Copyright noticesBy Daniel KeganIntellectual Property, December 2010Copyright Office Notices.
Discovering Electronically Stored Information (ESI): Self-Reliance and FRCivP 26*By Daniel KeganIntellectual Property, December 2010Federal Rule of Civil Procedure 26 (b)(2)(B) now requires an early conference among attorneys to discuss and plan discovery, including Electronically Stored Information (ESI). Attorneys cannot simply delegate to clients or commercial services the responsibility of understanding ESI and ESI discovery planning. The attorney has a non- delegable responsibility to know, not only traditional discovery relevance but also enough about email, computers, file archiving, the client’s business, and human nature to competently supervise others. This article presents an efficient procedure for self-reliant attorneys and firms to successfully manage the ESI discovery process. Guidelines are presented for both Macintosh and Windows computers.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, December 2010Sad Sap $1.65b verdict favoring Oracle for admitted copyright liability. Judge should refer even clearly meritless mandamus writ when his spouse is on defendant's board (In re Specht, trademark suit). Baha'i organizational divorce 40 years later, where's the contempt. Judge Posner clarifies "exceptional Lanham Act cases."
7th Circuit’s trade dress regretsBy Shannon A.R. BondIntellectual Property, October 2010Attorneys should keep the Jay Franco & Sons, Inc. v. Clemens Franek case in mind when approached by a client about protecting product design trade dress.
Supreme Court ruling leaves window open for business method patentsBy Brian R. MichalekIntellectual Property, October 2010This past June, the Supreme Court issued the much-anticipated opinion in Bilski et al. v. Kappos. The 5-4 majority opinion held the claims of the patent application at issue were directed to an abstract idea and therefore were not patentable under 35 U.S.C. Section 101.
The value of strategic counselBy Barbara B. BresslerIntellectual Property, October 2010Laypeople do not understand the nuances of trademark law, and the U.S. Patent and Trademark Office Web site does not do those people a service by making it appear easy to do it themselves.
Google Books: The future is now?By Dale R. KurthIntellectual Property, June 2010The case of The Author’s Guild, et al. v. Google, Inc. will go a very long way in deciding how society as a whole makes its tentative way down the path of an increasingly technological terrain.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, June 2010Recent developments in intellectual property law.
NDIL adopts Local Patent RulesIntellectual Property, March 2010The Local Patent Rules apply to all cases filed in or transferred to the district after October 1, 2009 involving a claim of utility patent infringement, non-infringement, invalidity, or unenforceability.
No just desserts for jus tertii defense in IllinoisBy Steven L. Baron & Rebecca A. EdwardsIntellectual Property, March 2010A review of the landmark case of The Jim Mullen Charitable Foundation v. World Ability Federation, in which a jus tertii defense used in a trademark infringement case is rejected for the first time in Illinois.
Dangerous delusions: Do it yourself, or don’tBy Daniel KeganIntellectual Property, November 2009Many once-arcane intellectual property (IP) procedures are now accessible to lay businesspersons and citizens.
Caution for copyright owners before filing suit for infringementBy Jeremy M. RoeIntellectual Property, September 2009Generally, the owner of a U.S. copyright registration may enforce its rights by bringing an infringement action against an infringer. However, one court’s recent ruling may caution copyright owners from moving forward.
Food fights in the Chicago trademark arenaBy Margo Lynn HablutzelIntellectual Property, September 2009Some 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?
Intellectual improbabilitiesBy Daniel KeganIntellectual Property, September 2009Recent updates in Intellectual Property law.
Justify that tax-deductible iPod, let your ears learnIntellectual Property, September 2009The Intellectual Property Colloquium is a free online audio CLE program devoted to IP topics. Aimed primarily at a legal audience, the program consists of edited conversations with high-profile guests drawn from academia, the judiciary, and the various technology industries.
Law changesIntellectual Property, September 2009New FedRCivP become effective 1 December 2009, unless Congress acts to the contrary.
Three tips to protect a trademarkBy Shannon A.R. BondIntellectual Property, September 2009Colgate-Palmolive Co. is the well-known owner of multiple Colgate Total trademarks for oral-care products. To protect its trademark rights, on July 31, 2009, Colgate filed two separate lawsuits against Johnson & Johnson and Chattem, Inc., demanding the companies withdraw trademark applications for Johnson & Johnson’s Listerine Total Care mouthwash and Chattem’s Act Total Care mouthwash and stop using the Total name.
Best practices for enforcing United States trademark rightsBy Clark Lackert & Courtland ReichmanCorporate Law Departments, July 2009When it comes to enforcing their rights in the United States, mark owners can choose between a vast array of tools, including arbitration, litigation and anticounterfeiting actions.
The basics of trademarks and trade secretsBy Eugene F. FriedmanBusiness Advice and Financial Planning, June 2009Summaries of basic Trademark and Trade Secret concepts for the general practitioner.