Indiana Copyright Litigation Update – BMI v. Shenanigans

01 Wednesday Dec 2010

Posted by in Copyright, Intellectual Property, Litigation, Musicians, Northern District of Indiana

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Broadcast Music Inc et al v. Shenanigans Inc et al

Defendant played 10 songs in his Anderson “Couples Only” establishment, Shenanigans, without a license from BMI, one of three main performance royalty organizations (along w/ ASCAP and SESAC). BMI claims to be caused “great” and “incalculable” damage. Actually, it’s probably about $0.25/song in the jukebox, but we know what they’re saying. While BMI seems like a cranky giant, it’s actually doing this on behalf of all of the artists it represents. Otherwise, nobody collects money and artists have to bring these lawsuits themselves.

Here are the songs allegedly infringed (listen to FULL PLAYLIST):

  1. Gimme Three Steps – Lynryd Skynyrd
  2. Hard to Handle – Black Crowes
  3. Inside Out – Eve 6
  4. Old Time Rock and Roll – Bob Seger
  5. Rocky Mountain Way – Joe Walsh
  6. Simple Man – Lynyrd Skynyrd
  7. Cumbersome – Seven Mary Three
  8. I Love This Bar – Toby Keith
  9. Linus and Lucy – Vince Guaraldi
  10. Bleed it Out – Linkin Park

Leave a comment or send an email if you’d like a full copy of the Complaint.

Court Case Number: 2:10-cv-00458-TLS -APR
File Date: Tuesday, November 16, 2010
Plaintiff: Broadcast Music Inc
Songs of Universal Inc
EMI Virgin Songs Inc
Rondor Music International Inc
Less Than Zero Music
Southfield Road Music
Fake and Jaded Music
Muscle Shoals Sound Publishing Co
PeerMusic III Ltd
Barn-Storm Music Inc
Belkin Music
EMI Blackwood Music Inc
Seven Mary Three Music
Sony/ATV Songs LLC
Big Yellow Dog LLC
Tokeco Tunes
Lee Mendelson Film Productions Inc
Universal Music-Z Tunes LLC
Chesterchaz Publishing
Rob Bourdon Music
Nondisclosure Agreement Music
Big Bad Mr Hahn Music
Kenji Kobayashi Music
Plaintiff Counsel: Christopher S. Riley of Barnes & Thornburg LLP
Defendant: Shenanigans Inc, Matthew Kelly
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Andrew P. Rodovich

Indiana IP Seminar Alert – IP Ethics: Patent, Trademark, Copyright & Technology

30 Tuesday Nov 2010

Posted by in Indianapolis, Intellectual Property

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Upcoming Seminar:

IP Ethics: Patent, Trademark, Copyright & Technology

December 9, 2010 Thursday 1:30pm – 5:00pm

Intellectual property matters often implicate ethic rules in particular ways. This program is designed to cover special ethical considerations the major areas of intellectual property law, providing both the basic IP particular rules & the latest legal developments.

Speakers: Mr. Bruce W. Longbottom, Eli Lilly & Company; Mr. Anthony J. Rose, Meitus Gelbert Rose, LLP; and Ms. Nancy G. Tinsley, Roche Diagnostics Operations Inc.

Location: Baker & Daniels LLP, 600 E 96th St, Ste 600

Credit Hours: 3.00 (Ethics & NAC)

Sponsor: IndyBar Intellectual Property Section

Indiana Trademark Litigation Update – Connecticut Electric v. Pacific Coast Breaker et al

26 Friday Nov 2010

Posted by in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trademark

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Connecticut Electric, Inc. v. Pacific Coast Breaker, Inc. et al

Plaintiff owns the  ZINSCO mark, which has been in use in connection with circuit breakers since 1974. Defendant initially bought Plaintiff’s circuits breakers for resale but then allegedly began manufacturing and selling its own counterfeit circuit breakers bearing the ZINSCO mark. Plaintiff also claims trade dress in the overall look and feel of the circuit breakers.

This case has an interesting public health component. Unlike the original ZINSCO breakers, which undergo a certification process, the knock-off breakers have not been tested (and therefore are not marked with the certification mark of a national testing lab). Let’s hope not many homes have had faulty ZINSCO breakers installed.

Court Case Number: 1:10-cv-01440-LJM-TAB
File Date: Tuesday, November 09, 2010
Plaintiff: Connecticut Electric, Inc.
Plaintiff Counsel: Douglas B. Bates of Stites & Harbison LLP, Vincent Allen of Carstens & Cahoon LLP
Defendant: Pacific Coast Breaker, Inc., PC Systems, Inc.
Cause: Trademark Counterfeiting, Trademark Infringement, Federal Trademark Dilution, Unfair Competition, False Designation of Origin & False Description, Trade Dress Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery Under IC 35-43-5-2(b), Counterfeiting Under IC 35-43-5-2(a)
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Tim A. Baker

IU study: Military technology transfers have positive impact on economy

24 Wednesday Nov 2010

Posted by in Indiana, Tech Developments

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Technology developed in military programs and transferred to private companies has a quantifiably positive impact on the economy, a new Indiana University study has confirmed.

A subset of 103 technology transfer agreements profiled in the report were directly responsible for 670 civilian jobs at private companies, universities and nonprofit organizations across the U.S. and indirectly responsible for more than 2,600 civilian jobs. According to the study, the average per-worker salary for these jobs is $79,300 per year, compared with an average U.S. compensation of $56,100.

Federal, state and local taxes generated by these agreements total $60 million. The 103 agreements generated $200 million in direct economic output, with an additional $345 million generated in related economic activity.

For more info, see TradingMarkets.com.

Indiana Trademark Litigation Update – CNH America v. Davis Equipment Sales & Service

23 Tuesday Nov 2010

Posted by in Intellectual Property, Litigation, Southern District of Indiana, Trademark

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CNH America, LLC v. Davis Equipment Sales & Service, Inc.

Plaintiff CNH has sold agricultural products under the NEW HOLLAND marks since 1957. Defendant was previously an authorized reseller, but continues to use Plaintiff’s marks after termination of the license arrangement. Further evidence that it makes sense to spend some extra time up front drafting a concise trademark license rather than resort to litigation on the back end.

Court Case Number: 4:10-cv-00141-RLY-WGH
File Date: Tuesday, November 09, 2010
Plaintiff: CNH America, LLC
Plaintiff Counsel: Catherine A. Nestrick of Bamberger Foreman Oswald & Hahn
Defendant: Davis Equipment Sales & Service, Inc.
Cause: Trademark Infringement, Unfair Competition, Dilution
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.