements and trade secrets By Steven L. Baron & Kristin L. Lingren Intellectual Property, January 2007 The following is a compilation of significant and/or factually interesting cases addressing issues that directly or indirectly affect the enforceability of nondisclosure agreements in Illinois.
What’s in a name? By Margo Lynn Hablutzel Intellectual Property, January 2007 Recent activity in the UK and USA have highlighted a celebrity’s use of name or nickname as a trademark.
Probate trademarks: death, reincarnation, and survival of intellectual property rights By Daniel Kegan Intellectual Property, October 2006 It was a dark and stormy night when the dame appeared in the doorway of Mark Trade,™ intellectual property investigator.
Protecting ‘Works of the Human Spirit’ worldwide By Caitlyn McEvoy International and Immigration Law, August 2006 The World Intellectual Property Organization (WIPO) is one of the many agencies of the United Nations headquartered in Geneva, Switzerland. Its main objective is to protect and promote the use of intellectual property, deemed as “works of the human spirit.”
Buying back your own trademark: The reality of cybersquatting By Christopher J. Schafer Corporate Law Departments, July 2006 Once seen as “entrepreneurs” in the early days of internet, cybersquatters now violate government regulations.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, June 2006 Data Gone. Jacob Citrin, accused of wiping out all the data on the computer he used at work before he announced his resignation faces a lawsuit by his former employer, a group of affiliated real estate companies, under the Computer Fraud and Abuse Act., 18 USC 1030.
Is/Isn’t Trademark Infringement—Internet search engine keyword advertising By Eric Goldman Intellectual Property, June 2006 In late March, the legality of the search engine keyword advertising industry got very murky due to two inconsistent rulings within the span of 10 days.
Common mistakes by trademark owners in Mexico, and how to avoid them By Jaime Castillo Intellectual Property, March 2006 Ed Note. The world is reportedly shrinking, NAFTA may be furthering commerce in this hemisphere, exports are an important segment of the Illinois economy, and the Hispanic consumer market is growing. Jaime Castillo summarizes some common mistakes made by US trademark owners in Mexico, and even answers how to avoid them.

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