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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Indiana

Indiana Space Travels Exhibit at State Fair, August 7-23

05 Wednesday Aug 2009

Posted by Kenan Farrell in Indiana, Just for Fun, Tech Developments

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Indiana Space Travels

This year’s Indiana State Fair (starting this Friday, August 7) will go far beyond its popular farm-related exhibits to include a toast to the state’s contributions to space exploration.

The Indiana Space Travels exhibit opens Friday in the fairgrounds’ Grand Hall and runs throughout the fair, which ends Aug. 23.

The exhibit traces Indiana’s contributions to aeronautics, dating back to an 1859 hot air balloon flight from Lafayette that was the nation’s first airmail delivery.  The exhibit will also include a Mars roving unit, replicas of a space capsule and the Hubble Telescope, a modular mission control board and artifacts from various space missions.

Former NASA astronaut and Purdue University grad Mark Brown, who flew on two space shuttle missions, will attend Friday’s opening.

Source: Indiana Space Grant Consortium

Wind Power Conference Opens in Indianapolis

21 Tuesday Jul 2009

Posted by Kenan Farrell in Indiana, Tech Developments

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Indianapolis, WIndiana

windiana

The second annual WIndiana conference opens today, July 21, at the Indianapolis Convention Center (full agenda).  The 2-day conference focuses on wind resources in Indiana for both utility level wind development, urban or smaller wind power, helping Indiana manufacturers enter or expand their presence in the wind industry supply chain, and what the future holds for the wind industry in the state. Both Governor Mitch Daniels and Lt. Governor Becky Skillman are addressing the conference.

Along with general sessions, WIndiana includes two separate tracks, Wind Resources and Indiana’s Wind Supply Chain. The three supply chain sessions will include topics such as Indiana Site Selection for Manufacturing Opportunities, Supply Chain Basics, and Supply Chain Nuts and Bolts.

The American Wind Energy Association has ranked Indiana as the fastest-growing state for wind energy in 2008 and by the end of 2009, Indiana is on track for growth this year of more than 600%, which would again lead the nation. Indiana is on track to have 5,000 MW of wind capacity by 2013 and Indiana has thus far made good use of its endowments, and its current installed wind power capacity ranks it 14th among states.

Indiana is ranked sixth in the nation for manufacturing job creation in the wind industry. There are 45,794 Hoosiers working in jobs directly related to the renewable energy industry, generating $11.17 Billion in annual output, which is over 2 percent of Indiana’s total output.

Additional information is available at the OED Web site, www.energy.IN.gov.

Source: Inside INdiana Business

Indiana Trademark Litigation Update – Heckler & Koch v. Tippman Sports, Tigerstripe Paintball

07 Thursday May 2009

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

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Tim A. Baker, William T. Lawrence

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

heckler1Leave a comment with your email if you’d like a copy of the full Complaint.

Indiana Patent Litigation Update

26 Thursday Feb 2009

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

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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.

Indiana Trademark Litigation Update – Boss Products v. Port-A-Pit Bar-B-Que of Edgerton

11 Wednesday Feb 2009

Posted by Kenan Farrell in Indiana, Litigation, Northern District of Indiana, Trademark

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Robert L. Miller

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.

port-a-pit3

port-a-pit2

port-a-pit1

Courtesy of Willamette Law Online

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