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~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Author Archives: Kenan Farrell

Ethics of E-Discovery – Free Webinar

08 Tuesday Nov 2011

Posted by Kenan Farrell in Litigation, Southern District of Indiana

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Debra Bernard, Electric Discovery Pilot Program, Ethics of Discovery, Mark J. Dinsmore, Rachel Lei, Southern District of Indiana, Timothy Chorvat, Wilson Elser

The Seventh Circuit Electronic Discovery Pilot Program is sponsoring the following free webinar:

Ethics of E-Discovery

November 30, 2011 – Noon – 1:30 p.m. (CST)

The Seventh Circuit Electronic Discovery Pilot Program, together with Wilson Elser, has developed a webinar designed to assist you in identifying the various ethical issues that arise in executing your e-discovery responsibilities and to provide you with a basic framework to help you navigate through the e-discovery ethical pitfalls that may arise.

Some of the questions that will be discussed include:

– What are your ethical duties regarding preservation of Electronically Stored Information (ESI) and what triggers those duties? Does it matter if you are only outside counsel?

– What ethical considerations are at play when you are searching for and producing ESI? What if you know proposed search terms will yield no results? Must you speak up?

– To what extent does metadata pose ethical issues?

– What if you inadvertently produce privileged information? Do you need a clawback or will the rules protect you?

– What about contract attorneys? What is the scope your ethical obligation to supervise?

This program will provide you with various perspectives to these questions from plaintiffs counsel, defense counsel, in-house counsel and the judges.

The webinar moderator will be Cinthia Motley of Wilson Elser. Speakers will be the Honorable Magistrate Judge Mark J. Dinsmore of the United States District Court for the Southern District of Indiana, as well as other Seventh Circuit Electronic Discovery Pilot Program Committee Members Debra Bernard of Perkins Coie, Timothy Chorvat of Jenner & Block, and Rachel Lei of GATX Corporation.

CLICK HERE to register for this November 30, 2011 event, which is open to all judges and attorneys.

Registration to this webinar is limited to 3000 participants, so sign up early.

Applications for 1.5 Ethics MCLE credits have been submitted and are pending approval in Indiana (and Illinois and Wisconsin).

Stories from the Week that Was – 10/30-11/5/11

06 Sunday Nov 2011

Posted by Kenan Farrell in Authors, Bloggers, Copyright, Intellectual Property, Litigation, Privacy, Social Media, Stories from the Week that Was, Tech Developments, Trademark

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BitTorrent, Occupy Wall Street

Stories from the Week that Was – 10/30-11/5/11

Protecting Your Online Reputation: 4 Things You Need to Know

Major Book Publisher Files Mass-BitTorrent Lawsuit

Occupy Wall Street applies for trademark

Just how big is 7 billion?

People Who Use Macs At Work Are Richer And More Productive


– WIPO IP Facts and Figures 2011

Indiana Trademark Litigation Update – Eli Lilly v. Yanchep Veterinary Clinic

05 Saturday Nov 2011

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trademark

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Common Law Unfair Competition, Cybersquatting, Jane Magnus-Stinson, Litigation Update, Tim A. Baker, Trademark Infringement, Unfair Competition

Eli Lilly and Company v. Yanchep Veterinary Clinic Pty Ltd. et al

Court Case Number: 1:11-cv-01469-JMS-TAB
File Date: Friday, November 04, 2011
Plaintiff: Eli Lilly and Company
Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP
Defendant: Yanchep Veterinary Clinic Pty Ltd.
Petvetshop Pty Ltd.
Paul Sorensen
Dr. Cymantha Sorensen
Cause: Trademark Infringement, Unfair Competition, Cybersquatting, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

View this document on Scribd

Indiana AG Greg Zoeller to Lobby Congress Against Cellphone Bill

03 Thursday Nov 2011

Posted by Kenan Farrell in Federal Initiatives, Indiana, Legislation, Litigation, Southern District of Indiana, Tech Developments

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Do Not Call, Greg Zoeller

Indiana Attorney General Greg Zoeller said he will lobby Congress on Friday against a federal bill he says would strip the telephone privacy rights of residents in Indiana. Zoeller plans to testify before the House Energy and Commerce Committee’s Subcommittee on Communications and Technology against House Resolution 3035, a primarily Republican-backed bill being considered in the U.S. House. The bill would allow telemarketers and debt collectors to start dialing residents’ cellphones and, if approved, would override Indiana’s “Do Not Call” law and lead to a flood of robocalls to people’s phones, Zoeller said Wednesday.

Supporters of the bill say it would update federal law to allow businesses to compete in an environment where cellphones have largely replaced landlines.

Zoeller is fighting on multiple legal fronts to maintain Indiana’s strong “Do Not Call” law and ban on political robocalls.

The Southern District of Indiana ruled in September that Indiana’s ban on political robocalls violated the federal Telephone Consumer Protections Act which governs interstate communications. The Indiana Supreme Court is separately considering whether the state rightfully enforced the measure against FreeEats.com.

For more info, see the Journal and Courier.

Teaching the iGeneration

03 Thursday Nov 2011

Posted by Kenan Farrell in Authors, Indiana, Indianapolis, Stories from the Week that Was, Tech Developments

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Fox 59, Teaching the iGeneration

Adults don’t really understand what it’s like to grow up in the age of the iPhone. I’ve seen plenty of grown-ups struggle to make sense of the role of mobile computing and social media in our society and their own lives, but we need to always remind ourselves that these tools are all our kids have ever known. Fox 59 featured a new book yesterday called Teaching the iGeneration, which attempts to help teachers educate the latest generation of iKids:

You know what the iGeneration in your classroom looks like. They are the students willing to experiment their way through anything, confident that trial and error can crack the code better than reading manuals or following directions. They’re turning to the Internet first and the library second when assigned research projects. Their minds are working fast, but not always as deeply or as accurately as the adults in their lives would like. Yet teachers can capture the attention of the iGeneration and help them grow by integrating technology into classrooms in a way that focuses on the skills that have been important for decades. The purpose of Teaching the iGeneration is to help teachers find the natural overlap between the work that they already believe in and the kinds of digital tools that are defining tomorrow’s learning. Each chapter introduces an enduring skill information fluency, persuasion, communication, collaboration, and problem solving as well as a digital solution that can be used to enhance, rather than replace, traditional skill-based instructional practices.

My law students are glued to their Macbooks during class, no doubt, but I wouldn’t consider them the iGeneration. Has anyone who works with K-12 students read this book? Was it useful for your classroom?

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