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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Author Archives: Kenan Farrell

Indiana Man Handed 15-Month Sentence for Copyright Infringement

30 Tuesday Mar 2010

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

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David A. Sanners, 36, of Evansville, Indiana, was sentenced to 15 months in a work release center by U.S. District Judge Richard L. Young following his guilty plea to infringement of a copyright for the purpose of commercial advantage and private financial gain.

This case was the result of an investigation by the Federal Bureau of Investigation.

Sanners admitted that between May 1, 2007 and Oct. 12, 2007, he reproduced, by electronic means, and then distributed 1,202 copies of copyrighted motion pictures in DVD format. Sanners offered the DVDs for sale to customers using catalogs.

Judge Young also ordered Sanners to make restitution in the amount of $23,979 while serving a term of three years of supervised release.

Most copyright litigation is civil in nature, meaning a court finds that a defendant has infringed and orders the defendant to pay either statutory damages or actual damages and profits. However, this case emphasizes that there are also criminal copyright penalties, and Congress has shown recent interest in increasing these penalties. It should be noted that there was certainly more to this case than just copyright infringement. The DVDs were discovered along with drugs at an Evansville home daycare which only months earlier had been the site of a pornography sting. The prosecutors certainly had these folks on their radar.

Source: Evansville Courier

For those interested, here’s the relevant provision of the Copyright Law:

§ 506. Criminal offenses

(a) Criminal Infringement. —

(1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed —

(A) for purposes of commercial advantage or private financial gain;

(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

Indiana-based Carpenter Realtors rolls out custom Mobile App

19 Friday Mar 2010

Posted by Kenan Farrell in Branding, Indiana, Social Media, Tech Developments

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Indiana-based Carpenter Realtors may be the first residential real estate brokerage in the Indianapolis area to use tag-reading technology for smart phones.

Specialized bar codes will be on Carpenter materials ranging from print advertisements to yard signs. When the phone snaps a picture of the bar code, the square footage, taxes and other information pops up on the screen. So does an offer to tour the property via video or photo gallery.

For the full story, see IBJ.com.

All the Good Band Names are Taken

24 Wednesday Feb 2010

Posted by Kenan Farrell in Intellectual Property, Just for Fun, Musicians, Trademark

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The Wall Street Journal has a nice article re: band names and trademark law.

When former Led Zeppelin bassist John Paul Jones recently formed a new rock band, the music flowed easily. The struggle: inventing a name for the group.

Between takes in a recording studio, Mr. Jones brainstormed about names with his new band mates, including former Nirvana drummer Dave Grohl, then checked them online. Their first choice, Caligula, turned up at least seven acts named after the decadent Roman emperor, including a defunct techno outfit from Australia. Eventually the rockers decided on Them Crooked Vultures. The words held no special meaning.

“Every other name is taken,” Mr. Jones explains. “Think of a great band name and Google it, and you’ll find a French-Canadian jam band with a MySpace page.”

For the full article, click here.

Here’s my list of greatest band names:

5. The Grateful Dead

4. Dr. Teeth and the Electric Mayhem

3. BIG BLUE WHALE

2. Black Sabbath

1. The Band

What are your favorite band names?

Embracing Social Media: What, How, Why Not. Part III – Legalities of Web 3.0 – TechPoint Event 3/5/10

22 Monday Feb 2010

Posted by Kenan Farrell in Bloggers, Indiana, Intellectual Property, Just for Fun, Tech Developments

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Tags

TechPoint

Navigating the legal waters of advertising and marketing can be difficult task alone when utilizing traditional options, but how does this change when marketing within the digital world? In our third session of this series, we look at the many legal issues surrounding social media and online marketing.

Speakers:

David Wong, Attorney, Barnes & Thornburg
Mary E. Innis, Partner/Chair of the Advertising & Marketing Practices Group, Barnes & Thornburg LLP

Date: March 5, 2010

8:00 a.m. Registration and continental breakfast
8:30 – 9:30 a.m. Presentation

Click here to register.

Hope to see you there!

NFL to allow Super Bowl in Churches?

25 Monday Jan 2010

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Just for Fun, Trademark

≈ 1 Comment

The last time Peyton Manning was leading the Indianapolis Colts on a championship run, the NFL clamped down on the ability to watch the big game in churches. The NFL sent letters to churches informing them that airing the game would be a violation of the NFL’s copyright and trademark rights. However, last year the NFL called a reverse and allowed viewing in churches under certain conditions.

So what’s the NFL’s policy this year? Unless we hear otherwise, we have to assume that the NFL is sticking to last year’s policy that churches can air the Super Bowl without violating copyright laws. I’ll let you know as soon as I hear something that would suggest otherwise.

So start planning those parties…Go Colts!

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