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~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Indiana

Indiana Court of Appeals Rules on Jury Access to Digital Evidence

16 Thursday Dec 2010

Posted by Kenan Farrell in Indiana, Litigation

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Indiana Court of Appeals

The Indiana Court of Appeals recently overturned a jury verdict because the trial court did not provide the jury with the ability to examine digital evidence during its deliberations in Arlton v. Schraut, Cause No. 79A02-0906-CV-541. The court’s ruling is likely to be an important decision governing how digital evidence is to be made accessible to juries in the future.

Key exhibits at the trial were three CD-ROMs containing a series of digital photos, called angiograms, which showed the back of Arlton’s left eye before and after laser surgery on the retina. During testimony from various witnesses, both parties showed the jury enlarged images of the angiograms using the CD-ROM discs, a projector and a screen. But the trial court did not provide the CD-ROMs to the jury to examine during deliberations.

The Indiana Court of Appeals held that the jury should have been allowed to view the CD-ROM discs during deliberations:

“We do not presume to set forth one all-encompassing rule regarding providing the jury access to digital evidence. The solutions could be as simple as … transforming the evidence into a medium that is accessible without a computer. Or the court or parties could provide the jury with a ‘clean’ computer, i.e., one that contains no other information and which has no ability to access the Internet…. But whatever solution is agreed upon or decided upon is better than admitting digital evidence, and then giving the jurors no means of accessing it. Digital evidence should not be relegated to muteness.”

Source: ComputerUser

Klipsch to sponsor World Series of Poker

13 Monday Dec 2010

Posted by Kenan Farrell in Indiana, Indianapolis, Musicians, Tech Developments, Trademark

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World Series of Poker

Indianapolis-based Klipsch, a leading global speaker manufacturer, has announced a strategic sponsorship of the World Series of Poker (WSOP), a world-renowned series of poker tournaments held annually in Las Vegas. Effective immediately, Klipsch will be an official sponsor and the KLIPSCH brand will be highly visible during all WSOP events.

Indiana Trademark Litigation Update – Traveler’s Joy v. Haycco

12 Sunday Dec 2010

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

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Dilution, Federal Trademark Infringement, Litigation Update, Tanya Walton Pratt, Tim A. Baker, Unfair Competition

Traveler’s Joy Inc. v. Haycco, LLC

Straightforward trademark dispute with a hint of intentional imitation. Plaintiff has used the TRAVELER’S JOY trademark in connection with gift registry services since 2005. Defendant operates a honeymoon registry service at joyhoneymoon.com.  The Complaint doesn’t specify how long Defendant has been using the JOYHONEYMOON mark but the copyright notice on their website is 2009.

TRAVELER’S JOY v. JOY HONEYMOON…confusingly similar?

Court Case Number: 1:10-cv-01574-TWP-TAB
File Date: Tuesday, December 07, 2010
Plaintiff: Traveler’s Joy Inc.
Plaintiff Counsel: Robert L. Barlow, III of Bahret & Associates
Defendant: Haycco, LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Dilution of Famous Mark
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

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Purdue Chemist to receive Nobel Prize for Chemistry

10 Friday Dec 2010

Posted by Kenan Farrell in Indiana, Intellectual Property, Tech Developments

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Chemistry, Purdue

Ei-ichi Negishi, Distinguished Professor of Organic Chemistry at Purdue University, will be awarded the Nobel Prize for Chemistry today in Stockholm, Sweden.

In speaking of the award, Negishi displayed the optimism found among many chemists: “We believe as chemists that we can sort in a satisfactory way many of the problems that we face today — food issues, energy issues and global warming issues — in chemical, if I may say so, (a) predominantly organic chemical way.”

Congrats and good luck to Ei-ichi Negishi!

2009 Prize:

Source: Indy Star

Indiana Trademark Litigation Update – Connecticut Electric v. Pacific Coast Breaker et al

26 Friday Nov 2010

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

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Common Law Trademark Infringement, Counterfeiting, False Designation of Origin and False Description of Fact, Forgery, Larry J. McKinney, Litigation Update, Tim A. Baker, Trade Dress Infringement, Trademark Counterfeiting, Trademark Dilution, Trademark Infringement, Unfair Competition

Connecticut Electric, Inc. v. Pacific Coast Breaker, Inc. et al

Plaintiff owns the  ZINSCO mark, which has been in use in connection with circuit breakers since 1974. Defendant initially bought Plaintiff’s circuits breakers for resale but then allegedly began manufacturing and selling its own counterfeit circuit breakers bearing the ZINSCO mark. Plaintiff also claims trade dress in the overall look and feel of the circuit breakers.

This case has an interesting public health component. Unlike the original ZINSCO breakers, which undergo a certification process, the knock-off breakers have not been tested (and therefore are not marked with the certification mark of a national testing lab). Let’s hope not many homes have had faulty ZINSCO breakers installed.

Court Case Number: 1:10-cv-01440-LJM-TAB
File Date: Tuesday, November 09, 2010
Plaintiff: Connecticut Electric, Inc.
Plaintiff Counsel: Douglas B. Bates of Stites & Harbison LLP, Vincent Allen of Carstens & Cahoon LLP
Defendant: Pacific Coast Breaker, Inc., PC Systems, Inc.
Cause: Trademark Counterfeiting, Trademark Infringement, Federal Trademark Dilution, Unfair Competition, False Designation of Origin & False Description, Trade Dress Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery Under IC 35-43-5-2(b), Counterfeiting Under IC 35-43-5-2(a)
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Tim A. Baker

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