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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Author Archives: Kenan Farrell

Stories from the Week that Was – 10/9-10/15/11

16 Sunday Oct 2011

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

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Stories from the Week that Was – 10/9-10/15/11

Legal Sector Shed 1,300 Jobs in September

Netflix Abandons Qwikster DVD Plan

Are Facebook ID Cards In Our Future?

“The primary objective of copyright is not to reward the labor of authors, but ‘[t]o promote the Progress of Science and useful Arts.’  To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art.”

Justice Sandra Day O’Connor
Feist Publications, Inc. v. Rural Telephone Service Co.
499 US 340, 349 (1991)

Indiana Trademark Litigation Update – Saeilo Enterprises v. Jacobson Hat Company

15 Saturday Oct 2011

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

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Common Law Trademark Infringement, Counterfeiting, Debra McVicker Lynch, False Designation of Origin, Forgery, Jacobson Hat Company, Jane Magnus-Stinson, Litigation Update, Saeilo Enterprises, Trademark Dilution, Trademark Infringement, Unfair Competition

Saeilo Enterprises Inc. v. Jacobson Hat Company Inc.

Court Case Number: 1:11-cv-01383-JMS-DML
File Date: Friday, October 14, 2011
Plaintiff: Saeilo Enterprises Inc.
Plaintiff Counsel: Darlene R. Seymour – Attorney at Law
Defendant: Jacobson Hat Company Inc.
Cause: Trademark Infringement, Trademark Dilution, False Designation, Common Law Trademark Infringement, Unfair Competition, Forgery, and Counterfeiting
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

View this document on Scribd

Indiana Trademark Litigation Update – American Petroleum Institute v. Tailor Make Oil

14 Friday Oct 2011

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

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Breach of Contract, Counterfeiting, False Advertising, Forgery, Tanya Walton Pratt, Tim A. Baker, Trademark Dilution, Trademark Infringement, Unfair Competition

American Petroleum Institute v. Tailor Make Oil Co., LLC et al

Court Case Number: 1:11-cv-01386-TWP-TAB
File Date: Friday, October 14, 2011
Plaintiff: American Petroleum Institute
Plaintiff Counsel: Ryan Bruce Bowers of Barnes & Thornburg LLP                                                
Defendant: Tailor Make Oil Co., LLC, TM Oil, LLC, Circle Town Oil, William R. Selkirk, Rebecca Selkirk, Lincoln R. Schneider, Jafarikal Corporation
Cause: Trademark Infringement, Trademark Counterfeiting, False Advertising, Unfair Competition, Trademark Dilution, Breach of Contract, Forgery
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

View this document on Scribd

Copyright Protection of Lecture Notes

14 Friday Oct 2011

Posted by Kenan Farrell in Copyright, Intellectual Property

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Copyright Protection, Intellectual Property

‘My economics teacher is forcing us to give up all of our work for the semester. Every page of notes and paper must be turned over to her to be destroyed to prevent future students from copying it. My binder was in my backpack, and she went into my backpack to take it. Is that legal?’ Besides the issue with private property invasion, which was the trigger of that post, there is much more important question: Can a teacher ask a student not to retain knowledge? How does IP law relate to teaching and sharing knowledge? Whose property are those notes?” – from Slashdot

I came across this question today and wanted to comment.  I won’t turn this into a full-blown legal analysis of copyright protection of class lecture notes, but there are some ideas I felt were important enough to mention.  Leaving aside the issue of the teacher going into the backpack, I’ll focus on the IP question because it just seems to keep popping up.  It’s a thorny issue that really shouldn’t be all that thorny.

First, keep in mind that facts and ideas are not protected by copyright.  Only the “expression” of facts or ideas can be protected.  When a student writes down notes from a lecture, he is primarily concerned with documenting the important facts and ideas of the lesson.  Any elements of the teacher’s expression that are copied into the notes are typically ancillary and of little real value to the student. Going further, it should be recognized that the facts and ideas that a teacher lectures on are primarily repackaged information that the teacher has derived from other sources.  A teacher seeking to enforce copyright ownership of this information is farcical at best.

I understand that classroom dynamics have been changing rapidly over the last few decades, with the introduction of photocopies, digital recorders, email, etc.  The “expression” of ideas, as opposed to the ideas themselves, can increasingly be captured verbatim.  Hence the growing and potentially misguided belief that copyright law needs to step in to protect a teacher’s expression of the facts. To the contrary, teachers need to get innovative and figure out how to embrace these technologies to further their one real goal…educating students.

Last year, a University of Florida professor brought a suit filled with interesting copyright claims against a commercial note-taking service.  To summarize, this service was paying students to take class notes and then sellingthose notes online as study aids.  I haven’t been able to locate an update to see how that case was resolved…it may have settled.  If someone has more information on the outcome, please leave a comment.  Regardless, the situation described in the question above does not involve a commercial note-taking service, just a tuition-paying, education-seeking economics student.  Therefore, many of the commercial elements that made the Florida professor’s copyright claims somewhat palatable do not exist here.

I find it remarkable that any teacher would ask a student to hand in all of their class resources at the end of a semester.  After all, there are actually students who go to university to gain knowledge they can use for the rest of their life…not just for the length of one semester and to be forgotten upon handing in the final exam.  Class materials, including quizzes, tests and lecture notes, are often important resources later in a student’s professional life.  Is the threat of future students copying the notes really so severe that it outweighs the potential value to the note-taking student?

Indiana Copyright Litigation Update – Pamela Mougin v. French Lick Resorts and Casino

12 Wednesday Oct 2011

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

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Tags

Breach of Contract, Copyright Infringement, French Lick Casino & Resort, Mark J. Dinsmore, Pamela Mougin, Tanya Walton Pratt, Unjust Enrichment, Violation of Visual Artists Rights

Pamela Mougin v. French Lick Resorts and Casino LLC et al

Court Case Number: 1:11-cv-01367-TWP-MJD
File Date: Tuesday, October 11, 2011
Plaintiff: Pamela Mougin
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: French Lick Resorts and Casino LLC, Worth Group, John Does 1-10
Cause: Copyright Infringement, Violation of Visual Artists Rights, Breach of Contract, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore

Amended Complaint:

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Stipulated Order of Dismissal:

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