Category Archives: Litigation

Indiana scientist accused of stealing trade secrets

20 Monday Sep 2010

Posted by in Indiana, Indianapolis, Intellectual Property, Litigation, Trade Secret

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Companies, are you protecting your valuable trade secrets? When was the last time you revisited your trade secret policy? A cautionary tale…Indianapolis-based Dow AgroSciences was recently the victim of an alleged “patient and calculated” plan to “drain” the company of technology that took 20 years to develop.

A former Indiana scientist accused of illegally sending trade secrets worth $300 million to China and Germany was ordered detained Tuesday on rare charges of economic espionage.

A federal indictment unsealed in Indianapolis alleges that 45-year-old Kexue Huang, who was born in China, passed on proprietary information about the development of organic pesticides to Hunan Normal University while he worked as a researcher for Dow AgroSciences in Indiana from 2003 to 2008.

Assistant U.S. Attorney Cynthia Ridgeway said Huang, a Canadian citizen with permanent U.S. resident status, used a “patient and calculated” plan to “drain” the Indianapolis-based company of technology that took 20 years to develop.

The indictment alleges that Huang published a paper in China about the organic pesticides and also directed students at Hunan Normal in further research.

Source: Associated Press (August 31, 2010)

For more information on protecting your valuable trade secrets: Creating a Trade Secret Policy

Indiana Copyright Litigation Update – Arbor Home Building Corporation v. Miller Custom Homes LLC

15 Wednesday Sep 2010

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

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Arbor Home Building Corporation v. Miller Custom Homes LLC

Both parties are homebuilders. Defendant allegedly built a home substantially similar to Plaintiff’s architectural drawings, which are protectable under copyright law.

For a full copy of the Complaint, leave a comment.

Court Case Number: 1:10-cv-00316-PPS -RBC
File Date: Wednesday, September 08, 2010
Plaintiff: Arbor Home Building Corporation
Plaintiff Counsel: Angela G. Garcia, James B. Hike, Jeremy V. Senk of Carson Boxberger LLP
Defendant: Miller Custom Homes LLC
Cause: Copyright Infringement by Reproduction, Copyright Infringement by Preparation of Derivative Work
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Trademark Litigation Update – Group Force Capital LLC v. Virtuoso Distillers LLC

14 Tuesday Sep 2010

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

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Group Force Capital LLC v. Virtuoso Distillers LLC

It’s a trademark slugfest. Both parties think they’re entitled to a similar mark in connection with vodka. Plaintiff uses the trademark L’Chaim in connection with “Kosher alcoholic beverages.” During the opposition period of Plaintiff’s federal trademark application, Defendant filed it’s own federal application for the mark L’Chaim Vodka. Defendant’s application received a 2(d) refusal based on Plaintiff’s mark, which had by then been registered. Defendant filed a Petition of Cancellation, alleging priority of use, likehood of confusion, no bona fide intent and fraud on the USPTO.

Leave a comment if you’d like a full copy of the Complaint.

Court Case Number: 3:10-cv-00385-PPS -CAN
File Date: Wednesday, September 08, 2010
Plaintiff: Group Force Capital LLC
Plaintiff Counsel: John D. Hoover, Daniel K. Burke of Hoover Hull LLP
Defendant: Virtuoso Distillers LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Unfair Competition, Violation of Anti-Cybersquatting Consumer Protection Act
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Aire Serv Heating & Air Conditioning, Inc. v. Mark Niemann

13 Monday Sep 2010

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

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Aire Serv Heating & Air Conditioning, Inc. v. Mark Niemann

Plaintiff is franchisor of the AIRE SERV trademark for “installation, maintenance and repair of heating and air-conditioning equipment.” Defendant originally was a technician for Plaintiff but allegedly began providing service to personal clients under the name “Air Serv of Louisville,” without accounting to Plaintiff for any franchise fees.

Please leave a comment for a full copy of the Complaint.

Court Case Number: 4:10-cv-00101-RLY-WGH
File Date: Wednesday, September 01, 2010
Plaintiff: Aire Serv Heating & Air Conditioning, Inc.
Plaintiff Counsel: Richard A. Bierly of McNeely, Stephenson, Thopy & Harrold
Defendant: Mark Niemann
Cause: Federal Trademark Infringement, Federal Unfair Competition,
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr

Indiana Intellectual Property Litigation Summary – August 2010

01 Wednesday Sep 2010

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

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The following Intellectual Property cases were filed in August 2010. A quiet month considering 6 cases were filed in July.

Northern District of Indiana

Trans-United Inc. v. Trans-United Inc.

Southern District of Indiana

Masterfile Corporation v. Kemp Title Agency