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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Author Archives: Kenan Farrell

Horseshoe Casino prevails in trademark suit in Southern District

07 Saturday Feb 2009

Posted by Kenan Farrell in Litigation, Trademark

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Indiana, Trademark

The Indiana Law Blog has a post up on a trademark decision in the Southern District of Indiana.  Click here for their full analysis.

“A federal judge has ruled that a New Albany strip club’s use of the name II Horseshoes and a golden horseshoe logo amounts to trademark infringement on nearby Horseshoe Casino.

U.S. District Judge Sarah Evans Barker signed a consent judgment and issued a permanent injunction this week ordering John Mattingly, the owner of II Horseshoes Gentleman’s Club on Old River Road, to stop any use of the Horseshoe name or its trademarked golden horseshoe.

The court also ordered Mattingly to remove the image from any advertising and promotional material, including signs, banners, cocktail napkins, clothing, business cards and receipts.”

Horseshoe Application

The Horseshoe Casino/Hotel trademarks (Reg. Nos. 1839688, 2370824; App. No.  77/657,333) are owned and managed by Harrah’s License Company.

For those not familiar with Indiana gaming law, apparently casinos can’t be on dry land, hence the silliness (pictured below) of putting the casino in a puddle of water and calling it a riverboat.

The Horseshoe Casino, by the way, is hosting a satellite tournament on Feb. 29 that could earn you a seat at the 2009 World Series of Poker Main Event in Las Vegas.  Good luck!

Horseshoe Casino

Indiana Patent Litigation Update

05 Thursday Feb 2009

Posted by Kenan Farrell in Litigation, Patent

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Eli Lilly & Co. v. Invagen Pharmaceuticals, Inc.
1:09-cv-00087; filed January 28, 2009 in the Southern District of Indiana

Infringement of U.S. Patent Nos. 6,458,811 (“Benzothiophenes Formulations Containing Same and Methods,” issued October 1, 2002), 6,797,719 (same title, issued September 28, 2004), and 6,894,064 (same title, issued May 17, 2005) following a Paragraph IV certification as part of Invagen’s filing of an ANDA to manufacture a generic version of Lilly’s Evista® (raloxifene, used for the prevention and treatment of osteoporosis in postmenopausal women and for the reduction in risk of invasive breast cancer in postmenopausal women with osteoporosis and in postmenopausal women at high risk of invasive breast cancer).  View the complaint here.

Courtesy of Patent Docs

Global recession increasing intellectual property risks, Purdue study finds

04 Wednesday Feb 2009

Posted by Kenan Farrell in Intellectual Property, Patent

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Indiana, Intellectual Property, Purdue

A new study conducted by Purdue University researchers notes that the global recession is putting vital information, including valuable intellectual property assets, at greater risk than ever before.  The study was commissioned by McAfee and conducted by researchers from Purdue’s Center for Education and Research in Information Assurance and Security (CERIAS).

CERIAS

Of 800 senior IT decision makers surveyed in the U.S., UK, Germany, Japan, China, India, Brazil and the Middle East, it was estimated that a combined $4.6 billion worth of intellectual property was lost in 2008 alone, and approximately $600 million was spent repairing damage from data breaches.  Based on these numbers, McAfee projected that companies worldwide lost more than $1 trillion last year.

“Companies are grossly underestimating the loss, and value, of their intellectual property,” said Eugene Spafford, professor of computer science at Purdue and executive director of CERIAS. “Just like gold, diamonds or crude oil, intellectual property is a form of currency that is traded internationally, and can have serious economic impact if it is stolen.”

McAfee and CERIAS identify three trends that will make critical information more vulnerable:

The first trend is that the insider threat will grow. Business failures, mass layoffs, decimated markets and a poor economic outlook will lead to a vastly increased number of financially desperate current employees and laid-off staff stealing valuable corporate information, both for financial gain and to improve their job opportunities.

