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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Intellectual Property

Indiana Trademark Litigation Update – Zimmer v. Ari Kresch

17 Thursday Feb 2011

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

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Christopher A. Nuechterlein, Common Law Product Disparagement, Common Law Trademark Infringement, Common Law Unfair Competition, Cybersquatting, Defamation, False Advertising, False Designation of Origin, Litigation Update, Tortious Interference with Business Relationships, Trademark Infringement, Unfair Competition, William C Lee

Zimmer Inc v. Ari Kresch et al

Court Case Number: 3:11-cv-00063-WCL -CAN

File Date: Wednesday, February 16, 2011

Plaintiff: Zimmer Inc
Plaintiff Counsel: Abigail M Butler, Angela K Hall, April Edwards Sellers, Joseph H Yeager, Jr., Kyle B Osting of Baker & Daniels
Defendant: Ari Kresch, Kresch/Oliver PLLC, Pulaski & Middleman LLC, Weller Green Toups & Terrell LLP, Kresch Legal Services PLC
Cause: Defamation, Tortious Interference with Business Relationships, False Advertising and Unfair Competition, Product Disparagement and Unfair Competition Under Common Law, Cybersquatting, Trademark Infringement, Unfair Competition and False Designation of Origin, Unfair Competition and Trademark Infringement Under Common Law
Court: Northern District of Indiana
Judge: Judge William C Lee
Referred To: Magistrate Judge Christopher A Nuechterlein

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Indiana Trademark Litigation Upate – White Lodging v. Mazer-Marino

11 Friday Feb 2011

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

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Debra McVicker Lynch, declaratory Judgment of Non-Infringement, Litigation Update, Sarah Evans Barker, Trademark Infringement

White Lodging Services Corporation v. Jil Mazer-Marino et al

Court Case Number: 1:11-cv-00208-SEB-DML
File Date: Thursday, February 10, 2011
Plaintiff: White Lodging Services Corporation                                                                                                                     
Plaintiff Counsel: Paul B. Overhauser of Overhauser & Lindman LLC
Defendant: Jil Mazer-Marino, Leroy Adventures, Inc.
Cause: Declaratory Judgment of Non-Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

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Businesses, Know thy Facebook Admin

10 Thursday Feb 2011

Posted by Kenan Farrell in Bloggers, Intellectual Property, Social Media

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Facebook

The new Facebook Pages (which I personally think are a nice upgrade) just made the workplace social media equation a little more complicated. Pages now act and feel like personal profiles and your organization’s Page can now post updates directly on other Pages’ Walls. The upgrade could be great for B2B networking, but it also enhances legal risks to Page admins and their organizations.

New Page Example: After logging in and upgrading the Page, I switched my Facebook access over to control of the Vonnegut Library (just click “Use Facebook as Page” under “Account” and it gives you a full list of the pages you admin).

Then I went to Nuvo‘s wall and posted a message. (Thanks Nuvo!) Rather than posting as Kenan Farrell, I’m now able to post as the Vonnegut Library.  For comparison, I also posted an update on Nuvo’s wall the “ol’-fashion” way, by tagging Nuvo in a status update.

While controlling a Page, the Notifications will be your Page’s notifications rather than personal notifications. The Friend tab will be all the folks who’ve “Liked” your Page.

You can see on the right in the image above, under the list of Admins, “Use Facebook as Kenan.” Facebook has made it extremely easy to switch back and forth between personal and business identities.

This upgrade goes a long way toward allowing businesses* to communicate independently of a particular individual’s identity. No longer restricted to their own Walls, Pages can go forth throughout Facebook and spread their unique message. Pages now allow organizations to more directly have a unified, branded voice in Facebook politics:

My caution to businesses…know your Page admins. Don’t give your company’s bullhorn to someone with whom you’ve had no discussion about communication strategy. Make sure they understand what is and isn’t appropriate to be saying on behalf of the company. Make sure they understand proper usage of trademarks, both yours and those of 3rd parties.

