Intellectual Property

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

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2008 Articles

The application of the Communications Decency Act’s IP exception to state law claims By Dale R. Kurth July 2008 The onslaught of User-Generated Content in Web publishing and New Media (also known as digital media, and generally defined as the integration of mediated or interactive communications with digital computers or the Internet) has created problems for the owners of IP rights. 
Becoming master of your domain: The UDRP versus the Anti-Cybersquatting Consumer Protection Act By Dale R. Kurth December 2008 Attorneys should be acquainted with both the ACPA and UDRP procedures and be prepared to evaluate these factors in advising clients of their options in dealing with cybersquatters.
Business entity selection at a glance By Alan R. Singleton January 2008 A table to assist with your business entity selection questions.
Drawing a line between art and copyright By Margo Lynn Hablutzel January 2008 Art can also be the center of intellectual property controversies, as recent charges of copyright infringement have shown.
“Guitar Hero” – Do the claims catch more than just air? The patent license fights surrounding a popular video game By Margo Lynn Hablutzel July 2008 Although Gibson had licensed the look of its guitars and other trademarks for use with the game, Gibson apparently claimed that until the controllers failed to work, it did not realize that the equipment mimicked not only the form, but the technology. 
How does the Illinois Eavesdropping Statute apply in the educational setting? By Eric R. Waltmire May 2008 This article addresses how and when the Illinois Eavesdropping statute applies to recordings in the educational setting.
Intellectual property protection at a glance By Alan R. Singleton January 2008 A table to assist in identifying IP property protection.
Labeling for human drug products now requires toll-free number for reporting adverse events December 2008 Final Rule: Toll-Free Number for Reporting Adverse Events on Labeling for Human Drug Products Federal Register: October 28, 2008 (Volume 73, Number 209) Page 63886-63897 AGENCY: Food and Drug Administration, HHS.
Litigating keywords like it’s 1999: An overview of recent (non)developments in the law applicable to keyword advertising By Daliah Saper & Dominika Szreder December 2008 This article first provides a brief overview of keyword advertising on search engines and the potential implication of infringement when those keywords are a competitors’ trademark, like Ticketmaster.
Musicians’ message to politicians: “Hold On”—Artists fear unauthorized use of songs on campaign trail equals endorsement By Steven L. Baron & Lindsay H. LaVine May 2008 “Hold On, I’m Comin.’” “More Than a Feeling.” “Soul Man.” What do these songs have in common, other than upbeat tempos and catchy lyrics? Their songwriters have objected to presidential candidates’ use of their copyrighted material.
“One day you’re in…..” – Louis Vuitton’s recent trademark cases By Margo Lynn Hablutzel May 2008 On the Bravo Channel’s Project Runway reality show, host Heidi Klum warns designers “in fashion, one day you’re in, the next day, you’re out.” Louis Vuitton, a division of LVMH Moet Hennessy Louis Vuitton SA, recently learned the same can be said in trademark courts, as it won a case and lost a case within a week of each other.
Protecting trade secrets in cyberspace By Anne C. Keays & Mitchell S. Chaban January 2008 This article will review the facts and findings in QSRSoft, Inc. v. Restaurant Technology Inc., a recent Northern District of Illinois opinion, and examine the court’s reasoning as guidance on measures to take in protection of trade secrets for Internet based systems.
PTO Consistency Initiative: 29 September 2008 December 2008 In an effort to further improve quality, the Office has created a centralized process by which an applicant may bring to the attention of the Office situations where, in applicant’s opinion, the Office has acted inconsistently in its treatment of applicant’s pending applications/recent registration(s).
Sports figures reclaim and protect their names (but Larry Bird really did sleep here!) By Margo Lynn Hablutzel July 2008   In 1985, six years after Dick Butkus was elected to the Pro Football Hall of Fame, the Butkus Award was created by a group of sports fans in Florida to honor the best linebacker in college football each year. Twenty-two years later, Butkus sued.
TrAid names aids trademark creation By Daniel Kegan May 2008 Good trademark selection avoids litigation and builds brand equity.
Who owns the IP rights to high school sports? By Joseph A. Saltiel July 2008 When you missed your son scoring a touchdown in his state championship game this past November, the question is not whether you can relive the moment by purchasing photographs of it on the Internet, it is who is going to sell you those photographs.