Category Archives: Intellectual Property

Indiana Trade Secret Litigation Update – Ray’s Trash Service, Inc. v. Robert Miller et al

28 Thursday Oct 2010

Posted by in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Secret

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Ray’s Trash Service, Inc. v. Robert Miller et al

The Defendant individuals were former employees of Plaintiff, Ray’s Trash Service, Indy’s largest recycling and waste disposal operation. Following their resignation, the Defendants allegedly entered into a campaign to solicit Plaintiff’s customers, in violation of non-compete and non-solicitation clauses from Plaintiff’s employment agreement.  Companies, do you have proper agreements in place with your key employees?

This case was removed from Hendricks County Superior Court.

Court Case Number: 1:10-cv-01302-TWP-DML
File Date: Monday, October 18, 2010
Plaintiff: Ray’s Trash Service, Inc.
Plaintiff Counsel: Christopher C. Murray, Todd J. Kaiser of Ogletree Deakins Nash Smoak & Stewart
Defendant: Robert Miller, Vicki Murphy, C&A Express, Inc., Todd Roberts
Defendant Counsel: William O. Harrington and Bettie Harrington on behalf of Robert Miller, Amanda L. Asbury and Anthony Scott Chinn on behalf of remaining Defendants
Cause: Replevin, Conversion, Breach of Contract, Breach of Fiduciary Duty, Misappropriation of Trade Secrets, Tortious Interference with Contractual Business Relations, Computer Trespass
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Knox Fertilizer Company Inc. v. Appeal of a Decision by the Trademark Trial & Appeal Board

26 Tuesday Oct 2010

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

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Knox Fertilizer Company Inc. v. Appeal of a Decision by the Trademark Trial & Appeal Board

If a trademark applicant is denied federal registration by a trademark examiner at the U.S. Trademark Office, that denial may be appealed to the Trademark Trial & Appeal Board (“TTAB”). Decisions of the TTAB may, in turn, be appealed to a United States district court.  Plaintiff in this matter has appealed the TTAB’s decision to uphold denial of its PLATINUM TURF FERTILIZER mark (the mark was denied registration based on a likelihood of confusion with a registered PLATINA mark for fertilizers and plant growth regulators).

Rather than cut their losses and proceed with a rebrand to a non-confusing, less generic and probably stronger trademark, the Plaintiff/Applicant has instead decided to hire a team of litigators and see whether a federal court can do a better job at trademark examination than the Trademark Office. I’ll keep you updated.

Court Case Number: 3:10-cv-00422-JVB -CAN
File Date: Wednesday, October 13, 2010
Plaintiff: Knox Fertilizer Company Inc.
Plaintiff Counsel: Daniel Tychonievich, Edward A. Sullivan III, Larry E. LaTarte Jr. of Baker & Daniels
Defendant: Appeal of a Decision by the Trademark Trial & Appeal Board
Cause: No Likelihood of Confusion
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trade Dress Litigation Update – Top Ten Imports, LLC v. BMX Imports, LP

25 Monday Oct 2010

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

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Top Ten Imports, LLC v. BMX Imports, LP

Here’s an interesting case in which the Plaintiff seeks to protect the unique design of  a space heater. Plaintiff manufactures the iHeater. Defendant has been manufacturing and marketing space heaters with a similar(?) design, the HeaterPRO (see images below). The ultimate question is whether a space heater design can even be protected. After all, are there many things more utilitarian than a space heater? Plaintiff tries to cover all bases just in case, relying on copyright, trade dress and even a design patent.

Court Case Number: 1:10-cv-01287-SEB-DML
File Date: Wednesday, October 13, 2010
Plaintiff: Top Ten Imports, LLC
Plaintiff Counsel: James M. Hinshaw and Alex E. Gude of Bingham McHale LLP
Defendant: BMX Imports, LP
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

The Rise Of Publicity Rights Litigation

22 Friday Oct 2010

Posted by in Indiana, Intellectual Property, Litigation

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There’s a nice summary of publicity rights lawsuits over at TechDirt and I also highly recommend the underlying article which discusses the history of publicity rights from assorted viewpoints (including an appearance by Indianapolis attorney Jonathan Faber).

Indiana has some of the most expansive publicity rights laws in the nation.  Indiana grants rights to an individual and his agent for 100 years after death, and the protections cover use of a person’s name, voice, signature, photograph, image, likeness, distinctive appearance, gesture and mannerisms.

“There are a lot of reasons publicity rights battles seem to be growing: more laws, plaintiff-friendly jurisdictions, no consistent bright-line rules about what plaintiffs have to show, and a newfound sensitivity prompted by the digital age.”

Upcoming Seminar – Fashioning the Law of Design: Wearable Intellectual Property

21 Thursday Oct 2010

Posted by in Artists, Copyright, Indianapolis, Intellectual Property, KLF Legal, Trademark

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Even before designers’ creations adorn the world’s most beautiful stars at red carpet events, their works are being “knocked off” by discount retailers all over the world. Legislation pending before Congress would give designers intellectual property rights over their designs for the first time in U. S. history.

Will this help or hinder the fashion industry? Will designers finally be able to prevent unauthorized reproductions? Or will their creativity be hobbled if they can’t borrow inspiration from each other?

Join us Nov. 9 for a lively discussion of this law frontier during the annual Jordan H. and Joan R. Leibman Forum on the Legal & Business Environment of Art.

Kenan Farrell, founder of KLF Legal, and Beth Bennett, founder of Beth Bennett Couture, will describe fashion’s special status in intellectual property law and take questions from the audience as they present “Fashioning the Law of Design: Wearable Intellectual Property.”

Farrell is an IU Law-Indianapolis alumnus who started his Intellectual Property and Entertainment law firm in the Arts and Theater District on Mass. Ave. His practice focuses on the strategic development and protection of creative properties. He represents clients in music, film, theater, television, book publishing and the visual arts throughout the U. S. and abroad. He is the current chairman of the Indianapolis Bar Association’s Solo and Small Firm Committee and also serves on the board of the Sports & Entertainment Committee. He’s an in-demand speaker on a wide range of intellectual property, entertainment and practice management topics.

Beth Bennett holds a B.F.A. degree from DePaul University and a M.F.A. from New York University. Trained as a costume designer for stage and screen, she is the founder and owner of Beth Bennett Couture, the umbrella company for B Trousseau Couture, a line of custom bridal and luxury gowns, and Picnic, a line of daywear separates and dresses that include one-of-a-kind pieces and a limited number of manufactured styles.

The lecture will take at place at 5:30 p.m. at the Indiana University School of Law—Indianapolis, Inlow Hall, 530 W. New York Street, in the Wynne Courtroom (room 100). A reception in the Conour Atrium will follow. Parking is available for a nominal fee at the Natatorium Garage two blocks west of the law school.

Continuing Legal Education Credit (1.3 Hours) will be available for attendance.

This presentation is part of the annual Jordan H. and Joan R. Leibman Forum, which was established at IUPUI in 2004 as an interdisciplinary examination of the legal and business aspects of the arts among the IU Kelley School of Business, the IU School of Law-Indianapolis and Herron School of Art and Design.

Click here for more info.