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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 – Jane Ruemmele v. Fundex

13 Tuesday Jul 2010

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation, Trademark

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An Indianapolis lawyer who created the game “Chronology” is accusing Fundex Games Ltd. of trademark infringement.

Jane Ruemmele, a Marion County public defender, filed suit March 24 in U.S. District Court of Southern Indiana. The lawsuit alleges breach of contract, trademark infringement, use of a counterfeit mark, unfair competition, copyright infringement, trademark dilution and forgery.

Ruemmele is seeking damages, plus a judgment for the return or destruction of all products bearing the Chronology trademark.

Fundex is a family-owned company based in Plainfield that sells licensed games, plus standard games such as checkers and chess. Ruemmele holds the trademark and copyright to the game Chronology, which she first licensed in 1995.

Fundex acquired the licensing rights to “Chronology” in October of 2007 with the purchase of Great American Puzzle Factory, according to the lawsuit. The deal that Ruemmele struck with Great American in 1995 provides her royalty payments of 6 percent of net sales. The rate rises to 8 percent after the first 100,000 games are sold.

“Fundex has sold numerous units of the card game since its acquisition of Great American,” the lawsuit alleges, but the company has provided no royalty statements or payments since October 2008.

Ruemmele also believes the payments Fundex made up to that point were less than required under the license agreement.

The lawsuit says Ruemmele attempted to work with Fundex to extend the license agreement past an expiration date of March 31, 2008, or to strike a new deal. “However, Fundex continually refused to return calls or correspondence from Ruemmele or her attorney while Fundex continued to sell and market the card game.”

Jonathan Polak, the Taft Stettinius & Hollister LLP attorney representing Ruemmele, said his client isn’t sure exactly how many copies of Chronology have been sold by Fundex—that’s why she’s seeking an audit. The contract with Great American gave Ruemmele the right to inspect company sales records.

Polak wouldn’t say how much “Chronology” had earned before Fundex acquired the game.

Ruemmele’s relationship with Great American, formerly based in Connecticut, suggests the game was successful.

Ruemmele and Great American renewed the contract in 2000 and again on Oct. 15, 2007, shortly before the sale to Fundex.

Great American also paid Ruemmele an annual, guaranteed advance of $1,000, according to the license contract.

Source: Indianapolis Business Journal

Indiana Trademark Litigation Update – Sweetwater Sound v. J2 Electronics Group

13 Tuesday Jul 2010

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

≈ 2 Comments

Tags

Common Law Trademark, False Description, Litigation Update, Philip P. Simon, Roger B. Cosbey, Unfair Competition

Sweetwater Sound v. J2 Electronics Group

Both Plaintiff and Defendant are in the business of selling audio recording and reproduction equipment, musical instruments and accessories. Defendant allegedly is knowingly infringing Plaintiff’s registered trademark SWEETWATER.

Court Case Number: 1:10-cv-00219-PPS-RBC
File Date: Wednesday, July 07, 2010
Plaintiff: Sweetwater Sound Inc.
Plaintiff Counsel: Larry L. Barnard, Robert T. Keen Jr. of Carson Boxberger LLP
Defendant: J2 Electronics Group Ltd.
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Unfair Competition, False Description
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

View this document on Scribd

Kenan Farrell to speak at Blog Indiana – Social Media & Blogging Conference

12 Monday Jul 2010

Posted by Kenan Farrell in Authors, Bloggers, Copyright, Defamation, Indiana, Indianapolis, Intellectual Property, KLF Legal, Social Media, Tech Developments, Trademark

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I’ll be speaking at Indy’s top Social Media & Blogging Conference, Blog Indiana. My session “A Legal Primer for Bloggers” will provide an overview of the key legal issues that bloggers should consider: Intellectual Property, Defamation, Anonymity and Privacy.

I’m happy to be able to provide readers of this blog a 10% discount. The code is “SPEAKTOME10” and is good starting today until all ticket sales end.

Hope to see you there.

Indiana Copyright Litigation Update – Interactive Intelligence v. Advanced Information Systems

12 Monday Jul 2010

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

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Tags

Breach of Contract, Copyright Infringement, Federal Trademark Infringement, Tanya Walton Pratt, Tim A. Baker, Unfair Competition

Interactive Intelligence v. Advanced Information Systems

Defendant was a reseller of Plaintiff’s telephony software. After an alleged breach of contract, Defendant continued to use Plaintiff’s copyrighted software and trademarks. Please leave a comment if you’d like a full copy of the complaint.

Court Case Number: 1:10-cv-00842-TWP -TAB
File Date: Thursday, July 01, 2010
Plaintiff: Interactive Intelligence, Inc.
Plaintiff Counsel: Constance R. Lindman, Tami L. Napier of Overhauser & Lindman LLC
Defendant: Advanced Information Systems, Inc.
Cause: Breach of Contract, Federal Trademark Infringement, Federal Unfair Competition, Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

View this document on Scribd

IU camp to help minority students pursue math and science

09 Friday Jul 2010

Posted by Kenan Farrell in Indiana, Tech Developments

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According to the National Science Foundation’s 2006 demographic data, despite making up 24 percent of the total U.S. population, Native Americans, Hispanics and African-Americans comprise only 10 percent of the college-educated individuals employed in science and engineering occupations.

In an effort to change current demographics, Indiana University will hold the ExxonMobil Bernard Harris Summer Science Camp, allowing middle school students from the underrepresented segments of the population to learn about math and science while being exposed to a college atmosphere.

From July 11 to 23, students entering grades six, seven and eight will attend the camp free of cost. Fifty-four students were selected based on their strong grades in science and math courses, overall good conduct, recommendations from teachers, an admission essay and overall interests in the science, technology, engineering and math disciplines.

See the Indiana Daily Student for more info.

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