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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Southern District of Indiana

Ethics of E-Discovery – Free Webinar

08 Tuesday Nov 2011

Posted by Kenan Farrell in Litigation, Southern District of Indiana

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Debra Bernard, Electric Discovery Pilot Program, Ethics of Discovery, Mark J. Dinsmore, Rachel Lei, Southern District of Indiana, Timothy Chorvat, Wilson Elser

The Seventh Circuit Electronic Discovery Pilot Program is sponsoring the following free webinar:

Ethics of E-Discovery

November 30, 2011 – Noon – 1:30 p.m. (CST)

The Seventh Circuit Electronic Discovery Pilot Program, together with Wilson Elser, has developed a webinar designed to assist you in identifying the various ethical issues that arise in executing your e-discovery responsibilities and to provide you with a basic framework to help you navigate through the e-discovery ethical pitfalls that may arise.

Some of the questions that will be discussed include:

– What are your ethical duties regarding preservation of Electronically Stored Information (ESI) and what triggers those duties? Does it matter if you are only outside counsel?

– What ethical considerations are at play when you are searching for and producing ESI? What if you know proposed search terms will yield no results? Must you speak up?

– To what extent does metadata pose ethical issues?

– What if you inadvertently produce privileged information? Do you need a clawback or will the rules protect you?

– What about contract attorneys? What is the scope your ethical obligation to supervise?

This program will provide you with various perspectives to these questions from plaintiffs counsel, defense counsel, in-house counsel and the judges.

The webinar moderator will be Cinthia Motley of Wilson Elser. Speakers will be the Honorable Magistrate Judge Mark J. Dinsmore of the United States District Court for the Southern District of Indiana, as well as other Seventh Circuit Electronic Discovery Pilot Program Committee Members Debra Bernard of Perkins Coie, Timothy Chorvat of Jenner & Block, and Rachel Lei of GATX Corporation.

CLICK HERE to register for this November 30, 2011 event, which is open to all judges and attorneys.

Registration to this webinar is limited to 3000 participants, so sign up early.

Applications for 1.5 Ethics MCLE credits have been submitted and are pending approval in Indiana (and Illinois and Wisconsin).

Indiana Trademark Litigation Update – Eli Lilly v. Yanchep Veterinary Clinic

05 Saturday Nov 2011

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

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Common Law Unfair Competition, Cybersquatting, Jane Magnus-Stinson, Litigation Update, Tim A. Baker, Trademark Infringement, Unfair Competition

Eli Lilly and Company v. Yanchep Veterinary Clinic Pty Ltd. et al

Court Case Number: 1:11-cv-01469-JMS-TAB
File Date: Friday, November 04, 2011
Plaintiff: Eli Lilly and Company
Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP
Defendant: Yanchep Veterinary Clinic Pty Ltd.
Petvetshop Pty Ltd.
Paul Sorensen
Dr. Cymantha Sorensen
Cause: Trademark Infringement, Unfair Competition, Cybersquatting, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

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Indiana AG Greg Zoeller to Lobby Congress Against Cellphone Bill

03 Thursday Nov 2011

Posted by Kenan Farrell in Federal Initiatives, Indiana, Legislation, Litigation, Southern District of Indiana, Tech Developments

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Do Not Call, Greg Zoeller

Indiana Attorney General Greg Zoeller said he will lobby Congress on Friday against a federal bill he says would strip the telephone privacy rights of residents in Indiana. Zoeller plans to testify before the House Energy and Commerce Committee’s Subcommittee on Communications and Technology against House Resolution 3035, a primarily Republican-backed bill being considered in the U.S. House. The bill would allow telemarketers and debt collectors to start dialing residents’ cellphones and, if approved, would override Indiana’s “Do Not Call” law and lead to a flood of robocalls to people’s phones, Zoeller said Wednesday.

Supporters of the bill say it would update federal law to allow businesses to compete in an environment where cellphones have largely replaced landlines.

Zoeller is fighting on multiple legal fronts to maintain Indiana’s strong “Do Not Call” law and ban on political robocalls.

The Southern District of Indiana ruled in September that Indiana’s ban on political robocalls violated the federal Telephone Consumer Protections Act which governs interstate communications. The Indiana Supreme Court is separately considering whether the state rightfully enforced the measure against FreeEats.com.

For more info, see the Journal and Courier.

Indiana Scientist Pleads Guilty to Stealing Trade Secrets for China

19 Wednesday Oct 2011

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Secret

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Cargill Inc., Dow Chemical Co., Intellectual Property, Kexue Huang, Misappropriation of Trade Secrets, Southern District of Indiana, U.S. Economic Espionage Act of 1996

Indiana companies can take an extra dose of comfort today knowing the Indiana courts and prosecutors are protecting their valuable intellectual property. A Chinese-born scientist pleaded guilty on Tuesday to stealing valuable trade secrets about pesticides and food products from two major U.S. companies and sending the information to China and Germany.

Kexue Huang, 46, worked at a Dow Chemical Co subsidiary from 2003 to 2008 in Indiana where he led a team of scientists developing organic insecticides and then later for another agribusiness giant, privately held Cargill Inc.

Huang pleaded guilty in the United States District Court for the Southern District of Indiana to one count of stealing trade secrets from Cargill and one count of engaging in economic espionage at Dow, only the eighth case charged involving the U.S. Economic Espionage Act of 1996.

Click here for the full Reuters story or the original indictment over a year ago.

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

Indiana Trademark Litigation Update – Saeilo Enterprises v. Jacobson Hat Company

15 Saturday Oct 2011

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

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Common Law Trademark Infringement, Counterfeiting, Debra McVicker Lynch, False Designation of Origin, Forgery, Jacobson Hat Company, Jane Magnus-Stinson, Litigation Update, Saeilo Enterprises, Trademark Dilution, Trademark Infringement, Unfair Competition

Saeilo Enterprises Inc. v. Jacobson Hat Company Inc.

Court Case Number: 1:11-cv-01383-JMS-DML
File Date: Friday, October 14, 2011
Plaintiff: Saeilo Enterprises Inc.
Plaintiff Counsel: Darlene R. Seymour – Attorney at Law
Defendant: Jacobson Hat Company Inc.
Cause: Trademark Infringement, Trademark Dilution, False Designation, Common Law Trademark Infringement, Unfair Competition, Forgery, and Counterfeiting
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

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