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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Litigation

New Book – Justices of the Indiana Supreme Court

18 Friday Feb 2011

Posted by Kenan Farrell in Authors, Indiana, Intellectual Property, Litigation, Supreme Court

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Justices of the Indiana Supreme Court, a 467-page multi-author volume exploring the lives of the 106 Justices of the Court, is now available from the Indiana Historical Society Press.  Edited by Linda C. Gugin and James E. St. Clair, it examines the lives of the 106 men and women who have sat on the state’s highest court.  The book includes an introduction by the Chief Justice of the United States, John G. Roberts Jr.

With 72 authors, the book captures details of the lives of the self-taught, circuit riding Justices from the early days of statehood through the 21st century Justices now serving on the Court.  Photographs, including those from previously unpublished private family collections, complete the edition.  The public can purchase the book at the Indiana Historical Society for $37.95.

The Supreme Court’s educational outreach program, “Courts in the Classroom” (CITC) collaborated with the Indiana Historical Society Press on Justices of the Indiana Supreme Court.  The Indiana Bar Foundation made a grant in support of the project.  CITC’s primary objective is to help educators, students, historians, and interested citizens learn about the history and operation of Indiana’s judicial branch.  As part of its outreach, CITC provides free lesson plans to teachers, interactive programs in the state Supreme Courtroom and publications about Indiana’s legal history.  For more information please contact Dr. Elizabeth R. Osborn at eosborn@courts.state.in.us or visit courts.in.gov/citc.  CITC will offer the book to schools and libraries across the state at no cost.

Chief Justice Randall T. Shepard sees the book as a valuable addition to civics education.   “This book has remarkable historic value,” explained Chief Justice Shepard.  “We are thrilled that students, educators and the public will have this resource that showcases the rich history of the third branch of government.”

The Indiana Supreme Court and CITC previously collaborated with the Indiana Historical Society Press on the publication of Hoosier Justice at Nuremberg ($6.95). The Nuremberg book, by Suzanne S. Bellamy, examines the roles of two Indiana Supreme Court Justices in post-World War II Germany.  In 1947, Justices Frank Richman of Columbus and Curtis Shake of Vincennes were called to serve as civilian judges in the Nuremberg tribunals.

These books and other Supreme Court publications (courts.in.gov/citc/bookstore.html) are available to libraries, teachers and all other educational institutions free of charge.  Requests should be sent to Sarah Kidwell at skidwell@courts.state.in.us.

A Continuing Legal Education program will be offered on Thursday, March 3, 2011 at 3:00 pm in the Supreme Court Courtroom featuring authors from the book.  Reservations are required.  Contact Elizabeth Osborn at eosborn@courts.state.in.us.

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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Tags

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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Tags

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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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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Tags

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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Tags

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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