Section Newsletters

Articles on Intellectual Property

In the balance (TM): pending controversies Intellectual Property, June 2000 Is a consumer's copying music over the Internet lawful, as is copying television programs on videotape, or infringing, as the Recording Industry Association of America asserts in its suit against Napster.
TTAB Protective Order Intellectual Property, June 2000 Parties involved in inter partes proceedings before the Trademark Trial and Appeal Board often enter into agreements intended to safeguard information and documents viewed as confidential, commercially sensitive or trade secret.
When is a dress trade dress? Walmart Stores, Inc. v. Samara Brothers By Steven L. Baron Intellectual Property, June 2000 On March 22, 2000, the United States Supreme Court tackled the thorny question of whether a product's design could be "inherently distinctive" so as to provide protection under trade dress theory.
A brief history of the UDRP By Aaron W. Brooks Intellectual Property, May 2000 Since January 3, 2000, all Internet domain name disputes have been governed by a single dispute resolution policy known as the Uniform Domain Name Dispute Resolution Policy (UDRP).
Career clips: Patricia Felch By Patricia Felch Intellectual Property, May 2000 My route to an intellectual property firm has been like walking up Lombard Street in San Francisco--a 12-year trek up a very steep and spiraling hill.
The first Internet-related case of copyright infringement in PRC By Li Dongtao Intellectual Property, May 2000 This is the first Internet-related case of copyright infringement in People's Republic of China (PRC).
IP news By Daniel Kegan Intellectual Property, May 2000 Work for hire quietly altered. Patricia Felch closely read the new copyright legislation and found two important, quiet changes in Title 17
Practitioner’s guide to provisional patent applications By Emily Miao Intellectual Property, May 2000 Nearly five years ago, GATT-related changes to U.S. patent law led to the creation of the U.S. provisional patent application ("PPA").
Abe— A Better Essay Intellectual Property, March 2000 The Intellectual Property Section of the Illinois State Bar Association has established "A Better Essay" (Abe) Program, under which faculty at Illinois law schools may submit select articles by law students for consideration for publication in the section's newsletter, "Intellectual Property."
Admiralty trademarks By Daniel Kegan Intellectual Property, March 2000 Floating in the mid-Pacific, the record-breaking Academy Award-winning film enlightens the dark deck of the cruise ship.
Federal patent law preempts state law on inventorship By John M. Augustyn Intellectual Property, March 2000 The U.S. Court of Appeals for the Federal Circuit ruled that federal patent law preempts state law standards for determining inventorship.
New IP fees Intellectual Property, March 2000 Some United States patent, trademark, and copyright fees have recently changed.
New law affects patents, copyrights and the Internet By John M. Augustyn Intellectual Property, March 2000 On November 29, 1999, President Clinton signed a bill (H.R. 3194, Pub. L. No. 106-113) containing changes affecting patents, copyrights and the Internet.
A sales offer with product drawings did not establish on-sale validity for method patent By John M. Augustyn Intellectual Property, March 2000 Recently, the U.S. Court of Appeals for the Federal Circuit held that an offer to sell a device (which included drawings of the device but not drawings of the method) did not establish on-sale invalidity because the drawings did not reveal the claimed method.
Intellectual improbabilities By Daniel Kegan Intellectual Property, November 1999 DOJ antitrust guidelines for competitor collaboration. The Justice Department and the Federal Trade Commission October 1, 1999 released and sought comment on proposed guidelines for lawful and illegal collaboration among competitors.
IP Q&A Intellectual Property, November 1999 John Augustyn offers these questions to sharpen our patent analyses. We welcome your suggestions of interesting intellectual property questions--with your suggested answers, for publication in following issues.
Safe IP: derivative infringement By Daniel Kegan Intellectual Property, November 1999 Obtaining a patent, copyright, or trademark is no guarantee that you do not infringe. Your patented invention may be an improvement on an earlier patented invention, and read on the earlier patent's claims
The times, they are a-changin’: time changes in the Trademark Law Treaty Implementation Act of 1998 By Marc E. Fineman Intellectual Property, November 1999 On September 28, 1999, the United States Patent and Trademark Office published a Final Rule implementing the Trademark Law Treaty Implementation Act of 1998 (TLTIA), Pub. L. No. 105-330, 112 Stat. 3064 (15 U.S.C. 1051).
Trademark Law Treaty Implementation Act of 1998: changes to the rules of practice By Joseph T. Nabor Intellectual Property, November 1999 As a result of the enactment of the Trademark Law Treaty Implementation Act of 1988, the Trademark Branch of the PTO has undertaken a rather extensive review of its Rules of Practice.
Challenges to selling products in Europe: The EU metric-only labeling requirement Intellectual Property, September 1999 Article 3 of EU Council Directive 80/181 requires that all products sold in the European Union--whether domestically produced or imported--must have metric-only labeling beginning January 1, 2000.
Jack-o-lantern lawn bags— utility patent protection for decorating a utilitarian product? By Phillip L. Bateman Intellectual Property, June 1999 The patent bar rejoiced when the court of appeals for the Federal Circuit was created in 1982.
Native American tribe insignia under study Intellectual Property, June 1999 Federal law requires the Patent and Trademark Office to study a variety of issues surrounding trademark protection for official insignia of federally and state recognized Native American tribes.
Safe IP: Signing applications By Daniel Kegan Intellectual Property, June 1999 Priority is often paramount in deciding trademark rights and disputes.
States gain IP immunity By Daniel Kegan Intellectual Property, June 1999 A narrow but consistent 5-4 majority of the U.S. Supreme Court has ruled that state sovereignty prevents suing a state for patent infringement or for unfair competition damages.
Trademark Law Treaty changes Lanham applications Intellectual Property, June 1999 The Trademark Law Treaty Implementation Act (Pub. L. 105-330) was signed by President Clinton October 30, 1998.
The hows and whys of Web site audits By Lynn E. Rzonca & Patricia M. DeSimone Intellectual Property, May 1999 By now your company's Web site is up and running. Monthly "hit" reports show that more and more "visitors" (read: potential clients) are accessing your site.
Intellectual improbabilities™ By Daniel Kegan Intellectual Property, May 1999 Popular patents. The U.S. Patent and Trademark Office issued a record 151,024 patents in 1998, up 33% from 113,720 in 1997. For the sixth year in a row, IBM was the leading patentee, with 2,657 issued patents, up 54% from 1997.
Safe IP: Corporate name and trademark differ By Daniel Kegan Intellectual Property, May 1999 Don't be confused between corporate names and trademarks. Incorporation, partnership, and other business and nonprofit organization status is governed by state law.
Selected U.S. domain name case decisions By David Loundy Intellectual Property, May 1999 The first Internet domain name case decision was released in 1994, the second domain name case decision was a year later.
Congress calls a time-out on Internet taxes By Miriam V. Hallbauer Intellectual Property, February 1999 The Internet is a booming marketplace. Internet sales, already reaching billions of dollars annually, likely will reach the hundreds of billions in the next decade.

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