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Marina City Online retains counsel to respond to MTCA copyright claims

30-Oct-07 – In addition to the editorial responding to the proposed MTCA ban on use of condo association name and image, which the MTCA says is based on its claim of a “common law copyright,” Marina City Online has hired Chicago lawyer Thomas D. Rosenwein – who specializes in intellectual property – to study the dispute.

In an October 30 letter to MTCA President Donna Leonard, Rosenwein says, “While we sympathize with MTCA’s interest in obtaining funds that may be used to defray expenses of the Association, we must advise you that the proposed Rule No. 5 is contrary to federal law.”

Rosenwein explains the copyright statute provides for the protection of many forms of creative expressions. In 1990, the Copyright Act was amended to include buildings in the definition of protected “architectural works,” but the statute made explicit that photographing buildings is exempt from copyright infringement.

As to the reference to a “common-law copyright on the use of the Association name,” Rosenwein says that claim is similarly misplaced.

“Trade names and brand rights are also only protectable in relation to the goods or services that are provided in connection with such trade name or brand. In other words, the MTCA does not own rights in the Association’s name in gross, but only in connection with such goods and services that are likely to cause confusion to the consuming public. Of course, even in such situation, the doctrine of fair use would permit use of a trade name or brand.”

Fair use, explains Rosenwein, means that, for example, a photographer who identifies a photograph of the Marina Towers as “the Marina Towers” is not guilty of trademark infringement.

“We are concerned that adoption of proposed Rule No. 5 will not only be contrary to federal law, but may serve to chill the creativity and free expression of artists and give false hope to those who are looking for alternative sources of income for the Association.”

Rosenwein was admitted to the Illinois Bar in 1978 and is a partner with Gordon, Glickman, Flesch & Rosenwein, with offices located in the historic and often-photographed Marquette Building. His focus is on intellectual property counseling and litigation in the areas of patents, trademarks and copyrights. He has litigated extensively in state and federal courts, lectured and authored articles on trademark and patent litigation.

  Letter to MTCA from copyright lawyer Thomas D. Rosenwein

Marina City Online retains counsel to respond to MTCA copyright claims

While many people have noisy neighbors, Marina City residents have neighbors who can give them free food and priority restaurant seating.

The general manager of House of Blues Chicago is sending to residents a letter that offers several perks. They include a free second entree (with purchase of one of equal or lesser value before 4 p.m. Monday through Thursday), ten percent discount off food at any time, no cover charge, priority seating in the Back Porch Restaurant, and periodic complimentary concert tickets.

“Until we get to know you better,” Michael Lucero asks that residents bring ID that verifies they live at Marina City.

Marina City Online retains counsel to respond to MTCA copyright claims

The Universal Pictures action film “Wanted,” which shot in the north Loop earlier in the year, is now in post-production. The film stars James McAvoy, Morgan Freeman, Terence Stamp, Thomas Kretschmann, Common, and Angelina Jolie.

According to Internet Movie Database, the film is about a young man who finds out his long lost father is an assassin. When his father is murdered, “the son is recruited into his father’s old organization and trained by a man named Sloan (played by Morgan Freeman) to follow in his dad’s footsteps.”

Wanted

The above frame from the film appears to show actor Thomas Kretschmann superimposed onto an aerial shot of the north Loop, looking west in the late afternoon. Marina City is at the right. In the center is the Carbide & Carbon Building, 35 East Wacker Drive, Unitrin Building, and Leo Burnett Building.

However, in the movie you see, you may see this scene flipped horizontally for artistic purposes.

Marina City Online retains counsel to respond to MTCA copyright claims

What used to be a small public park next to the AMA Building is being transformed into a 34-story, 121-condo, 259-room hotel and restaurant. Hotel Palomar is under construction at North State Street and East Illinois Street.

The hotel was designed by Guajardo REC Architects LLC of Chicago. John Buck Company is the developer. It will be run by Kimpton Hotels & Restaurants, which is based in San Francisco.

Case Foundation Company is currently drilling for caissons. Construction is scheduled to be completed in 2009.

Marina City Online retains counsel to respond to MTCA copyright claims

[This story is from Mainichi Daily News. Wakayama Prefecture is located on the south side of mainland Japan. 22 meters is about 72 feet.]

WAKAYAMA - A roller coaster suddenly came to a halt almost 22 meters above the ground at an amusement park here, forcing its 18 passengers to climb down an emergency staircase.

The accident occurred at PortoEuropa, an amusement park inside Wakayama Marina City in Wakayama, Wakayama Prefecture, at around 1:00 p.m. on [November 18].

According to park officials, a mechanism controlling the motor of the 10-carriage roller coaster failed, triggering an alarm that forced the coaster to automatically stop just as it was reaching the ride’s 22-meter-high summit.

None of the 18 passengers on the roller coaster was injured. They were led to safety by park officials down an emergency staircase.

Marina City Online retains counsel to respond to MTCA copyright claims

“The tiny island of fun along the river…”

– How Marina City is described in a restaurant review of A Mano in the December issue of Chicago magazine.