Section Newsletters

Articles on Intellectual Property

The name game: Preventing trademark infringement against newly formed businesses By A. Jay Goldstein & Christina M. Berish Business Advice and Financial Planning, June 2003 One, two, even 10 years after forming a new business, it is not unheard of for a company to receive a demand to discontinue the use of their name.
International trademark protection: A brand new way in the U.S.A. By Pradip K. Sahu International and Immigration Law, May 2003 On November 2, 2002, President Bush signed into law the legislation that will make the United States a member of the Madrid Protocol for the International Registration of Marks (The Madrid Protocol).
The name game: Preventing trademark infringement against newly formed businesses By A. Jay Goldstein & Christina M. Berish Business and Securities Law, March 2003 One, two, even 10 years after forming a new business, it is not unheard of for a company to receive a demand to discontinue the use of their name.
Constitution.com: U.S. constitutional arguments in ICANN arbitration hearings By Christopher Loweth Intellectual Property, 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birth & death announcements By Daniel Kegan Intellectual Property, October 2002 Copyright death approaches for older unpublished works.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.
ICANN Stockholm fallout By Adria Morris Intellectual Property, 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 Intellectual Property, October 2002 The Official Gazette for Patents stopped paper publication September 25, 2002; electronic publication on CD-ROM began October 1, 2002.
ISBA Intellectual Property contents Intellectual Property, 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 Intellectual Property, 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.
Recent activities before the WTO raise new questions about international protection for intellectual property rights By Doris Estelle Long Intellectual Property, 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.
Intellectual improbabilities™ By Daniel Kegan Intellectual Property, June 2002 Douglas Dorhauer, a student at Louisiana State University school of law maintains the lsulaw.com Web site.
A new cybertool against cybersquatters—and they can only blame it on Rio By Margo Lynn Hablutzel Intellectual Property, June 2002 A bane of trademark owners seeking to stop cybersquatters has been the inability to serve site owners located outside the United States.
Property v. Privacy By David Loundy Intellectual Property, 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).
Second Circuit upholds denial of Random House injunction request By Steven L. Baron Intellectual Property, 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.
Inventor rights: Chou v. The University of Chicago By Robert H. Resis Intellectual Property, 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."
Trademark Trial and Appeals Board issues first dilution decision By John E. Lyhus Intellectual Property, 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 Intellectual Property, April 2002 The Illinois General Assembly has recently witnessed the introduction of the Uniform Computer Information Transfer Act ("UCITA"), 1999 Illinois Senate Bill 1309.
Establishing a presence on the World Wide Web: an Internet primer Intellectual Property, 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.
Intellectual property protection in China By Lu Guoliang International and Immigration Law, January 2002 I am pleased to have this opportunity to introduce some of the efforts made by the Chinese government in improving the investment environment and protecting intellectual property.
Is that boat really intended for this safe harbor? By David Loundy Intellectual Property, 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 Intellectual Property, January 2002 ISBA Advisory Opinions on Professional Conduct are posted and available on ISBA's Web site, <http://www.isba.org/EthicsOpinions/>.
Organic foods and labels Intellectual Property, January 2002 Trademark counsel often review labels and packaging. The federal government has issued new rules defining what constitutes an organic food.
Proposed amendments to copyright transfer and license termination notices Intellectual Property, 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.
Another roadblock on the way to proving trade dress in product configuration: Traffix Devices, Inc. v. Marketing Displays, Inc. By Steven L. Baron & Anne C. Brynn Intellectual Property, December 2001 On March 20, 2001, the United States Supreme Court continued the trend it began last term in Wal-Mart Stores, Inc. v. Samara Bros. Inc., 529 U.S. 205 (2000) toward narrowing the scope of trade dress protection in product configuration.
Bankruptcy treatment of ipso facto clauses in intellectual property licenses By Beverly A. Berneman Intellectual Property, December 2001 Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.
Copyright Office e-mail newsletter, NewsNet, available Intellectual Property, December 2001 To subscribe to the Copyright Office's e-mail newsletter, fill in the Web form <http://www.loc.gov/copyright/ newsnet/subchange.html"> or send an e-mail message to <LISTSERV@loc.gov> and in the body of the message say: Subscribe USCopyright
Free ISBA case service Intellectual Property, December 2001 Striving to meet the needs of members, ISBA expanded its free e-mail case law update service to 12,000 members.
When is “notice” really notice? Service provider liability under the DMCA By David Loundy Intellectual Property, December 2001 The U.S. District Court of Appeals for the Fourth Circuit has just reversed a lower court in a decision of interest to anyone representing Internet service providers or those who work at addressing on-line infringements. ALS Scan, Inc. v. RemarQ Communities, Inc., No 00-1351 (4th Cir. February 06, 2001), available at http://www.Loundy.com/CASES/ALS_v_RemarQ.html, involved a company that produces and distributes adult-oriented photographs, and a company that provides the Usenet news service to end users, and provides Usenet news as a private label service to other service providers.
Calling all government attorneys Intellectual Property, February 2001 The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency.
Free Illinois cases Intellectual Property, February 2001 Striving to meet the needs of members, ISBA expanded its free e-mail case law update service to 12,000 members.

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