Intellectual Property

The newsletter of the ISBA’s Section on Intellectual Property Law

ISBA Members, please login to join this section

2005 Articles

Another perspective on the translation industry By Felix Stungevicius January 2005 Qualified professional Translators can be described as members, some of them on the forefront, of what is commonly referred to as the Knowledge Industry.
Charity solicitation confusion By Daniel Kegan 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.
The Computer Fraud and Abuse Act: A new weapon in the trade secrets litigation arena By Daniel J. Winters & John F. Costello, Jr. 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.
Corporate assumed name basics By Jodi K. Plagenz 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’?
Epilogue: Arts lawyer Patricia Felch headed ISBA section council June 2005 Chicago intellectual property attorney Patricia A. Felch, a past president of Lawyers for the Creative Arts, died March 24 at age 58 of cancer in her Evanston home.
Gripers 1, Initial Interest Confusion 0—Lamparello v. Falwell By Eric Goldman 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.
Hopping the HIPAA hurdle: Proving trademark use in the healthcare industry By Elliott C. Bankendorf & Sherry L. Rollo December 2005 How will an attorney, representing an entity covered by HIPAA, prove use of its trademark without violating the privacy standards in HIPAA? Trademark professionals must now address how HIPAA regulations have affected trademark litigation, methods for overcoming the effect of HIPAA, methods of redaction needed to comply with HIPAA, and methods to avoid the obstacles of HIPAA.
KP Permanent Make-Up, Inc. v. Lasting Impression: The U.S. Supreme Court puts fairness back into fair use By Steven L. Baron & Kristin L. Lingren January 2005 On December 8, 2004, the United States Supreme Court shook up the law of trademarks by resolving a split in the U.S. Circuit Courts of Appeal concerning the classic "fair use" defense and related burdens of proof.
Stoller strikes out: Attorney fees and cancellation against frequent litigant By Daniel Kegan October 2005 Trademark law is founded on protecting the consumer from source confusion and buying the wrong goods and services.
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 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.
A translation industry primer By Grace Leonard January 2005 In many respects, the world has become the global village Marshall McLuhan wrote about in 1967.