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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Richard L. Young

Southern District of Indiana swears in new Magistrate

18 Saturday Dec 2010

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

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Jane Magnus-Stinson, Mark J. Dinsmore, Richard L. Young

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.

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

23 Tuesday Nov 2010

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

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Dilution, Litigation Update, Richard L. Young, Trademark Infringement, Unfair Competition, William G. Hussmann

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.

View this document on Scribd

Indiana Trademark Litigation Update – Batesville Services v. Cremation Options et al

30 Saturday Oct 2010

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

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Copyright Infringement, False Advertising, False Designation of Origin, Litigation Update, Richard L. Young, Trademark Infringement, Unfair Competition, Violation of the Anti-Cybersquatting Consumer Protection Act, William G. Hussmann

Batesville Services, Inc. v. Cremation Options, LLC et al

Plaintiff has sold cremation casket goods under the OPTIONS trademark since 1993. Defendants have been operating a competing website (www.cremationoptions.com) since 2002 that allegedly infringes on Plaintiff’s trademarks and copyrights in images of cremation goods.

Court Case Number: 4:10-cv-00129-RLY-WGH
File Date: Friday, October 15, 2010
Plaintiff: Batesville Services, Inc.
Plaintiff Counsel: Karen K. Gaunt of Wood Herron & Evans LLP
Defendant: Cremation Options, LLC, http://www.cremationoptions.com, Dustin Rhodes, Joseph Salvatore Damiano Sr., A.J. Styles, John Does 1-3
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, False Advertising, Violation of the Anticybersquatting Consumer Protection Act, Copyright Infringement, Indiana Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

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Indiana Copyright Litigation Update – Bedrock Builders Inc. v. Town Square Homes, LLC et al

27 Wednesday Oct 2010

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

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Architectural Drawings, Litigation Update, Richard L. Young, Tim A. Baker

Bedrock Builders Inc. v. Town Square Homes, LLC et al

Another case involving misappropriated architectural drawings. Home builders, you should know by now that architectural drawings are protected by copyright law. If there’s a floor plan you really like, just pay for it! The price is beans (approx. $700-1500) against the cost of building a home. The Defendants in this case allegedly took multiple tours of Plaintiff’s model homes and then proceeded to build a home strikingly similar to Plaintiff’s architectural drawings. The Complaint has a fairly detailed fact pattern to show wilful infringement.

Court Case Number: 1:10-cv-01294-RLY-TAB
File Date: Friday, October 15, 2010
Plaintiff: Bedrock Builders Inc.
Plaintiff Counsel: Brad R. Maurer, Louis T. Perry of Baker & Daniels
Defendant: Town Square Homes, LLC, Tony McLaughlin, Tom Mayer, Erin Mayer
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

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Indiana Trademark Litigation Update – Aire Serv Heating & Air Conditioning, Inc. v. Mark Niemann

13 Monday Sep 2010

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

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Common Law Trademark Infringement, Federal Trademark Infringement, Richard L. Young, Unfair Competition, William G. Hussmann

Aire Serv Heating & Air Conditioning, Inc. v. Mark Niemann

Plaintiff is franchisor of the AIRE SERV trademark for “installation, maintenance and repair of heating and air-conditioning equipment.” Defendant originally was a technician for Plaintiff but allegedly began providing service to personal clients under the name “Air Serv of Louisville,” without accounting to Plaintiff for any franchise fees.

Please leave a comment for a full copy of the Complaint.

Court Case Number: 4:10-cv-00101-RLY-WGH
File Date: Wednesday, September 01, 2010
Plaintiff: Aire Serv Heating & Air Conditioning, Inc.
Plaintiff Counsel: Richard A. Bierly of McNeely, Stephenson, Thopy & Harrold
Defendant: Mark Niemann
Cause: Federal Trademark Infringement, Federal Unfair Competition,
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr

View this document on Scribd
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