New FCC Net Neutrality rules

The U.S. Federal Communications Commission  (“FCC”) voted Dec. 21 to adopt new network neutrality rules for broadband providers. The 194-page Report and Order will take some time to read with a critical eye so I’ll update once completed. Here is the full text for those who can’t wait:

Kenan Farrell, Leibman Forum featured in IU Law Alumni Magazine

My recent presentation “Fashioning the Law of Design: Wearable Intellectual Property” at the 7th Annual Jordan and Joan R. Leibman Forum was featured in the Winter 2010-2011 issue of the IU-Indianapolis Law Alumni Magazine. My excerpt:

Click here to read the full magazine. Feature article: “The Turning Point, Change on the Horizon: What’s Next?” by Jonna Kane MacDougall, ’86

Here’s the full slideshow from the presentation:

 

Indiana Trademark Litigation Update – Coach, Inc. v. Diggz Clothing

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Coach, Inc. et al v. Diggz Clothing LLC et al

Coach strikes again. Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Lafayette, Indiana. As always, Coach throws the kitchen sink at the Defendant.

Related case: Coach, Inc. et al v. TJ’s Handbags
Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al
Related case: Coach Inc. et al v. Tom’s Treasure Chest

Court Case Number: 4:10-cv-00100-JVB -PRC
File Date: Wednesday, December 15, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Diggz Clothing LLC, Lori Harth
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery under Ind. Code 35-43-5-2(b), Counterfeiting under Ind. Code 35-43-5-2(a)
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Paul R. Cherry

Superhero Law Debated on New Blog

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There’s a fun new blog, Law and the Multiverse, that applies real world law to comic book scenarios. In their words:

If there’s one thing comic book nerds like doing it’s over-thinking the smallest details.  Here we turn our attention to the hypothetical legal ramifications of comic book tropes, characters, and powers.  Just a few examples: Are mutants a protected class?  Who foots the bill when a hero damages property while fighting a villain?  What happens legally when a character comes back from the dead?

The blog touches on many different areas of law, including intellectual property. Here is an excerpt:

In the real world comic book characters and their likenesses have been made into toys, video games, movies, television shows, lunchboxes, bed sheets, and innumerable other things. All of these secondary uses are mediated through intellectual property rights, particularly copyright and trademark rights. But if Superman were a real person, how might the situation be different? Could just anyone slap his image or iconic S shield on a lunchbox? What about uses that suggest that Superman endorses a product or service? (“Try Metropolis Brewery Beer, the choice of the Man of Steel!”) Or worse, what about revealing a superhero’s secret identity?

Their latest post explores a favorite topic of the Indiana Intellectual Property Blog, privacy rights:

From a superhero’s point of view, the main issues here are intrusion into his or her secret identity and secret headquarters, if applicable.  The latter case is squarely within the scope of the tort (physical intrusion into a home or office is a classic example of the tort), so let’s focus on the issue of secret identity.  In particular, does a superhero’s secret identity fall under the scope of the second element?  And when we say “reasonable person” do we mean a reasonable regular person or a reasonable superhero, or does it matter?

The answer to the first question is probably yes.  Courts have held that the right to privacy includes psychological & emotional solitude and the intrusion can occur in a public place.  See, e.g., Phillips v. Smalley Maintenance Svcs, Inc., 435 So.2d 705, 711 (Ala. 1983) (holding “one’s emotional sanctum is certainly due the same expectations of privacy as one’s physical environment.” and “the ‘wrongful intrusion’ privacy violation can occur in a public place, when the matter intruded upon is of a sufficiently personal nature”).  As the definition states, the intrusion need not be directly physical and can include demands and threats.  Phillips, 435 So.2d at 711.

For the full post and to explore other areas of law, visit Law and the Multiverse.  One of the blog authors is a recent grad of Notre Dame Law School.  I’m looking forward to reading the future posts on copyright and trademark.

Southern District of Indiana swears in new Magistrate

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The United States District Court for the Southern District of Indiana announced that Mark J. Dinsmore took the oath to become a United States Magistrate Judge on December 17, 2010. Chief Judge Richard L. Young administered the oath in his courtroom in the Birch Bayh Federal Building and United States Courthouse in Indianapolis. A formal investiture ceremony will be held at a later date. The position Judge Dinsmore fills became available due to the elevation of Jane E. Magnus-Stinson to an Article III judgeship, effective June 9, 2010.

Magistrate judges preside over many pretrial proceedings in both civil and criminal cases in federal court, including intellectual property cases. A critical part of the job is conducting mediation and settlement proceedings in civil cases, helping parties settle their disputes by agreement. United States Magistrate Judges are appointed by the Judges of the U.S. District Court for a term of eight years, and are eligible for reappointment to successive terms.