Admins must be increasingly mindful of which account they are posting from, especially since it is now so easy to switch back and forth between personal and business accounts (or switch to another unrelated Page account. I manage 8 accounts myself…what might be appropriate for one Page may not be from another). Defamation, privacy and securities lawsuits await the casual admin who makes personal comments from a business Page. FTC and unfair competition lawsuits await those who make business comments from a personal account (e.g. false testimonials, unsolicited endorsements).

Related note: be sure to have a CEO, owner or some other key employee listed as an Admin. With all the recent news about companies losing their domain names to wayward IT staff, you want to be sure you have a stake in your organization’s Facebook Page.

What do you think of the new Facebook Pages? A business communications boon or a legal minefield?

(*I use the term “business” broadly above. Read it to include most anybody who has a Page they’re using to promote a product or service.)

Indiana Copyright Litigation Update – Stephane Dion v. Allwin Powersports Corp.

08 Tuesday Feb 2011

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

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Breach of Contract, Conversion, Copyright Infringement, Declaratory Relief, Litigation Update, Misappropriation of Trade Secrets, Richard L. Young, Tim A. Baker, Unfair Competition

Stephane Dion et al v. Allwin Powersports Corporation, Inc. et al

Conventions don’t just bring tourists. They bring lawsuits too!

Dion, a Canadian motorcycle helmet designer, is suing an Illinois corporation whose principal is a Chinese national…in the Southern District of Indiana. What brings this illustrious crowd to our fair Hoosier Halls of Justice? It’s all because of the upcoming Dealer Expo 11.

Plaintiff has filed a Motion for Preliminary Injunction (see below) to stop Defendant from selling allegedly infringing motorcycle helmets at the upcoming Powersports tradeshow from Feb. 18-20 in Indianapolis.

The two parties had previously operated under a royalty agreement but Defendant apparently stopped making payments in 2010.

There should be some fairly quick updates in this case so check back soon.

Court Case Number: 1:11-cv-00173-RLY-TAB
File Date: Friday, February 04, 2011
Plaintiff: Stephane Dion, 91934885 Quebec Inc. dba Dion Designs
Plaintiff Counsel: Joseph Peter Rompala, Todd Arthur Richardson of Lewis & Kappes
Defendant: Allwin Powersports Corporation, Inc.
Arthur Liao
MHR Helmet Co. Ltd.
Foshan Shunde Fengxing Helmets Ltd.
Jiangmen Pengcheng Helmets Ltd.
Cause: Violation of Lanham Act, Copyright Infringement, Misappropriation of Trade Secrets, Breach of Contract, Conversion, Unfair Competition, Declaratory Relief
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

COMPLAINT:

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MOTION FOR PRELIMINARY INJUNCTION:

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BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION:

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Indiana Trademark Litigation Update – Noble Roman’s Inc. v. Brabham Oil Company

06 Sunday Feb 2011

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

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Breach of Contract, Debra McVicker Lynch, Litigation Update, Sarah Evans Barker, Trade Dress Infringement, Unfair Competition

Noble Roman’s Inc. v. Brabham Oil Company et al

Noble Roman’s has filed yet another trademark lawsuit (the 18th since 2007) to enforce the terms of an expired franchise agreement. The Indiana-based pizza chain alleges that the South Carolina-based gas station chain formerly operated seven Noble Roman’s franchise locations and continued to use Noble Roman’s trade dress after the franchise agreements terminated.

Court Case Number: 1:11-cv-00135-SEB-DML
File Date: Thursday, January 27, 2011
Plaintiff: Noble Roman’s Inc.
Plaintiff Counsel: Marisol Sanchez of Bose McKinney & Evans, LLP
Defendant: Brabham Oil Company, Brabham Oil Company dba E-Z SHOP
Cause: Lanham Act Trade Dress Infringement, Common Law Trade Dress Infringement, Federal Unfair Competition, Breach of Contract
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

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