Author Archives: Kenan Farrell

Indiana Trademark Litigation Update – Coach Inc. v. Tom’s Treasure Chest

29 Tuesday Jun 2010

Posted by in Indiana, Litigation, Northern District of Indiana, Trademark

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Coach, Inc. et al v. Tom’s Treasure Chest

Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Gary, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.

Related case: Coach, Inc. et al v. Diggz Clothing LLC et al

Related case: Coach, Inc. et al v. TJ’s Handbags

Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al

Court Case Number: 2:10-cv-00243-PPS-PRC

File Date: Thursday, June 17, 2010

Plaintiff: Coach Inc., Coach Services Inc.

Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP

Defendant: Tom’s Treasure Chest

Cause(s): Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery under Ind. Code 35-43-5-2(b), Counterfeiting under Ind. Code 35-43-5-2(a)

Court: Indiana Northern District Court

Judge: Chief Judge Philip P. Simon

Referred To: Magistrate Judge Paul R. Cherry

Bilski Patent Decision Affirmed by Supreme Court

29 Tuesday Jun 2010

Posted by in Intellectual Property, Litigation, Patent, Supreme Court

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The much-awaited Bilski decision was handed down by the Supreme Court yesterday.

The Court holds: the specific invention in this case, a method of predicting business or economic cycles, was ineligible for a patent. In discussing the proper test for patentability, the Court says the “machine or transformation” test may be a useful and important investigative tool, but it is not the sole test for determining whether a “process invention” is patentable. The Kennedy opinion for the majority is not supported in all respects by those who join in part.

The NY Times comments: “there was a clear message for patent trolls, patent brokers and licensing companies, patent lawyers and lobbyists: Play on!”

Full decision here (.pdf)

Indiana’s Wind Power Conference Returns For Third Year

22 Tuesday Jun 2010

Posted by in Indiana, Tech Developments

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WIndiana, Indiana’s only statewide wind power conference, taking place July 21 and 22, will concentrate on better integrating wind with the power grid and includes talks on topics ranging from big wind farms to wind power for individual homes or small communities.

WIndiana 2010 at the Indiana Convention Center in Indianapolis will bring together experts from industry and government to address key issues in wind power. The conference is organized by the Indiana Office of Energy Development and the Energy Center at Purdue University’s Discovery Park.

The conference, which is in its third year, has expanded to include three tracks focusing on “big wind” – or utility-scale wind generation – small-scale wind generation for communities and individuals, and Indiana’s wind industry supply chain.

“Indiana’s wind industry continues to grow,” said Lt. Gov. Becky Skillman, who will deliver a keynote address. “As more wind farms are built, as smaller wind facilities are installed, as more wind manufacturing supply chain jobs are created, we must understand how it all works together towards Indiana’s energy and economic future.”

Indiana has gone from no turbines to more than 1,100 in two and a half years and is ranked the third fastest-growing state for wind power in the country, according to the American Wind Energy Association. The association ranks Indiana 13th for most installed wind power capacity in the country.

Indiana has five privately developed wind farms that generate a total of more than 1,000 megawatts, compared to about 23,500 megawatts of generating capacity for utilities in Indiana, primarily from coal. Wind farms now online in Indiana can power the equivalent of more than 250,000 homes. A sixth wind farm facility is under construction, and several others are proposed.

“In addition to the farms themselves, 11 Hoosier companies manufacture wind turbine components,” said Brandon Seitz, director of the state Office of Energy Development. “These companies employ about 1,000 people.”

Conference registration will be 7-8 a.m. the first day and 7:30-8:30 a.m. on the second day. Those interested in registering early may do so here.

Registration for the conference is $100 per person before July 1 and $125 after. More information is available at http://www.energy.IN.gov

Source: Indiana Office of Energy Development

Governor Daniels Announces New Online University for Indiana

21 Monday Jun 2010

Posted by in Federal Initiatives, Indiana, Tech Developments

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Governor Mitch Daniels recently announced the establishment of WGU Indiana, a new online, competency-based university aimed at expanding access to higher education for Hoosiers. Formed by a partnership between the state and Western Governors University, the nation’s only non-profit, competency-based university, WGU Indiana offers fully accredited bachelor’s and master’s degrees in business, teacher education, information technology, and health professions, including nursing.

“Today we mark the beginning of, in a real sense, Indiana’s 8th state university. WGU Indiana will fill the clearest and most challenging gap remaining in our family of higher education opportunities, helping thousands of adult Hoosiers attain the college degrees they’ve wanted and needed, on a schedule they can manage, at a cost they can afford,” said Daniels, who was elected to the board of directors of WGU in January.

WGU Indiana’s academic model is unique–rather than earning degrees based on credit hours or time spent in class, students are required to demonstrate competency in degree subject matter. They advance by writing papers, completing assignments, and passing exams that demonstrate their knowledge of required subject matter. This allows students to move quickly through areas where they have prior work or academic experience and focus on the areas they still need to learn. Learning is individualized and guided by the one-on-one support of a faculty mentor. Degree programs are rigorous and challenging, but designed to allow students to schedule their studies to accommodate work and family obligations. Tuition is affordable, approximately $6,000 per year for most degree programs, and Indiana state and federal financial aid are available.

WGU Indiana is being established with support from the Lumina Foundation for Education and the Bill & Melinda Gates Foundation. The university will operate independent of direct state funding and be self-sustaining on tuition. The Indiana Commission for Higher Education has adopted a resolution supporting the governor’s executive order that establishes WGU Indiana in partnership with Western Governors University.

Allison Barber has been appointed as WGU Indiana Chancellor. A native of Indiana and former Indiana public school teacher, Ms. Barber has served in development and education roles in the government and non-profit sector for nearly 20 years. She will be based in the WGU Indiana main office in Indianapolis, but will work with community and business leaders throughout the state to help increase awareness of the university. In addition, the governor has named seven Hoosiers to the WGU Indiana Advisory Board:

Source: WGU Indiana

Indiana Copyright Litigation Update – Saturday Evening Post Society v. Hungry Howie’s Pizza & Subs

15 Tuesday Jun 2010

Posted by in Copyright, Indiana, Litigation, Southern District of Indiana

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Indianapolis-based Curtis Publishing Co. has sued a Michigan-based chain of pizza restaurants for copyright infringement.

The suit, filed June 3 in federal court in Indianapolis, accused Hungry Howie’s Pizza & Subs Inc. of Madison Heights, Michigan, of infringing the copyright to a Saturday Evening Post cover first published in 1943. The cover, “Freedom from Want,” is by the late Norman Rockwell, and features the image of a family at a Thanksgiving dinner as a large roast turkey is being brought to the table.

Curtis accused the pizza chain of using the Rockwell painting in an “unauthorized, multistate advertising campaign, according to court papers. The ads, which began in November 2009, featured a “precise mimicry of the various nuances” of the Rockwell painting,” with the alteration of replacing the turkey with a pizza, Curtis said in its complaint.

Despite having been sent a cease-and-desist letter and “numerous other communications,” the pizza chain continued to use this advertisement throughout the 2009 winter holiday season, according to court papers.

The publisher is represented by Jonathan Faber, Kyle M. Baker and Cynthia A. Bedrick of McNeely Stephenson Thopy & Harrold of Shelbyville, Indiana.

The case is Saturday Evening Post Society Inc. v. Hungry Howie’s Pizza & Subs Inc., 1:10-cv-00680-LJM-DML, U.S. District Court, Southern District of Indiana (Indianapolis).

Source: Bloomberg Businessweek