Section Newsletters

Articles on Intellectual Property

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.
Legal wrinkles in sponsored links By Steven L. Baron & William Beattie Intellectual Property, March 2006 Like everyone else schooled in a brick-and-mortar world, trademark attorneys and the courts are struggling to apply decades-old trademark law principles to the universe of the World Wide Web.
When to file for Federal trademark registration By Justin Lampel Intellectual Property, March 2006 It is a common misconception that having a business name approved by the Secretary of State’s Office provides trademark rights
Charity solicitation confusion By Daniel Kegan Intellectual Property, December 2005 The Lanham Act may be the major statute regulating trademarks, banning unfair competition, and dealing with consumer confusion, but there are many other relevant laws.
Corporate assumed name basics By Jodi K. Plagenz Intellectual Property, December 2005 What if a corporation, for marketing or other business purposes, decides to use a name other than its legal name without making it ‘official’?
Gripers 1, Initial Interest Confusion 0—Lamparello v. Falwell By Eric Goldman Intellectual Property, October 2005 Following on the Ninth Circuit Bosley (No. 04-55962, 9th Cir. Apr. 4, 2005) opinion from earlier this year, gripe sites won another important victory in the Fourth Circuit.
Stoller strikes out: Attorney fees and cancellation against frequent litigant By Daniel Kegan Intellectual Property, October 2005 Trademark law is founded on protecting the consumer from source confusion and buying the wrong goods and services.
Corporate assumed name basics By Jodi K. Plagenz Corporate Law Departments, September 2005 You heard it in your high school freshman literature class and hundreds of times since: Juliet speaks this line, intent on convincing Romeo that his last name means nothing to her. “What’s in a name? That which we call a rose by any other name would smell as sweet.”
Copyright in the digital age By Peter LaSorsa Corporate Law Departments, July 2005 In the information age the risk of infringing another's copyright protected work has never been higher.
The World Intellectual Property Organization publishes its analysis of domain name dispute trends By Pradip K. Sahu International and Immigration Law, July 2005 On March 23, 2005, the Arbitration and Mediation Center of the World Intellectual Property Organization ("WIPO") released an informative publication regarding the Uniform Domain Name Dispute Resolution Policy ("UDRP").
The Supreme Court plants an idea-All life forms are patentable! And farmers get the short end of the stalk. Part I: The decision By Eugene F. Friedman Intellectual Property, June 2005 The U.S. Supreme Court, in the case of J.E.M. Ag Supply Inc. v. Pioneer Hi-Bred International Inc., 60 USPQ2d 1865 (U.S. 2001), decided that plants constitute proper subject matter for utility patents under 35 U.S.C. § 101.
The Computer Fraud and Abuse Act: A new weapon in the trade secrets litigation arena By Daniel J. Winters & John F. Costello, Jr. Intellectual Property, April 2005 Businesses often face the threat of a disgruntled or conniving departing employee stealing trade secrets or other confidential business information in the period preceding his resignation.

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