26 Tuesday Oct 2010
Posted in Indiana, Litigation, Northern District of Indiana, Trademark
Sweetwater Sound
Inc. has reached a $5,000 settlement of its trademark infringement lawsuit against Chicago electronics company, J2 Electronics Group (Complaint filed July 7, 2010).
J2 has agreed to stop using the “SWEETWATER” mark and also paid $5,000 to Plaintiff, most of which presumably will cover attorney fees.
Original filing: Sweetwater Sound v. J2 Electronics Group
Source: The Journal Gazette
26 Tuesday Oct 2010
If a trademark applicant is denied federal registration by a trademark examiner at the U.S. Trademark Office, that denial may be appealed to the Trademark Trial & Appeal Board (“TTAB”). Decisions of the TTAB may, in turn, be appealed to a United States district court. Plaintiff in this matter has appealed the TTAB’s decision to uphold denial of its PLATINUM TURF FERTILIZER mark (the mark was denied registration based on a likelihood of confusion with a registered PLATINA mark for fertilizers and plant growth regulators).
Rather than cut their losses and proceed with a rebrand to a non-confusing, less generic and probably stronger trademark, the Plaintiff/Applicant has instead decided to hire a team of litigators and see whether a federal court can do a better job at trademark examination than the Trademark Office. I’ll keep you updated.
Court Case Number: 3:10-cv-00422-JVB -CAN
File Date: Wednesday, October 13, 2010
Plaintiff: Knox Fertilizer Company Inc.
Plaintiff Counsel: Daniel Tychonievich, Edward A. Sullivan III, Larry E. LaTarte Jr. of Baker & Daniels
Defendant: Appeal of a Decision by the Trademark Trial & Appeal Board
Cause: No Likelihood of Confusion
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Christopher A. Nuechterlein
25 Monday Oct 2010
Posted in Indiana, Tech Developments
Tags
Information technology is the force that flattened the world market (to paraphrase Thomas Friedman), so it’s no surprise that global outsourcing of IT services continues to see double-digit annual growth.
November’s New Economy New Rules explores the challenges and benefits of international technology outsourcing using Brazil, Latin America’s largest IT market, as a model. Come hear a presentation by Sergio Pessoa of Brasscom – the Brazilian Association of IT and Communication Companies – on emerging opportunities for partnerships between U.S. and Brazilian technology firms.
Speakers:
November 5, 2010
8:00 a.m. Registration and continental breakfast
8:30 – 9:30 a.m. Presentation
Click HERE to register.
There is no charge to attend, but please register.
25 Monday Oct 2010
Tags
Copyright Infringement, Debra McVicker Lynch, Litigation Update, Sarah Evans Barker, Trade Dress Infringement, Unfair Competition
Here’s an interesting case in which the Plaintiff seeks to protect the unique design of a space heater. Plaintiff manufactures the iHeater. Defendant has been manufacturing and marketing space heaters with a similar(?) design, the HeaterPRO (see images below). The ultimate question is whether a space heater design can even be protected. After all, are there many things more utilitarian than a space heater? Plaintiff tries to cover all bases just in case, relying on copyright, trade dress and even a design patent.
Court Case Number: 1:10-cv-01287-SEB-DML
File Date: Wednesday, October 13, 2010
Plaintiff: Top Ten Imports, LLC
Plaintiff Counsel: James M. Hinshaw and Alex E. Gude of Bingham McHale LLP
Defendant: BMX Imports, LP
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch
22 Friday Oct 2010
Posted in Indiana, Intellectual Property, Litigation
There’s a nice summary of publicity rights lawsuits over at TechDirt and I also highly recommend the underlying article which discusses the history of publicity rights from assorted viewpoints (including an appearance by Indianapolis attorney Jonathan Faber).
Indiana has some of the most expansive publicity rights laws in the nation. Indiana grants rights to an individual and his agent for 100 years after death, and the protections cover use of a person’s name, voice, signature, photograph, image, likeness, distinctive appearance, gesture and mannerisms.
“There are a lot of reasons publicity rights battles seem to be growing: more laws, plaintiff-friendly jurisdictions, no consistent bright-line rules about what plaintiffs have to show, and a newfound sensitivity prompted by the digital age.”
Indiana Intellectual Property Blog 