• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Copyright

Indiana Copyright Litigation Update – Bedrock Builders Inc. v. Town Square Homes, LLC et al

27 Wednesday Oct 2010

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

≈ Leave a comment

Tags

Architectural Drawings, Litigation Update, Richard L. Young, Tim A. Baker

Bedrock Builders Inc. v. Town Square Homes, LLC et al

Another case involving misappropriated architectural drawings. Home builders, you should know by now that architectural drawings are protected by copyright law. If there’s a floor plan you really like, just pay for it! The price is beans (approx. $700-1500) against the cost of building a home. The Defendants in this case allegedly took multiple tours of Plaintiff’s model homes and then proceeded to build a home strikingly similar to Plaintiff’s architectural drawings. The Complaint has a fairly detailed fact pattern to show wilful infringement.

Court Case Number: 1:10-cv-01294-RLY-TAB
File Date: Friday, October 15, 2010
Plaintiff: Bedrock Builders Inc.
Plaintiff Counsel: Brad R. Maurer, Louis T. Perry of Baker & Daniels
Defendant: Town Square Homes, LLC, Tony McLaughlin, Tom Mayer, Erin Mayer
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

View this document on Scribd

Indiana Trade Dress Litigation Update – Top Ten Imports, LLC v. BMX Imports, LP

25 Monday Oct 2010

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

≈ 1 Comment

Tags

Copyright Infringement, Debra McVicker Lynch, Litigation Update, Sarah Evans Barker, Trade Dress Infringement, Unfair Competition

Top Ten Imports, LLC v. BMX Imports, LP

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

View this document on Scribd

Upcoming Seminar – Fashioning the Law of Design: Wearable Intellectual Property

21 Thursday Oct 2010

Posted by Kenan Farrell in Artists, Copyright, Indianapolis, Intellectual Property, KLF Legal, Trademark

≈ Leave a comment

Tags

Fashion

Even before designers’ creations adorn the world’s most beautiful stars at red carpet events, their works are being “knocked off” by discount retailers all over the world. Legislation pending before Congress would give designers intellectual property rights over their designs for the first time in U. S. history.

Will this help or hinder the fashion industry? Will designers finally be able to prevent unauthorized reproductions? Or will their creativity be hobbled if they can’t borrow inspiration from each other?

Join us Nov. 9 for a lively discussion of this law frontier during the annual Jordan H. and Joan R. Leibman Forum on the Legal & Business Environment of Art.

Kenan Farrell, founder of KLF Legal, and Beth Bennett, founder of Beth Bennett Couture, will describe fashion’s special status in intellectual property law and take questions from the audience as they present “Fashioning the Law of Design: Wearable Intellectual Property.”

Farrell is an IU Law-Indianapolis alumnus who started his Intellectual Property and Entertainment law firm in the Arts and Theater District on Mass. Ave. His practice focuses on the strategic development and protection of creative properties. He represents clients in music, film, theater, television, book publishing and the visual arts throughout the U. S. and abroad. He is the current chairman of the Indianapolis Bar Association’s Solo and Small Firm Committee and also serves on the board of the Sports & Entertainment Committee. He’s an in-demand speaker on a wide range of intellectual property, entertainment and practice management topics.

Beth Bennett holds a B.F.A. degree from DePaul University and a M.F.A. from New York University. Trained as a costume designer for stage and screen, she is the founder and owner of Beth Bennett Couture, the umbrella company for B Trousseau Couture, a line of custom bridal and luxury gowns, and Picnic, a line of daywear separates and dresses that include one-of-a-kind pieces and a limited number of manufactured styles.

The lecture will take at place at 5:30 p.m. at the Indiana University School of Law—Indianapolis, Inlow Hall, 530 W. New York Street, in the Wynne Courtroom (room 100). A reception in the Conour Atrium will follow. Parking is available for a nominal fee at the Natatorium Garage two blocks west of the law school.

Continuing Legal Education Credit (1.3 Hours) will be available for attendance.

This presentation is part of the annual Jordan H. and Joan R. Leibman Forum, which was established at IUPUI in 2004 as an interdisciplinary examination of the legal and business aspects of the arts among the IU Kelley School of Business, the IU School of Law-Indianapolis and Herron School of Art and Design.

Click here for more info.

Underwriters Laboratories Introduces Global Anti-Counterfeiting Training Program

20 Wednesday Oct 2010

Posted by Kenan Farrell in Copyright, Intellectual Property

≈ Leave a comment

Tags

IP Crime

Underwriters Laboratories (UL), a world leader in safety testing and certification, is announcing a new training program to help educate law enforcement, regulatory authorities and private sector investigators on intellectual property (IP) crimes.

Developed in partnership with INTERPOL, the courses are designed to increase awareness and understanding of transnational organized IP crime syndicates and explore best practices that most effectively mitigate their activities. INTERPOL and UL will be showcasing program content at the 2010 International Law Enforcement Intellectual Property Crime Conference being held in Hong Kong, China from Oct. 19-21, 2010.

For more info, see WTHR.com.

Indiana Copyright Litigation Update – Hydraulic Marine Systems Inc. v. Mid-America Foundation Supply Inc.

20 Wednesday Oct 2010

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

≈ Leave a comment

Tags

Copyright Infringement, Deceptive Trade Practices, False Designation of Origin, Joseph S. Van Bokkelen, Litigation Update, Roger B. Cosbey, Trade Dress Infringement, Unfair Competition

Hydraulic Marine Systems Inc. v. Mid-America Foundation Supply Inc.

This case involves “barge thrusters”…think gigantic outboard motors for barges…and the copyrighted instructions thereto. Defendant allegedly bought a few barge thrusters from Plaintiff, slapped its own trademark on the thrusters, took a few pictures, and attempted to resell the product along with false claims regarding the thruster’s physical capabilities. Defendant is also alleged to have copied photographs and descriptions from Plaintiff’s copyrighted instructions.

Court Case Number: 1:10-cv-00344-JVB -RBC
File Date: Monday, October 04, 2010
Plaintiff: Hydraulic Marine Systems Inc.
Plaintiff Counsel: D. Randall Brown and Jennifer Rae Tudor of Barnes & Thornburg LLP
Defendant: Mid-America Foundation Supply Inc.
Cause: Copyright Infringement, False Designation of Origin, Trade Dress Infringement, Unfair Competition and Deceptive Trade Practices
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Roger B. Cosbey

View this document on Scribd
← Older posts
Newer posts →

Categories

  • Advertising Law (1)
  • Artists (23)
  • Authors (20)
  • Bloggers (37)
  • Branding (29)
  • Business Law (9)
  • Copyright (327)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (5)
  • Federal Initiatives (33)
  • Indiana (603)
  • Indianapolis (51)
  • Intellectual Property (662)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (595)
  • Musicians (13)
  • Nonprofit (6)
  • Northern District of Indiana (215)
  • Patent (44)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (56)
  • Southern District of Indiana (369)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (26)
  • Trade Secret (15)
  • Trademark (363)
  • What I'm Reading (8)

Bloggers Copyright Federal Initiatives Indiana Indianapolis Intellectual Property Legislation Litigation Northern District of Indiana Patent Social Media Southern District of Indiana Stories from the Week that Was Tech Developments Trademark

Blog at WordPress.com.

  • Subscribe Subscribed
    • Indiana Intellectual Property Blog
    • Join 81 other subscribers
    • Already have a WordPress.com account? Log in now.
    • Indiana Intellectual Property Blog
    • Subscribe Subscribed
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...