Indiana Trademark Litigation Update – ChaCha Search v. HTC America

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ChaCha Search, Inc. v. HTC America, Inc. et al

ChaCha is a Delaware corporation based in Carmel, Indiana. It provides a mobile-based search engine that utilizes the assistance of human guides to provide relevant search results. The CHACHA trademark was registered in 2007 for “Search engine services, namely, providing search engines for obtaining data on a global computer network; Search engine services, namely, providing specific information as requested by customers via the Internet in the nature of customized searching, in Class 42.”

Defendant HTC seeks to introduce a new smartphone called the “HTC ChaCha,” prompting Plaintiff to institute this action.

What do you think? Do you read the services listed in ChaCha’s registration above to include “smartphones”? Is ChaCha overreaching here? Would ChaCha’s money have been better spent on additional trademark registrations if they wanted to also protect ChaCha for “mobile phones,” which are in Class 9?

Court Case Number: 1:11-cv-00262-WTL-MJD
File Date: Tuesday, February 22, 2011
Plaintiff: ChaCha Search, Inc.
Plaintiff Counsel: Bradley M. Stohry and Michael A. Wukmer of Ice Miller, LLP
Defendant: HTC America, Inc.
HTC Corporation
Cause: Trademark Infringement, Unfair Competition, Dilution, Common Law Unfair Competition, Request for Preliminary and Permanent Injunctive Relieve
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana Copyright Litigation Update – Hining v. Gregg

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Mary E. Hining v. Rebecca L. Gregg

Copyright lawyers can be expensive so these litigants have both decided to represent themselves. Both parties operate an Etsy store, and Plaintiff alleges that Defendant has been selling infringing artwork (glass and ceramic designs).

Court Case Number: 1:11-cv-00261-TWP-DML
File Date: Friday, February 18, 2011
Plaintiff: Mary E. Hining
Plaintiff Counsel: Mary E. Hining – Pro Se
Defendant: Rebecca L. Gregg
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

MOTION FOR DEFAULT JUDGEMENT

Indiana Trademark Litigation Update – Pitonyak Machinery v. Brandt Industries

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Pitonyak Machinery Corp. v. Brandt Industries, Ltd. et al

Court Case Number: 1:11-cv-00233-TWP-DML
File Date: Thursday, February 17, 2011
Plaintiff: Pitonyak Machinery Corp.
Plaintiff Counsel: Daniel T. Earle, James E. Shlesinger of Shlesinger, Arkwright & Garvey LLP; John D. Pettie, Thomas S. Stone of Dover Dixon Horne PLLC
Defendant: Brandt Industries, Ltd., Brandt Agricultural Products, Ltd.
Cause: False Designation of Origin, Common Law Trademark Infringement and Unfair Competition
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

New Book – Justices of the Indiana Supreme Court

Justices of the Indiana Supreme Court, a 467-page multi-author volume exploring the lives of the 106 Justices of the Court, is now available from the Indiana Historical Society Press.  Edited by Linda C. Gugin and James E. St. Clair, it examines the lives of the 106 men and women who have sat on the state’s highest court.  The book includes an introduction by the Chief Justice of the United States, John G. Roberts Jr.

With 72 authors, the book captures details of the lives of the self-taught, circuit riding Justices from the early days of statehood through the 21st century Justices now serving on the Court.  Photographs, including those from previously unpublished private family collections, complete the edition.  The public can purchase the book at the Indiana Historical Society for $37.95.

The Supreme Court’s educational outreach program, “Courts in the Classroom” (CITC) collaborated with the Indiana Historical Society Press on Justices of the Indiana Supreme Court.  The Indiana Bar Foundation made a grant in support of the project.  CITC’s primary objective is to help educators, students, historians, and interested citizens learn about the history and operation of Indiana’s judicial branch.  As part of its outreach, CITC provides free lesson plans to teachers, interactive programs in the state Supreme Courtroom and publications about Indiana’s legal history.  For more information please contact Dr. Elizabeth R. Osborn at eosborn@courts.state.in.us or visit courts.in.gov/citc.  CITC will offer the book to schools and libraries across the state at no cost.

Chief Justice Randall T. Shepard sees the book as a valuable addition to civics education.   “This book has remarkable historic value,” explained Chief Justice Shepard.  “We are thrilled that students, educators and the public will have this resource that showcases the rich history of the third branch of government.”

The Indiana Supreme Court and CITC previously collaborated with the Indiana Historical Society Press on the publication of Hoosier Justice at Nuremberg ($6.95). The Nuremberg book, by Suzanne S. Bellamy, examines the roles of two Indiana Supreme Court Justices in post-World War II Germany.  In 1947, Justices Frank Richman of Columbus and Curtis Shake of Vincennes were called to serve as civilian judges in the Nuremberg tribunals.

These books and other Supreme Court publications (courts.in.gov/citc/bookstore.html) are available to libraries, teachers and all other educational institutions free of charge.  Requests should be sent to Sarah Kidwell at skidwell@courts.state.in.us.

A Continuing Legal Education program will be offered on Thursday, March 3, 2011 at 3:00 pm in the Supreme Court Courtroom featuring authors from the book.  Reservations are required.  Contact Elizabeth Osborn at eosborn@courts.state.in.us.

Indiana Trademark Litigation Update – Zimmer v. Ari Kresch

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Zimmer Inc v. Ari Kresch et al

Court Case Number: 3:11-cv-00063-WCL -CAN

File Date: Wednesday, February 16, 2011

Plaintiff: Zimmer Inc
Plaintiff Counsel: Abigail M Butler, Angela K Hall, April Edwards Sellers, Joseph H Yeager, Jr., Kyle B Osting of Baker & Daniels
Defendant: Ari Kresch, Kresch/Oliver PLLC, Pulaski & Middleman LLC, Weller Green Toups & Terrell LLP, Kresch Legal Services PLC
Cause: Defamation, Tortious Interference with Business Relationships, False Advertising and Unfair Competition, Product Disparagement and Unfair Competition Under Common Law, Cybersquatting, Trademark Infringement, Unfair Competition and False Designation of Origin, Unfair Competition and Trademark Infringement Under Common Law
Court: Northern District of Indiana
Judge: Judge William C Lee
Referred To: Magistrate Judge Christopher A Nuechterlein