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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Intellectual Property

Happy World Intellectual Property Day!!!

26 Monday Apr 2010

Posted by Kenan Farrell in Copyright, Intellectual Property, Patent, Trade Secret, Trademark

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WIPO

Most people are aware of intellectual property (IP) – of copyright, patents, industrial designs and trademarks.  But many still view these as business or legal concepts with little relevance to their own lives.  To address this gap, WIPO’s Member States decided in 2000 to designate an annual World Intellectual Property Day.  They chose April 26, the date on which the Convention establishing WIPO originally entered into force in 1970.

Each year, WIPO and its Member States celebrate World Intellectual Property Day with activities, events and campaigns. These seek to increase public understanding of what IP really means, and to demonstrate how the IP system fosters not only music, arts and entertainments, but also all the products and technological innovations that help to shape our world.

The aims of World IP Day are:

  • to raise awareness of how patents, copyright, trademarks and designs impact on daily life;
  • to increase understanding of how protecting IP rights helps promote creativity and innovation;
  • to celebrate creativity, and the contribution made by creators and innovators to the development of societies across the globe;
  • to encourage respect for the IP rights of others.

Greatest invention? The toilet snorkel.

For more info and suggested activities, see WIPO.

Indiana, LOVE artist, in Trademark Litigation

12 Monday Apr 2010

Posted by Kenan Farrell in Artists, Intellectual Property, Litigation, Trademark

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Pop artist Robert Indiana, best known for his LOVE statue (which was created in 1964 for a Christmas card for New York’s Museum of Modern Art) is being sued by a former business partner, John Gilbert.

Gilbert claims Indiana signed an agreement three years ago which allowed him to license sculptures and other pieces bearing the word “prem” (Sanskrit for “love”) in Indiana’s iconic style.

The deal apparently fell apart at some stage, leading to the cancellation of auctions at both Sotheby’s and Christie’s, and according to Gilbert’s breach of contract suit, kept him from “meeting [his] obligations under current contracts and jeopardized prospective contractual agreements with numerous third parties.”

Indiana, now 81 years old, has filed a counter-suit for alleged violations of trademark law, stating that he never signed an agreement.

For the full story, see The Gothamist.

Indiana Man Handed 15-Month Sentence for Copyright Infringement

30 Tuesday Mar 2010

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation

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David A. Sanners, 36, of Evansville, Indiana, was sentenced to 15 months in a work release center by U.S. District Judge Richard L. Young following his guilty plea to infringement of a copyright for the purpose of commercial advantage and private financial gain.

This case was the result of an investigation by the Federal Bureau of Investigation.

Sanners admitted that between May 1, 2007 and Oct. 12, 2007, he reproduced, by electronic means, and then distributed 1,202 copies of copyrighted motion pictures in DVD format. Sanners offered the DVDs for sale to customers using catalogs.

Judge Young also ordered Sanners to make restitution in the amount of $23,979 while serving a term of three years of supervised release.

Most copyright litigation is civil in nature, meaning a court finds that a defendant has infringed and orders the defendant to pay either statutory damages or actual damages and profits. However, this case emphasizes that there are also criminal copyright penalties, and Congress has shown recent interest in increasing these penalties. It should be noted that there was certainly more to this case than just copyright infringement. The DVDs were discovered along with drugs at an Evansville home daycare which only months earlier had been the site of a pornography sting. The prosecutors certainly had these folks on their radar.

Source: Evansville Courier

For those interested, here’s the relevant provision of the Copyright Law:

§ 506. Criminal offenses

(a) Criminal Infringement. —

(1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed —

(A) for purposes of commercial advantage or private financial gain;

(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

All the Good Band Names are Taken

24 Wednesday Feb 2010

Posted by Kenan Farrell in Intellectual Property, Just for Fun, Musicians, Trademark

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The Wall Street Journal has a nice article re: band names and trademark law.

When former Led Zeppelin bassist John Paul Jones recently formed a new rock band, the music flowed easily. The struggle: inventing a name for the group.

Between takes in a recording studio, Mr. Jones brainstormed about names with his new band mates, including former Nirvana drummer Dave Grohl, then checked them online. Their first choice, Caligula, turned up at least seven acts named after the decadent Roman emperor, including a defunct techno outfit from Australia. Eventually the rockers decided on Them Crooked Vultures. The words held no special meaning.

“Every other name is taken,” Mr. Jones explains. “Think of a great band name and Google it, and you’ll find a French-Canadian jam band with a MySpace page.”

For the full article, click here.

Here’s my list of greatest band names:

5. The Grateful Dead

4. Dr. Teeth and the Electric Mayhem

3. BIG BLUE WHALE

2. Black Sabbath

1. The Band

What are your favorite band names?

Embracing Social Media: What, How, Why Not. Part III – Legalities of Web 3.0 – TechPoint Event 3/5/10

22 Monday Feb 2010

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

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TechPoint

Navigating the legal waters of advertising and marketing can be difficult task alone when utilizing traditional options, but how does this change when marketing within the digital world? In our third session of this series, we look at the many legal issues surrounding social media and online marketing.

Speakers:

David Wong, Attorney, Barnes & Thornburg
Mary E. Innis, Partner/Chair of the Advertising & Marketing Practices Group, Barnes & Thornburg LLP

Date: March 5, 2010

8:00 a.m. Registration and continental breakfast
8:30 – 9:30 a.m. Presentation

Click here to register.

Hope to see you there!

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