Section Newsletters

Articles From Margo Lynn Hablutzel

AI Information for In-House Counsel By Margo Lynn Hablutzel Corporate Law Departments, May 2024 An overview of the three CLE programs on artificial intelligence sponsored by the Corporate Law Departments Section.
Business Audits, Data Privacy, and Other CLE Topics for In-House Counsel By Margo Lynn Hablutzel Corporate Law Departments, November 2023 The Corporate Law Departments Section Council would like your input for continued legal education topics.
U.S. Trademark Office Halves Response Times By Margo Lynn Hablutzel Intellectual Property, December 2022 Effective Dec. 3, 2022, the current standard six months due date to respond to a trademark office action is halved to three; for post-registration matters the cleavage is effective Oct. 7, 2023. A three-month extensions to the initial three-month due date may be available for $125. <www.federalregister.gov/d/2022-22217>
Tips for the Corporate Law Department from the ISBA CLE: Data Protection and Security Practices for Lawyers and Their Firms By Margo Lynn Hablutzel Corporate Law Departments, September 2022 A summary of a recent Corporate Law Departments Section Council CLE program.
The Status of Interactions With Rospatent By Margo Lynn Hablutzel, J.D. Intellectual Property, June 2022 Russia invaded Ukraine. The United States, the EU, and other nations sanctioned Russia. On March 22, 2022, the USPTO terminated engagement with Rospatent, Belarus IP Office, and the Eurasian Patent Organization. 
Copyright Derivative Works and Section 203: A Tale of Two Phanatics By Margo Lynn Hablutzel Intellectual Property, March 2022 Is a baseball mascot merely a costume, a work of art, or something else?  If the artist wants to reclaim the copyright, can the team use a derivative version of the original design after the termination of its license in the original, and how does when the new mascot was created interact with the Copyright Act’s termination provision?
Sharing the Wealth: Student-Athletes After NCAA v. Alston By Margo Lynn Hablutzel Intellectual Property, December 2021 For decades, the National Collegiate Athletic Association (NCAA) had a simple rule: Student-athletes could not benefit financially from their skills on the playing field. Beginning with the “Sanity Code” in 1948 and continuing with some evolutions to 2021, the NCAA sought to limit the schools’ ability to offer financial incentives to preferred students. On June 21, the U.S. Supreme Court issued its unanimous decision in NCAA v. Alston, upholding injunctions based upon antitrust law which lifted limitations on certain payments by schools and conferences. 
Copyright Trolls in the Construction Business By Margo Lynn Hablutzel Commercial Banking, Collections, and Bankruptcy, June 2021 There are two main lessons to take from this article. First, copyright trolls will thrive as long as their targets are unfamiliar with decisions such as Lexington Homes and Signature Construction, and decide it is easier to pay a fee to avoid litigation. Second, in an industry where design elements are limited and certain combinations are expected, copyright infringement requires direct and unquestionable copying for liability. Merely echoing certain elements is insufficient to sustain a claim.
Copyright Trolls in the Construction Business By Margo Lynn Hablutzel Intellectual Property, May 2021 There are two main lessons to take from this article. First, copyright trolls will thrive as long as their targets are unfamiliar with decisions such as Lexington Homes and Signature Construction, and decide it is easier to pay a fee to avoid litigation. Second, in an industry where design elements are limited and certain combinations are expected, copyright infringement requires direct and unquestionable copying for liability. Merely echoing certain elements is insufficient to sustain a claim.
Pirate Joe sails away By Margo Lynn Hablutzel Intellectual Property, November 2017 Pirate Joe’s buys lots of goods at retail from Trader Joe’s in Bellingham, WA and resells them at Pirate Joe's Vancouver, Canada store. Trader Joe’s stores are located only in the USA. Trader Joe’s Lanham Act complaint claimed reputation, health, and safety concerns because perishable items were subject to varying temperatures, creating a health risk. Ninth Circuit, following precedent that the Lanham Act’s “use in commerce” requirement is separate from the jurisdictional grant, as they appear in different sections of the Act, and thus the federal courts unquestionably have subject matter jurisdiction over Lanham Act cases, decided only “some effect” on USA commerce was required for jurisdiction, and remanded to address the case merits. Then the parties settled.
Trademark infringement for unicorn beverages is no fantasy By Margo Lynn Hablutzel Intellectual Property, June 2017 Montauk Juice Factory filed, January 2017, a trademark application for “Unicorn Latte,” and its The End Brooklyn cafe started serving the “healing beverage” late 2016. Starbucks promoted its limited-edition “Unicorn Frappuccino” in April 2017. The Juice was upset Starbucks horned in.
Ten cybersecurity tips for lawyers By Margo Lynn Hablutzel Intellectual Property, January 2017 Lawyers have an ethical obligation to protect their clients’ information. Electronic records add accessibility—and responsibility. Cybersecurity tips include Change the Password Often, Consider Dual Authentication, Limit Access to Need-to-Know, Disable Passwords When People Leave, Plan for Cyber Incidents, Train Staff and Attorneys, Document with NDAs, Investigate Your Vendors, Review Policies and Processes.
Musicians vs. politicians – The saga continues By Margo Lynn Hablutzel Intellectual Property, September 2016 Popular music has historically had political aspects. Politicians love music, using it to underscore their platforms, highlight their entrances, and set a tone for their campaigns. But musicians don’t always want politicians using their music. Several recent disputes are summarized.
Quick summaries of five recent copyright cases By Margo Lynn Hablutzel Intellectual Property, July 2016 Summaries of recent cases of interest to IP practitioners.
Update from TM5 at the INTA 137th Annual Meeting By Margo Lynn Hablutzel Intellectual Property, August 2015 The members of TM5 began by each presenting information about the work handled by their respective offices, including the number of applications filed in 2014; effect of the Madrid system; and any improvement in processing, especially in the time period for examination.
Superman’s copyright kryptonite—And Sherlock Holmes finds it’s less than elementary By Margo Lynn Hablutzel Intellectual Property, May 2013 The longrunning saga of copyright ownership of Superman and his family may finally be ending, just as a case around the copyrights for Sherlock Holmes is beginning.
Food fights in the Chicago trademark arena By Margo Lynn Hablutzel Intellectual Property, 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?  
“Hope,” charity, and copyright—Fair use or derivative work? By Margo Lynn Hablutzel Intellectual Property, 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.
“Guitar Hero” – Do the claims catch more than just air? The patent license fights surrounding a popular video game By Margo Lynn Hablutzel Intellectual Property, July 2008 Although Gibson had licensed the look of its guitars and other trademarks for use with the game, Gibson apparently claimed that until the controllers failed to work, it did not realize that the equipment mimicked not only the form, but the technology. 
Sports figures reclaim and protect their names (but Larry Bird really did sleep here!) By Margo Lynn Hablutzel Intellectual Property, July 2008   In 1985, six years after Dick Butkus was elected to the Pro Football Hall of Fame, the Butkus Award was created by a group of sports fans in Florida to honor the best linebacker in college football each year. Twenty-two years later, Butkus sued.
“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.
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.
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.
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.
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.

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