13 Wednesday May 2009
Posted in Copyright, Litigation
NEW Copyright Ligitation Alert:
Court Case Number: 4:09-cv-00035-AS-PRC
File Date: Tuesday, May 05, 2009
Plaintiff: UMG Recordings Inc, Atlantic Recording Corporation, Sony Music Entertainment
Plaintiff Counsel: James Dimos, Joel E. Tragesser of Frost Brown Todd LLC
Defendant: Alexander Schmidt
Cause: 17:501 Copyright Infringement
Court: Indiana Northern District Court
Judge: Judge Allen Sharp
Referred To: Magistrate Judge Paul R. Cherry
12 Tuesday May 2009
Posted in Litigation, Patent
NEW Patent Ligitation Alert:
Plaintiff: Echo Engineering & Production Supplies, Inc.
Defendant: Engineered Products & Services, Inc.
Case Number: 1:2009cv00582
Filed: May 8, 2009
Court: Indiana Southern District Court
Presiding Judge: Judge Sarah Evans Barker
Referring Judge: Magistrate Judge Debra McVicker Lynch
Nature of Suit: Intellectual Property – Patent Infringement
Jury Demanded By: Plaintiff
Stay tuned for updates.
07 Thursday May 2009
Court Case Number: 1:09-cv-00560-WTL-TAB
File Date: Wednesday, May 06, 2009
Plaintiff: Heckler & Koch, Inc.
Plaintiff Counsel: Brian J. McGinnis, Darlene R. Seymour of Continental Enterprises
Defendant: Tippman Sports LLC, Tigerstripe Paintball LLC
Cause: Trademark Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker
Leave a comment with your email if you’d like a copy of the full Complaint.
24 Friday Apr 2009
Posted in Litigation, Trademark
Days Inn Worldwide, Inc. v. Exhibit Chicago, Inc. (U.S. District Court, N.D. Indiana)
No: 1:08-CV-124-TS.
Before: Springmann
For full opinion:
2009 U.S.Dist.LEXIS 32058
2009 WL 1010843
TRADEMARK; DAMAGES (Treble damages and attorney’s fees are appropriate where defendant willfully infringed trademarks for more than a year.)
Opinion (Springmann): Plaintiff Days Inn Worldwide (“Days Inn”) licensed its trademarks to Defendant Exhibit Chicago (“Exhibit”). Days Inn later revoked the license. After revocation, Exhibit continued to use Days Inn’s marks, only replacing the name Days with Huntington on the main sign. Days Inn sued Exhibit for trademark infringement, and Exhibit defaulted. Because Days Inn alleged that Exhibit willfully infringed and continues to infringe its registered incontestable marks, treble damages and attorney’s fees are appropriate.
Source: Willamette Law Online
24 Friday Apr 2009
Posted in Copyright, Litigation
Brooks-Ngwenya v. Indianapolis Public Schools (U.S. Court Of Appeals, Seventh Circuit)
No: 08-1973 (April 15, 2009)
Before: Posner, Williams, and Tinder
COPYRIGHT; RIGHT TO SUE (Registration denial does not preclude an applicant from initiating a copyright suit.)
Opinion (Per Curiam): Brooks-Ngwenya, a middle school teacher sued the Indianapolis Public Schools (“IPS”) for copyright infringement related to an educational program that she had developed. The District Court granted summary judgment to IPS, on the ground that Brooks-Ngwenya’s copyright registration was denied prior to the filing of the suit. The Seventh Circuit disagreed with this reasoning by relying on section 411(a) of the Copyright Act, which allows an applicant to file a copyright suit, even if the registration was denied. Brooks-Ngwenya claimed that IPS copied the ideas of her program, without proving that IPS copied the documents related to her educational program. Therefore, on substantive grounds, the Seventh Circuit found that Brooks-Ngwenya’s copyright claim failed due to the lack of evidence that IPS copied the original expression of Brooks-Ngwenya’s idea, since the idea itself is not copyrightable. Affirmed.
Click here for full opinion.
Source: Willamette Law Online
