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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Trademark

USPTO Launches Page on Facebook

17 Tuesday Aug 2010

Posted by Kenan Farrell in Bloggers, Federal Initiatives, Patent, Tech Developments, Trademark

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The United States Patent and Trademark Office (USPTO) has launched its official page on Facebook. Intended to engage the public and the intellectual property community directly and provide real-time information, the USPTO’s page on Facebook will offer a series of regular updates on a range of issues, and gives Facebook users the chance to comment on, discuss, and offer feedback to the USPTO about announcements and initiatives. The page can be found at www.facebook.com/uspto.gov.

The Facebook page will not replace the Agency’s Web site (www.uspto.gov) as the official source of USPTO information. Rather, the Facebook page will provide a new channel for the public to connect with the USPTO.

In addition to communicating directly with the USPTO, Facebook users can expect to see an array of content and information, including press releases, posts from Director Kappos’ “Director’s Forum” blog, event information, photos and video.

Indiana Intellectual Property Litigation Update – July 2010

31 Saturday Jul 2010

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

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Litigation Update

The following Intellectual Property cases were filed in July 2010. Stay tuned for updates.

Northern District of Indiana

1A Smart Start v. Indiana Safe Start

Sweetwater Sound v. J2 Electronics Group

Southern District of Indiana

Brandt Industries v. Pitonyak Machinery Corporation

Brian Andr’e Warren v. Xlibris Corporation

Interactive Intelligence v. Advanced Information Systems

Masterfile Corporation v. Mark Stein

Dear KLF Legal

30 Friday Jul 2010

Posted by Kenan Farrell in Bloggers, Copyright, Dear KLF Legal, Intellectual Property, Musicians, Trademark

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From time to time, people write in with short questions about intellectual property law. We’re always happy to help educate the public about their IP rights, so KLF Legal tries to respond to each inquiry as best we can. The answers tend to be brief since the questions don’t typically include a lot of information. However, I thought it might be helpful to share these questions from time to time in a post category entitled “Dear KLF Legal”…enjoy!

Is there an equivalent form of “fair use” for logos? It really seems unreasonable that I can’t make use of the three lines that make up a Nike “swoosh” without permission.

There is a doctrine of “fair use” in trademark law, but it deals more with third-party use of another company’s trademarks for advertising or nominative uses rather than the ability to use similar trademark elements. One pillar of trademark law, which surprisingly is rarely mentioned, is the avoidance of consumer confusion. When people see the “swoosh”, they know they’re purchasing a high-quality product from Nike Inc. If every shoe company, particularly those that create poor quality products, started using a swoosh, a consumer would no longer be able to identify high-quality products with the swoosh trademark.

What’s the legality of music bloggers posting sample mp3’s without express permission?

A more detailed answer on legality will depend on whether the mp3s are available for download or only for listening. From a “real world” viewpoint, record companies typically have not been enforcing copyrights against music blogs because they view them as free advertising. The economic significance of MP3 blogs is small compared to P2P networks.

What is the cheapest and easiest way to copyright my content? From a blog post to a word document.

Once your original work is “fixed in a tangible medium of expression” (i.e. you have finished your blog post or word document), copyright protection is automatic and free. Hurrah. However, registration with the U.S. Copyright Office brings additional benefits, perhaps most importantly the ability to enforce your rights against infringers in federal court. Registration is quick and inexpensive ($35) so I usually recommend it for commercial works.

Indiana Trademark Litigation Update – 1A Smart Start v. Indiana Safe Start

25 Sunday Jul 2010

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

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Christopher A. Nuechterlein, Common Law Trademark Infringement, False Designation of Origin, Federal Trademark Infringement, Theresa L. Springmann, Unfair Competition

1A Smart Start Inc. v. Indiana Safe Start Inc.

Good ol’ fashion trademark brawl over in the “electronic breath activated ignition lock for automobiles” industry. In one corner, Smart Start. In the other corner, Safe Start. There is apparently evidence of actual consumer confusion.

Leave a comment if you’d like a full copy of the complaint.

Court Case Number: 3:10-cv-00292-TLS-CAN
File Date: Friday, July 16, 2010
Plaintiff: 1A Smart Start Inc.
Plaintiff Counsel: Gerald W. Roberts of Thompson & Knight LLP, Remy Davis
Defendant: Indiana Safe Start Inc., Thomas Bjornstad
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, False Designation of Origin, Unfair Competition
Court: Northern District of Indiana
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Christopher A. Nuechterlein

View this document on Scribd

Indiana Trademark Litigation Update – Brandt Industries v. Pitonyak Machinery Corporation

14 Wednesday Jul 2010

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

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Debra McVicker Lynch, Estoppel by Laches, False Designation of Origin, Tanya Walton Pratt, Unfair Competition

Brandt Industries v. Pitonyak Machinery Corporation

This is a declaratory judgment action by Plaintiff for the unregistered BRANDT mark. Both parties have used the mark for many decades in different locations. Plaintiff is a Canadian company operating in the U.S. Leave a comment for a full copy of the complaint.

Court Case Number: 1:10-cv-00857-TWP -DML
File Date: Tuesday, July 06, 2010
Plaintiff: Brandt Industries Ltd.
Plaintiff Counsel: Carrie A. Shufflebarger of Thompson Hine LLP
Defendant Counsel: Aaron M. Staser, Paul B. Hunt
Defendant: Pitonyak Machinery Corporation
Cause: Declaration of Non-Infringement, Declaration of Priority, Declaration of Estoppel by Laches, Trademark Infringement, Unfair Competition and False Designation of Origin
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

View this document on Scribd
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