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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

Indiana Copyright Litigation Update – Softmaker Software v. Third Scroll Products

30 Wednesday Nov 2011

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

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Copyright Infringement, Denise K. LaRue

Softmaker Software GmbH et al v. Third Scroll Products LLC et al

No Complaint available at publication. Will update when available.

Court Case Number: 1:11-cv-01574-JMS-DKL
File Date: Tuesday, November 29, 2011
Plaintiff: Softmaker Software GmbH
Softmaker Entwicklungs GmbH

Plaintiff Counsel: Richard P. Sybert, Yuo-Fong C. Amato of Gordon & Rees LLP
Defendant: Third Scroll Products LLC, Sonney Colfax, Does 1-10
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Indiana Copyright Litigation Update – Jeral Tidwell v. Raw International

24 Thursday Nov 2011

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

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Copyright Infringement, Litigation Update, Richard L. Young, Tim A. Baker

Jeral Tidwell v. Raw International, LLC et al

Plaintiff Jeral Tidwell is a Kentucky-based artist who accuses Defendant of copying his artwork on motorcycle helmets without authorization. See the Complaint (below) for images.

Court Case Number: 4:11-cv-00137-RLY-TAB
File Date: Wednesday, November 23, 2011
Plaintiff: Jeral Tidwell
Plaintiff Counsel: Christopher A. Bates of Seiller Waterman LLC
Defendant: Raw International, LLC, VSJ, Ltd.
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

View this document on Scribd

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

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

View this document on Scribd

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.

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