Secondly, there will be more sophisticated and targeted attacks from cybercriminals. Attackers will comb blogs, press releases, magazine and newspaper articles, corporate information databases and social networking sites to gather details of executives’ public and private lives in order to gain access to user IDs, passwords, financial and systems account information and other sensitive corporate data. Web 2.0 technologies and cloud computing where people collaborate, share and use existing components to build new applications will create an environment of great innovation but can also create a back door for cybercriminals to steal sensitive data.

The third trend that McAfee observed was geo-information “hot zones.” As China and Russia’s economies soften, there will be even more pressure to “appropriate” intellectual property as a means to continue economic growth. Organized crime and state-sponsored groups in both Russia and China will continuously seek out new and profitable targets. Pakistan looms as potentially the largest threat, with attackers motivated by ideology rather than economic gain.

As information becomes increasingly vulnerable, it’s important to take extra precautions to maintain and enforce your intellectual property rights.  Make sure that your company is protecting it’s valuable IP assets and not letting your investment slip out the back door!

Indiana’s Green Technology Future

03 Tuesday Feb 2009

Posted by Kenan Farrell in Tech Developments

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Green technology, Indiana, Initiatives, Legislation

The United States overtook Germany as the biggest producer of wind power last year, and will likely take the lead in solar power this year.  U.S. wind power capacity surged 50 percent last year to 25 gigawatts – enough to power more than five million homes. “Governments must send a strong and unequivocal signal that the age of fossil fuels is over,” said Steve Sawyer, secretary general of the Global Wind Energy Council.

This is great news for the U.S., but what does it mean for Indiana?  Is Indiana ready to jump into the green technology movement?  Can coal-dependent Indiana benefit from a shift to wind, solar or other green energy source?

Unfortunately, on wind power, the answer is probably no.  In order for an area to have suitable wind energy potential for wind turbine applications, it needs to have class 3 or greater annual average wind power.  Taking a look at a map of Indiana’s average wind power, it’s pretty apparent that, apart from Gary and areas bordering Lake Michigan, there just isn’t a lot of wind blowing here.  Class 1 and 2 wind power dominates the state map.

This doesn’t mean that technology won’t someday allow lower wind powers to be harnessed, but it does mean that current wind power providers are going to look outside Indiana for initial investment.  Indiana is not poised to be a breeding ground for new wind technology.

Notwithstanding wind power, Indiana does tout other renewable energy resources that can be tapped, such as clean, competitive, low-carbon energy, solar, biomass and geothermal energy.  The Green Jobs Development Act, comprised of two bills (Senate Bill 283 and House Bill 1349), is currently making its way through both Indiana legislative branches.  Listed below is a summary of the Act’s main points:

Click here for the full fact sheet, which additionally sets out how the Green Jobs Development Act will create new jobs and what happens with coal energy, on which Indiana is currently 96% dependent.  If you want to improve the chances of the Green Jobs Development Act being heard and passed, contact either (or both) of the Chairmen of the House Utilities and Senate Utilities Committees.  Email Chairman Win Moses (h81@in.gov) of the Indiana House about HB 1349 and Chairman James Merritt of the Indiana Senate (s31@in.gov) about SB 283.

Churches can air Super Bowl without violating copyright laws

27 Tuesday Jan 2009

Posted by Kenan Farrell in Copyright, Trademark

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Churches, Copyright Infringement, Edgerrin James, Super Bowl, Trademark Infringement

The NFL has called a reverse play…this year they will be allowing churches to show the Super Bowl on big screen TVs without fear of violating copyright laws. NFL spokesman Brian McCarthy says churches may now show the game on any size screen, as long as it’s in their normal meeting place and they don’t charge admission.

Two years ago, when Peyton Manning was leading the Indianapolis Colts on their 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, faced with the prospect of Congress enacting a change to copyright law, the NFL decided to instead toss this Hail Mary to church groups and let the game go on.

So while the Colts aren’t in the big game this year, church groups can now get together and root for local favorite Edgerrin James to win that long-awaited ring.  Cardinals 24 – Steelers 21.

Edgerrin James

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