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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Litigation

Hon. Tanya Walton Pratt sworn in as District Judge for Southern District of Indiana

29 Tuesday Jun 2010

Posted by Kenan Farrell in Indiana, Litigation, Southern District of Indiana

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Tanya Walton Pratt

PRESS RELEASE

The United States District Court for the Southern District of Indiana is pleased to announce that on June 25, 2010, the Honorable Tanya Walton Pratt took the oath to become a United States District Judge. Chief Judge Richard L. Young administered the oath at the Birch Bayh Federal Building and United States Courthouse in Indianapolis. Judge Pratt’s family, friends, and numerous court staff filled the courtroom to witness the historic event.

Judge Pratt is the first African-American to be appointed to the U. S. District Court for the Southern District of Indiana and the first African-American federal judge in the state of Indiana. President Obama nominated Judge Pratt on January 20, 2010, and the Senate, by a vote of 95-0, confirmed her on June 15, 2010. President Obama signed her commission the same day. She fills the vacancy created by the elevation of Judge David F. Hamilton to the United States Court of Appeals for the Seventh Circuit.

From 2008 until her appointment to the District Court, Judge Pratt served as a judge in the probate division of the Marion Superior Court. From 1997 to 2008, she was a judge in that court’s criminal division, where she handled major felony cases.

Before becoming a Superior Court judge, she was active in private practice with the firm of Walton & Pratt, focusing primarily on family law, bankruptcy, and probate law. Judge Pratt was also a contract county public defender during her years of private practice.

Judge Pratt is active in the Indianapolis and Marion County bar associations and in 2005 was Chief Justice Randall Shepard’s appointee on the Indiana Sentencing Policy Study Commission. She was a member of the Marion Superior Court’s Executive Committee and Chair of the Dr. Martin Luther King Holiday Commission in Indiana from 2001 to 2007.

Judge Pratt received her B. A. from Spelman College in 1981 and her J. D. from Howard University School of Law in 1984.

Welcome Judge Pratt!

Indiana Trademark Litigation Update – Coach Inc. v. Tom’s Treasure Chest

29 Tuesday Jun 2010

Posted by Kenan Farrell in Indiana, Litigation, Northern District of Indiana, Trademark

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Common Law Trademark Infringement, Copyright Infringement, False Designation of Origin and False Advertising, Federal Trademark Infringement, Forgery, Paul R. Cherry, Philip P. Simon, Trade Dress Infringement, Trademark Counterfeiting, Trademark Dilution, Trademark Infringement

Coach, Inc. et al v. Tom’s Treasure Chest

Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Gary, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.

Related case: Coach, Inc. et al v. Diggz Clothing LLC et al

Related case: Coach, Inc. et al v. TJ’s Handbags

Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al

Court Case Number: 2:10-cv-00243-PPS-PRC

File Date: Thursday, June 17, 2010

Plaintiff: Coach Inc., Coach Services Inc.

Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP

Defendant: Tom’s Treasure Chest

Cause(s): Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery under Ind. Code 35-43-5-2(b), Counterfeiting under Ind. Code 35-43-5-2(a)

Court: Indiana Northern District Court

Judge: Chief Judge Philip P. Simon

Referred To: Magistrate Judge Paul R. Cherry

View this document on Scribd

Bilski Patent Decision Affirmed by Supreme Court

29 Tuesday Jun 2010

Posted by Kenan Farrell in Intellectual Property, Litigation, Patent, Supreme Court

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Bilski

The much-awaited Bilski decision was handed down by the Supreme Court yesterday.

The Court holds: the specific invention in this case, a method of predicting business or economic cycles, was ineligible for a patent. In discussing the proper test for patentability, the Court says the “machine or transformation” test may be a useful and important investigative tool, but it is not the sole test for determining whether a “process invention” is patentable. The Kennedy opinion for the majority is not supported in all respects by those who join in part.

The NY Times comments: “there was a clear message for patent trolls, patent brokers and licensing companies, patent lawyers and lobbyists: Play on!”

Full decision here (.pdf)

Indiana Copyright Litigation Update – Saturday Evening Post Society v. Hungry Howie’s Pizza & Subs

15 Tuesday Jun 2010

Posted by Kenan Farrell in Copyright, Indiana, Litigation, Southern District of Indiana

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Conversion, Copyright Infringement, Debra McVicker Lynch, Larry J. McKinney, Saturday Evening Post Society v. Hungry Howie’s Pizza & Subs, Unjust Enrichment

Indianapolis-based Curtis Publishing Co. has sued a Michigan-based chain of pizza restaurants for copyright infringement.

The suit, filed June 3 in federal court in Indianapolis, accused Hungry Howie’s Pizza & Subs Inc. of Madison Heights, Michigan, of infringing the copyright to a Saturday Evening Post cover first published in 1943. The cover, “Freedom from Want,” is by the late Norman Rockwell, and features the image of a family at a Thanksgiving dinner as a large roast turkey is being brought to the table.

Curtis accused the pizza chain of using the Rockwell painting in an “unauthorized, multistate advertising campaign, according to court papers. The ads, which began in November 2009, featured a “precise mimicry of the various nuances” of the Rockwell painting,” with the alteration of replacing the turkey with a pizza, Curtis said in its complaint.

Despite having been sent a cease-and-desist letter and “numerous other communications,” the pizza chain continued to use this advertisement throughout the 2009 winter holiday season, according to court papers.

The publisher is represented by Jonathan Faber, Kyle M. Baker and Cynthia A. Bedrick of McNeely Stephenson Thopy & Harrold of Shelbyville, Indiana.

The case is Saturday Evening Post Society Inc. v. Hungry Howie’s Pizza & Subs Inc., 1:10-cv-00680-LJM-DML, U.S. District Court, Southern District of Indiana (Indianapolis).

View this document on Scribd

Source: Bloomberg Businessweek

Indiana Patent Litigation Update – Masco Corporation of Indiana d/b/a Delta Faucet Company v. Watermark Designs, Ltd.

14 Monday Jun 2010

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

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Common Law Trademark Infringement, False Advertising, False Designation of Origin and False Description of Fact, Jane Magnus-Stinson, Patent Infringement, Sarah Evans Barker, Trademark Infringement, Unfair Competition

Court Case Number: 1:10-cv-0716-SEB-JMS

File Date: June 9, 2010

Plaintiff: Masco Corporation of Indiana d/b/a Delta Faucet Company

Plaintiff Counsel: R. Trevor Carter, Brandon Scott Judkins

Defendant: Watermark Designs, Ltd.

Cause(s): Patent Infringement, Trademark Infringement, False Designation of Origin and False Description of Fact, Unfair Competition, Common Law Trademark Infringement and False Advertising Unfair Competition

Court: Indiana Southern District Court

Judge: Sarah Evans Barker

Referred to: Jane Magnus-Stinson

View this document on Scribd

The subject patent:

If you’d like a full text copy of the patent, leave a comment.

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