24 Monday Jan 2011
Posted in Intellectual Property
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Come join expert panelists as they share insights on the intersections of technology and technology where you least expect it.
Speakers:
February 4, 2011
8:00 a.m. Registration and continental breakfast
8:30 – 9:30 a.m. Presentation
Click HERE to register.
There is no charge to attend, but please register.
24 Monday Jan 2011
Posted in Copyright, Entertainment Law, Intellectual Property, Trademark
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The last time Peyton Manning was leading the Indianapolis Colts on a championship run (it’s been awhile), the NFL clamped down on the ability to watch the big game in churches. The NFL sent letters to churches informing them that airing the game would be a violation of the NFL’s copyright and trademark rights. However, two years ago the NFL appeared to call a reverse and allowed viewing in churches under certain conditions.
So what’s the NFL’s policy this year? Since there’s been no indication to the contrary, it seems the NFL is sticking to the policy that churches can air the Super Bowl without violating copyright laws. So start planning those parties!
For those who don’t know, here’s How to Host a Church Super Bowl Party.
19 Wednesday Jan 2011
Posted in Intellectual Property
Tags
Andrew P. Rodovich, Common Law Trademark Infringement, Cyberpiracy under the Lanham Act, Declaratory and Injunctive Relief, Dilution, False Designation of Origin, Litigation Update, Passing Off, Philip P. Simon, Trademark Infringement
Purdue University, a world-renowned institution of higher learning, is located in West Lafayette, Tippecanoe County, Indiana. In late 2009, the Defendants announced their intention to hold a foot racing event called “Home of Purdue Half Marathon” in the Lafayette-West-Lafayette area. Purdue’s attorneys sent the standard cease-and-desist letters objecting to the use of the University’s trademarks. Nevertheless, Defendant continued to advertise the event as being connected to and affiliated with the University. The event was run on Oct. 24, 2010 without permission from Purdue University.
This case was removed from Tippecanoe Circuit Court.
Court Case Number: 4:11-cv-00005-PPS -APR
File Date: Thursday, January 13, 2011
Plaintiff: Trustees of Purdue University
Plaintiff Counsel: William P. Kealey of Stuart & Branigin LLP
Defendant: Reinke Sports Group LLC, Dean Reinke, Allsportcentral.com Inc.
Defendant Counsel: Matthew S Tarkington and Peter S French of Lewis & Kappes PC
Cause: Declaratory and Injunctive Relief, Trademark Infringement, Common Law Trademark Infringement, False Designation of Origin, Dilution, Cyberpiracy under the Lanham Act, Unfair Competition by Passing Off
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Andrew P. Rodovich
17 Monday Jan 2011
Plaintiff operates a daily newspaper called THE ELKHART TRUTH in Elkhart, Indiana. Defendant publishes a periodical called I.C.U. (Indiana Criminals Uncovered) MUG SHOTS. I.C.U. MUG SHOTS apparently copies news stories relating to crime and arrests directly from Plaintiff’s paper and sells the reprints for $1.50 a copy in Elkhart.
I can see why The Elkhart Truth would get tired of sending out its reporters to dig up info only to have another local paper photocopy their stories and republish. But, on some levels, isn’t Defendant doing a public service by helping spread information about criminals? Defendant certainly considered the copyright issues, as he included the following disclaimer:
“The information provided by Indiana Criminal Uncovered (ICU) Mugshots is of public record in accordance with Indiana Code 5-14-3-5. The information relates only to arrest, bookings, and preliminary charges. It does not address guilty pleas, convictions, or criminal sentences. All persons in this publication are innocent until provent guilty”
Whether the disclaimer can protect him will be determined by this lawsuit.
Defendant is running the old-school equivalent of a criminal law blog, which of course requires a little money for printing and distribution. Defendant is correct that mug shots and arrest records are public information. However, it appeared that Defendant copied the articles directly and distributed the reprints in the same geographic market, Elkhart.
While it’s likely that some people may not buy the Truth if they can get crime news from Defendant, there is apparently a wholly separate market of people who want crime stories but not the rest of the news content contained in a regular issue of the Truth. If so, Defendant may be able to continue to serve this audience, but will probably want to do more of his own fact-finding and reporting.
Court Case Number: 3:11-cv-00017-JD-CAN
File Date: Thursday, January 13, 2011
Plaintiff: Truth Publishing Company Inc.
Plaintiff Counsel: Steven M. Badger of Bose McKinney & Evans LLP
Defendant: Kristopher C. Campbell
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein
14 Friday Jan 2011
Posted in Indiana, Intellectual Property, Litigation, Trademark
Tags
Breach of Settlement Agreement, Common Law Trademark Infringement, False Description, Federal Trademark Infringement, Litigation Update, Roger B. Cosbey, Rudy Lozano, Unfair Competition
Plaintiff, an Iowa corporation, has used the trademark “TURBO” in connection with agricultural products like Coulter blades, disk blades, sweeps, plow shares and other tillage tools since 2005. The trademark was registered in 2007 for “Agricultural machine parts, namely, blades.” Defendant, an Indiana corporation, is allegedly selling similar goods under the same mark. In an effort to resolve the matter, the parties entered into a Settlement Agreement in 2009, which Defendant has allegedly now breached.
Court Case Number: 1:11-cv-00021-RL -RBC
File Date: Friday, January 14, 2011
Plaintiff: Osmundson Mfg. Co.
Plaintiff Counsel: Larry L. Barnard and Adrienne C. Romary of Carson Boxberger LLP
Defendant: CFC Distributors Inc.
Defendant Counsel: Paul B. Overhauser of Overhauser & Lindman LLC
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Unfair Competition, False Description, Breach of Settlement Agreement
Court: Northern District of Indiana
Judge: Judge Rudy Lozano
Referred To: Magistrate Judge Roger B. Cosbey
Indiana Intellectual Property Blog 