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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Author Archives: Kenan Farrell

Indiana Trademark Litigation Update – Pitonyak Machinery v. Brandt Industries

18 Friday Feb 2011

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Debra McVicker Lynch, False Designation of Origin, Litigation Update, Mark J. Dinsmore, Tanya Walton Pratt, William T. Lawrence

Pitonyak Machinery Corp. v. Brandt Industries, Ltd. et al

Court Case Number: 1:11-cv-00233-TWP-DML
File Date: Thursday, February 17, 2011
Plaintiff: Pitonyak Machinery Corp.
Plaintiff Counsel: Daniel T. Earle, James E. Shlesinger of Shlesinger, Arkwright & Garvey LLP; John D. Pettie, Thomas S. Stone of Dover Dixon Horne PLLC
Defendant: Brandt Industries, Ltd., Brandt Agricultural Products, Ltd.
Cause: False Designation of Origin, Common Law Trademark Infringement and Unfair Competition
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

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New Book – Justices of the Indiana Supreme Court

18 Friday Feb 2011

Posted by Kenan Farrell in Authors, Indiana, Intellectual Property, Litigation, Supreme Court

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Justices of the Indiana Supreme Court, a 467-page multi-author volume exploring the lives of the 106 Justices of the Court, is now available from the Indiana Historical Society Press.  Edited by Linda C. Gugin and James E. St. Clair, it examines the lives of the 106 men and women who have sat on the state’s highest court.  The book includes an introduction by the Chief Justice of the United States, John G. Roberts Jr.

With 72 authors, the book captures details of the lives of the self-taught, circuit riding Justices from the early days of statehood through the 21st century Justices now serving on the Court.  Photographs, including those from previously unpublished private family collections, complete the edition.  The public can purchase the book at the Indiana Historical Society for $37.95.

The Supreme Court’s educational outreach program, “Courts in the Classroom” (CITC) collaborated with the Indiana Historical Society Press on Justices of the Indiana Supreme Court.  The Indiana Bar Foundation made a grant in support of the project.  CITC’s primary objective is to help educators, students, historians, and interested citizens learn about the history and operation of Indiana’s judicial branch.  As part of its outreach, CITC provides free lesson plans to teachers, interactive programs in the state Supreme Courtroom and publications about Indiana’s legal history.  For more information please contact Dr. Elizabeth R. Osborn at eosborn@courts.state.in.us or visit courts.in.gov/citc.  CITC will offer the book to schools and libraries across the state at no cost.

Chief Justice Randall T. Shepard sees the book as a valuable addition to civics education.   “This book has remarkable historic value,” explained Chief Justice Shepard.  “We are thrilled that students, educators and the public will have this resource that showcases the rich history of the third branch of government.”

The Indiana Supreme Court and CITC previously collaborated with the Indiana Historical Society Press on the publication of Hoosier Justice at Nuremberg ($6.95). The Nuremberg book, by Suzanne S. Bellamy, examines the roles of two Indiana Supreme Court Justices in post-World War II Germany.  In 1947, Justices Frank Richman of Columbus and Curtis Shake of Vincennes were called to serve as civilian judges in the Nuremberg tribunals.

These books and other Supreme Court publications (courts.in.gov/citc/bookstore.html) are available to libraries, teachers and all other educational institutions free of charge.  Requests should be sent to Sarah Kidwell at skidwell@courts.state.in.us.

A Continuing Legal Education program will be offered on Thursday, March 3, 2011 at 3:00 pm in the Supreme Court Courtroom featuring authors from the book.  Reservations are required.  Contact Elizabeth Osborn at eosborn@courts.state.in.us.

