09 Tuesday Nov 2010
Posted in Copyright, Indiana, Indianapolis, Intellectual Property, Trademark
Tags
For those who weren’t able to attend, here are the slides from my 11/9/10 presentation, Fashioning the Law of Design: Wearable Intellectual Property.
30 Saturday Oct 2010
Tags
Copyright Infringement, False Advertising, False Designation of Origin, Litigation Update, Richard L. Young, Trademark Infringement, Unfair Competition, Violation of the Anti-Cybersquatting Consumer Protection Act, William G. Hussmann
Plaintiff has sold cremation casket goods under the OPTIONS trademark since 1993. Defendants have been operating a competing website (www.cremationoptions.com) since 2002 that allegedly infringes on Plaintiff’s trademarks and copyrights in images of cremation goods.
Court Case Number: 4:10-cv-00129-RLY-WGH
File Date: Friday, October 15, 2010
Plaintiff: Batesville Services, Inc.
Plaintiff Counsel: Karen K. Gaunt of Wood Herron & Evans LLP
Defendant: Cremation Options, LLC, http://www.cremationoptions.com, Dustin Rhodes, Joseph Salvatore Damiano Sr., A.J. Styles, John Does 1-3
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, False Advertising, Violation of the Anticybersquatting Consumer Protection Act, Copyright Infringement, Indiana Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.
26 Tuesday Oct 2010
Posted in Indiana, Litigation, Northern District of Indiana, Trademark
Sweetwater Sound
Inc. has reached a $5,000 settlement of its trademark infringement lawsuit against Chicago electronics company, J2 Electronics Group (Complaint filed July 7, 2010).
J2 has agreed to stop using the “SWEETWATER” mark and also paid $5,000 to Plaintiff, most of which presumably will cover attorney fees.
Original filing: Sweetwater Sound v. J2 Electronics Group
Source: The Journal Gazette
26 Tuesday Oct 2010
If a trademark applicant is denied federal registration by a trademark examiner at the U.S. Trademark Office, that denial may be appealed to the Trademark Trial & Appeal Board (“TTAB”). Decisions of the TTAB may, in turn, be appealed to a United States district court. Plaintiff in this matter has appealed the TTAB’s decision to uphold denial of its PLATINUM TURF FERTILIZER mark (the mark was denied registration based on a likelihood of confusion with a registered PLATINA mark for fertilizers and plant growth regulators).
Rather than cut their losses and proceed with a rebrand to a non-confusing, less generic and probably stronger trademark, the Plaintiff/Applicant has instead decided to hire a team of litigators and see whether a federal court can do a better job at trademark examination than the Trademark Office. I’ll keep you updated.
Court Case Number: 3:10-cv-00422-JVB -CAN
File Date: Wednesday, October 13, 2010
Plaintiff: Knox Fertilizer Company Inc.
Plaintiff Counsel: Daniel Tychonievich, Edward A. Sullivan III, Larry E. LaTarte Jr. of Baker & Daniels
Defendant: Appeal of a Decision by the Trademark Trial & Appeal Board
Cause: No Likelihood of Confusion
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Christopher A. Nuechterlein
21 Thursday Oct 2010
Posted in Artists, Copyright, Indianapolis, Intellectual Property, KLF Legal, Trademark
Tags
Even before designers’ creations adorn the world’s most beautiful stars at red carpet events, their works are being “knocked off” by discount retailers all over the world. Legislation pending before Congress would give designers intellectual property rights over their designs for the first time in U. S. history.
Will this help or hinder the fashion industry? Will designers finally be able to prevent unauthorized reproductions? Or will their creativity be hobbled if they can’t borrow inspiration from each other?
Join us Nov. 9 for a lively discussion of this law frontier during the annual Jordan H. and Joan R. Leibman Forum on the Legal & Business Environment of Art.
Kenan Farrell, founder of KLF Legal, and Beth Bennett, founder of Beth Bennett Couture, will describe fashion’s special status in intellectual property law and take questions from the audience as they present “Fashioning the Law of Design: Wearable Intellectual Property.”
Farrell is an IU Law-Indianapolis alumnus who started his Intellectual Property and Entertainment law firm in the Arts and Theater District on Mass. Ave. His practice focuses on the strategic development and protection of creative properties. He represents clients in music, film, theater, television, book publishing and the visual arts throughout the U. S. and abroad. He is the current chairman of the Indianapolis Bar Association’s Solo and Small Firm Committee and also serves on the board of the Sports & Entertainment Committee. He’s an in-demand speaker on a wide range of intellectual property, entertainment and practice management topics.
Beth Bennett holds a B.F.A. degree from DePaul University and a M.F.A. from New York University. Trained as a costume designer for stage and screen, she is the founder and owner of Beth Bennett Couture, the umbrella company for B Trousseau Couture, a line of custom bridal and luxury gowns, and Picnic, a line of daywear separates and dresses that include one-of-a-kind pieces and a limited number of manufactured styles.
The lecture will take at place at 5:30 p.m. at the Indiana University School of Law—Indianapolis, Inlow Hall, 530 W. New York Street, in the Wynne Courtroom (room 100). A reception in the Conour Atrium will follow. Parking is available for a nominal fee at the Natatorium Garage two blocks west of the law school.
Continuing Legal Education Credit (1.3 Hours) will be available for attendance.
This presentation is part of the annual Jordan H. and Joan R. Leibman Forum, which was established at IUPUI in 2004 as an interdisciplinary examination of the legal and business aspects of the arts among the IU Kelley School of Business, the IU School of Law-Indianapolis and Herron School of Art and Design.
Click here for more info.
