07 Thursday May 2009
Court Case Number: 1:09-cv-00560-WTL-TAB
File Date: Wednesday, May 06, 2009
Plaintiff: Heckler & Koch, Inc.
Plaintiff Counsel: Brian J. McGinnis, Darlene R. Seymour of Continental Enterprises
Defendant: Tippman Sports LLC, Tigerstripe Paintball LLC
Cause: Trademark Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker
Leave a comment with your email if you’d like a copy of the full Complaint.
26 Thursday Feb 2009
Posted in Indiana, Litigation, Patent, Southern District of Indiana
Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2009)
On Feb. 24, 2009, the Federal Circuit affirmed a decision by the District Court for the Southern District of Indiana to extend the statutory 30-month stay under 21 U.S.C. § 355(j)(5)(B)(iii), thereby preventing the U.S. Food and Drug Administration from approving the Abbreviated New Drug Application (ANDA) filed by Defendant-Appellant Teva Pharmaceuticals USA, Inc.
See Patent Docs for the full case history and analysis.
11 Wednesday Feb 2009
Posted in Indiana, Litigation, Northern District of Indiana, Trademark
Tags
Boss Products, Inc. v. Port-A-Pit Bar-B-Que of Edgerton, Inc.
No: 3:05-CV-293 RM (February 4, 2009)
U.S. District Court, N.D. of Indiana
Before: Chief Judge Miller
For full opinion:
2009 U.S.Dist.LEXIS 8192
TRADEMARKS; LACHES
Opinion (Miller): Plaintiff Boss Products sued defendant Port-A-Pit Bar-B-Que of Edgerton, Ohio (Edgerton) for infringement of registered trademark (PORT-A-PIT) after Edgerton conducted business under PORT-A-PIT for 30 years. Defendant moved for summary judgment, arguing that Boss Products inexcusably delayed enforcement of its trademark rights and therefore its recovery should be barred under laches or acquiescence. The record indicated that Boss Products had knowledge of Edgerton’s use of the mark from the beginning and the 30 years of extreme delay would cause substantial prejudice if Edgerton was forced to rebuild its business under a new name. Edgerton’s motion for summary judgment was granted.
KLF Legal: Note that the PORT-A-PIT registration (abstract below) was assigned to Boss Products back in December ’04. Apparently, Boss continued to be unhappy about Edgerton’s use of the mark. Edgerton relied on the doctrine of “laches,” an equitable defense. This means that while Edgerton is legally infringing Boss’s trademark, it would be unfair to enforce the law against them. The person invoking laches (Edgerton) is asserting that the opposing party (Boss) has “slept on its rights”, and that, as a result of this delay, that other party is no longer entitled to its original claim. 3 years might be too long to wait and try to enforce your trademark rights…30 years is definitely too long.
Courtesy of Willamette Law Online
Indiana Intellectual Property Blog 