Indiana Trademark Litigation Update – Zimmer v. Ari Kresch

17 Thursday Feb 2011

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

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Christopher A. Nuechterlein, Common Law Product Disparagement, Common Law Trademark Infringement, Common Law Unfair Competition, Cybersquatting, Defamation, False Advertising, False Designation of Origin, Litigation Update, Tortious Interference with Business Relationships, Trademark Infringement, Unfair Competition, William C Lee

Zimmer Inc v. Ari Kresch et al

Court Case Number: 3:11-cv-00063-WCL -CAN

File Date: Wednesday, February 16, 2011

Plaintiff: Zimmer Inc
Plaintiff Counsel: Abigail M Butler, Angela K Hall, April Edwards Sellers, Joseph H Yeager, Jr., Kyle B Osting of Baker & Daniels
Defendant: Ari Kresch, Kresch/Oliver PLLC, Pulaski & Middleman LLC, Weller Green Toups & Terrell LLP, Kresch Legal Services PLC
Cause: Defamation, Tortious Interference with Business Relationships, False Advertising and Unfair Competition, Product Disparagement and Unfair Competition Under Common Law, Cybersquatting, Trademark Infringement, Unfair Competition and False Designation of Origin, Unfair Competition and Trademark Infringement Under Common Law
Court: Northern District of Indiana
Judge: Judge William C Lee
Referred To: Magistrate Judge Christopher A Nuechterlein

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Indiana Trademark Litigation Upate – White Lodging v. Mazer-Marino

11 Friday Feb 2011

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

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Debra McVicker Lynch, declaratory Judgment of Non-Infringement, Litigation Update, Sarah Evans Barker, Trademark Infringement

White Lodging Services Corporation v. Jil Mazer-Marino et al

Court Case Number: 1:11-cv-00208-SEB-DML
File Date: Thursday, February 10, 2011
Plaintiff: White Lodging Services Corporation                                                                                                                     
Plaintiff Counsel: Paul B. Overhauser of Overhauser & Lindman LLC
Defendant: Jil Mazer-Marino, Leroy Adventures, Inc.
Cause: Declaratory Judgment of Non-Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

View this document on Scribd

Businesses, Know thy Facebook Admin

10 Thursday Feb 2011

Posted by Kenan Farrell in Bloggers, Intellectual Property, Social Media

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Facebook

The new Facebook Pages (which I personally think are a nice upgrade) just made the workplace social media equation a little more complicated. Pages now act and feel like personal profiles and your organization’s Page can now post updates directly on other Pages’ Walls. The upgrade could be great for B2B networking, but it also enhances legal risks to Page admins and their organizations.

New Page Example: After logging in and upgrading the Page, I switched my Facebook access over to control of the Vonnegut Library (just click “Use Facebook as Page” under “Account” and it gives you a full list of the pages you admin).

Then I went to Nuvo‘s wall and posted a message. (Thanks Nuvo!) Rather than posting as Kenan Farrell, I’m now able to post as the Vonnegut Library.  For comparison, I also posted an update on Nuvo’s wall the “ol’-fashion” way, by tagging Nuvo in a status update.

While controlling a Page, the Notifications will be your Page’s notifications rather than personal notifications. The Friend tab will be all the folks who’ve “Liked” your Page.

You can see on the right in the image above, under the list of Admins, “Use Facebook as Kenan.” Facebook has made it extremely easy to switch back and forth between personal and business identities.

This upgrade goes a long way toward allowing businesses* to communicate independently of a particular individual’s identity. No longer restricted to their own Walls, Pages can go forth throughout Facebook and spread their unique message. Pages now allow organizations to more directly have a unified, branded voice in Facebook politics:

My caution to businesses…know your Page admins. Don’t give your company’s bullhorn to someone with whom you’ve had no discussion about communication strategy. Make sure they understand what is and isn’t appropriate to be saying on behalf of the company. Make sure they understand proper usage of trademarks, both yours and those of 3rd parties.

Admins must be increasingly mindful of which account they are posting from, especially since it is now so easy to switch back and forth between personal and business accounts (or switch to another unrelated Page account. I manage 8 accounts myself…what might be appropriate for one Page may not be from another). Defamation, privacy and securities lawsuits await the casual admin who makes personal comments from a business Page. FTC and unfair competition lawsuits await those who make business comments from a personal account (e.g. false testimonials, unsolicited endorsements).

Related note: be sure to have a CEO, owner or some other key employee listed as an Admin. With all the recent news about companies losing their domain names to wayward IT staff, you want to be sure you have a stake in your organization’s Facebook Page.

What do you think of the new Facebook Pages? A business communications boon or a legal minefield?

(*I use the term “business” broadly above. Read it to include most anybody who has a Page they’re using to promote a product or service.)

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