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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Indiana

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

15 Tuesday Jun 2010

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

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Conversion, Copyright Infringement, Debra McVicker Lynch, Larry J. McKinney, Saturday Evening Post Society v. Hungry Howie’s Pizza & Subs, Unjust Enrichment

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).

View this document on Scribd

Source: Bloomberg Businessweek

Congratulations to the 2010 Mira Award Winners

17 Monday May 2010

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

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Mira, TechPoint

The TechPoint Mira Awards, presented by BKD, are the premier technology awards program in the state of Indiana. Be sure to congratulate the following 2010 award winners:

Innovation of the Year: OrthoX, South Bend

New Media Excellence and Innovation: Imavex LLC, Noblesville

Information Technology: ExactTarget, Indianapolis

Information Technology Gazelle (startup): BlueLock LLC, Indianapolis

Excellence in Corporate Information Technology: Hill-Rom Holdings Inc., Batesville

Health Care Information Technology
: My Health Care Manager Inc., Indianapolis

Health and Life Sciences: Cook Biotech Inc., West Lafayette

Health and Life Sciences Gazelle (startup)
: Nico Corp., Indianapolis

Advanced Manufacturing: EnerDel Inc., Indianapolis

Distribution, Transportation and Logistics
: Redcats USA, Indianapolis

Education Contribution to Technology, Team
: Ball State University Center for Media Design

Education Contribution to Technology, Individual: Thomas Mason, Rose-Hulman Institute of Technology

Source: Indianapolis Business Journal

New Indiana Online Child Support Calculator

02 Friday Apr 2010

Posted by Kenan Farrell in Family Law, Indiana, Litigation, Supreme Court

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The Indiana Supreme Court has developed a new online child support calculator for use by attorneys, judges and other practitioners and a second one for use by parents. According to the Web site, the calculators were created as a tool to determine child support obligation. The one for parents also suggests it should not be used as a substitute for advice from a lawyer. They can be found at www.in.gov/judiciary/childsupport/. A downloadable calculator is currently in development.

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.

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