Indiana Patent Litigation Update – Masco Corporation of Indiana d/b/a Delta Faucet Company v. Watermark Designs, Ltd.

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Court Case Number: 1:10-cv-0716-SEB-JMS

File Date: June 9, 2010

Plaintiff: Masco Corporation of Indiana d/b/a Delta Faucet Company

Plaintiff Counsel: R. Trevor Carter, Brandon Scott Judkins

Defendant: Watermark Designs, Ltd.

Cause(s): Patent Infringement, Trademark Infringement, False Designation of Origin and False Description of Fact, Unfair Competition, Common Law Trademark Infringement and False Advertising Unfair Competition

Court: Indiana Southern District Court

Judge: Sarah Evans Barker

Referred to: Jane Magnus-Stinson

The subject patent:

If you’d like a full text copy of the patent, leave a comment.

Congratulations to the 2010 Mira Award Winners

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The TechPoint Mira Awards, presented by BKD, are the premier technology awards program in the state of Indiana. Be sure to congratulate the following 2010 award winners:

Innovation of the Year: OrthoX, South Bend

New Media Excellence and Innovation: Imavex LLC, Noblesville

Information Technology: ExactTarget, Indianapolis

Information Technology Gazelle (startup): BlueLock LLC, Indianapolis

Excellence in Corporate Information Technology: Hill-Rom Holdings Inc., Batesville

Health Care Information Technology
: My Health Care Manager Inc., Indianapolis

Health and Life Sciences: Cook Biotech Inc., West Lafayette

Health and Life Sciences Gazelle (startup)
: Nico Corp., Indianapolis

Advanced Manufacturing: EnerDel Inc., Indianapolis

Distribution, Transportation and Logistics
: Redcats USA, Indianapolis

Education Contribution to Technology, Team
: Ball State University Center for Media Design

Education Contribution to Technology, Individual: Thomas Mason, Rose-Hulman Institute of Technology

Source: Indianapolis Business Journal

Happy World Intellectual Property Day!!!

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Most people are aware of intellectual property (IP) – of copyright, patents, industrial designs and trademarks.  But many still view these as business or legal concepts with little relevance to their own lives.  To address this gap, WIPO’s Member States decided in 2000 to designate an annual World Intellectual Property Day.  They chose April 26, the date on which the Convention establishing WIPO originally entered into force in 1970.

Each year, WIPO and its Member States celebrate World Intellectual Property Day with activities, events and campaigns. These seek to increase public understanding of what IP really means, and to demonstrate how the IP system fosters not only music, arts and entertainments, but also all the products and technological innovations that help to shape our world.

The aims of World IP Day are:

  • to raise awareness of how patents, copyright, trademarks and designs impact on daily life;
  • to increase understanding of how protecting IP rights helps promote creativity and innovation;
  • to celebrate creativity, and the contribution made by creators and innovators to the development of societies across the globe;
  • to encourage respect for the IP rights of others.

Greatest invention? The toilet snorkel.

For more info and suggested activities, see WIPO.

Indiana, LOVE artist, in Trademark Litigation

Pop artist Robert Indiana, best known for his LOVE statue (which was created in 1964 for a Christmas card for New York’s Museum of Modern Art) is being sued by a former business partner, John Gilbert.

Gilbert claims Indiana signed an agreement three years ago which allowed him to license sculptures and other pieces bearing the word “prem” (Sanskrit for “love”) in Indiana’s iconic style.

The deal apparently fell apart at some stage, leading to the cancellation of auctions at both Sotheby’s and Christie’s, and according to Gilbert’s breach of contract suit, kept him from “meeting [his] obligations under current contracts and jeopardized prospective contractual agreements with numerous third parties.”

Indiana, now 81 years old, has filed a counter-suit for alleged violations of trademark law, stating that he never signed an agreement.

For the full story, see The Gothamist.

New Indiana Online Child Support Calculator

The Indiana Supreme Court has developed a new online child support calculator for use by attorneys, judges and other practitioners and a second one for use by parents. According to the Web site, the calculators were created as a tool to determine child support obligation. The one for parents also suggests it should not be used as a substitute for advice from a lawyer. They can be found at www.in.gov/judiciary/childsupport/. A downloadable calculator is currently in development.