Articles From Daniel Kegan | Illinois State Bar Association

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, April 2011 News updates affecting intellectual property attorneys.

Discovering Electronically Stored Information (ESI): Self-Reliance and FRCivP 26* By Daniel Kegan Intellectual Property, December 2010 Federal 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 Kegan Intellectual Property, December 2010 Sad 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."

Pennywise and pound foolish: Compilation copyrights and the limits of administrative deference By Daniel Kegan Intellectual Property, October 2010 Copyright claimants should consider registering their commercially important works individually, rather than relying on derivative copyrights, such as compilations, collective works.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, June 2010 Recent developments in intellectual property law.

The grammar of intellectual property: Copyright is a noun, trademark is an adjective By Daniel Kegan Intellectual Property, March 2010 Clarifying the definitions of patent, trademark, and copyright, and how to use each term properly.

Dangerous delusions: Do it yourself, or don’t By Daniel Kegan Intellectual Property, November 2009 Many once-arcane intellectual property (IP) procedures are now accessible to lay businesspersons and citizens.

Intellectual improbabilities By Daniel Kegan Intellectual Property, September 2009 Recent updates in Intellectual Property law.

Intellectual Improbabilities By Daniel Kegan Intellectual Property, May 2009 Updates in Intellectual Property law.

TrAid names aids trademark creation By Daniel Kegan Intellectual Property, May 2008 Good trademark selection avoids litigation and builds brand equity.

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.”

Editor’s note By Daniel Kegan Intellectual Property, March 2007 In October 2006 the Intellectual Property Section presented an ISBA LawEd seminar entitled, “To Disclose or Not to Disclose—The Benefits and Limitations of Non-Disclosure Agreements.”

Editor’s notes By Daniel Kegan Intellectual Property, January 2007 A message from Editor Dan Kegan.

Questions and complexities in disclosure By Daniel Kegan Intellectual Property, January 2007 A list of items to consider regarding disclosure.

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.

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.

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.

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.

Political trademarks: Intellectual property in politics and government By Daniel Kegan Local Government Law, January 2005 Confusion, deception, and mistake are generally unlawful in marketing campaigns. 14 USC § 1125 (a) [Lanham Act § 43(a)].

Political trademarks: Intellectual property in politics and government By Daniel Kegan Intellectual Property, October 2004 Confusion, deception, and mistake are generally unlawful in marketing campaigns. 14 USC § 1125 (a) [Lanham Act § 43(a)].

Copyright birth & death announcements By Daniel Kegan Intellectual Property, October 2002 Copyright death approaches for older unpublished works. Pre-1978 works that did not receive copyright protection before 1978 may, unless the works are published before January 2003, become public domain.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, October 2002 The Official Gazette for Patents stopped paper publication September 25, 2002; electronic publication on CD-ROM began October 1, 2002.

Intellectual improbabilities™ By Daniel Kegan Intellectual Property, June 2002 Douglas Dorhauer, a student at Louisiana State University school of law maintains the lsulaw.com Web site.

Academia at risk: antiquated IP policy By Daniel Kegan Intellectual Property, November 2000 Our schools and colleges face enlarging potholes on the information superhighway because of antiquated intellectual property policies in academia. Many academic institutions have no explicit intellectual property policy; others may have established policies for inventions by faculty and researchers and trademark licensing for major college football teams.

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

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.

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.

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