Intellectual Property

Davee: Initial trademark considerations when advising clients

April 20, 2016
When helping the client form their business, there are several items that should be discussed early on, particularly if the client has any desire to pursue federal trademark registration.
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Indiana patent law delaying demand letters

April 20, 2016
Marilyn Odendahl
While the passage of House Enrolled Act 1102 has not been met with a lot of noise, it is causing attorneys to think twice before sending a letter asserting patent infringement. Lawyers now have to consider the requirements of patent laws that have bloomed in many states and the potential ramifications of being found in violation.
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Nguyen: Is Circuit jurisdictional battle judicial wisdom or patent envy?

April 20, 2016
Having legitimate grounds to hear cases involving patent issues comes with a responsibility that regional circuits must address.
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Bloomington startup cultivates patents for novel way to garden

April 20, 2016
Dave Stafford
The U.S. Patent and Trademark Office on March 29 issued a design patent for the Garden Tower 2, and other patents are pending for an invention that allows up to 50 plants to grow in a compact space that would fit on the most modest apartment patio.
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Judge clears ‘Stairway to Heaven’ copyright case for trial

April 13, 2016
 Associated Press
A trial is needed to determine if Led Zeppelin’s “Stairway to Heaven” copies its opening notes from a song performed by the rock band Spirit, a federal judge has ruled.
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High court won’t hear appeal in NFL video game lawsuit

March 21, 2016
 Associated Press
The Supreme Court of the United States is staying out of a dispute between game maker Electronic Arts Inc. and former National Football League players who accuse the company of using their likenesses in the popular Madden NFL video game series without approval.
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Indiana company brings Jesse Owens to the big screen

March 9, 2016
Scott Roberts
An Indiana company that handles intellectual property rights had a big role in telling the story of one of the most influential track athletes of all time through a recently released movie.
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High court rejects appeal in Batmobile copyright case

March 7, 2016
 Associated Press
The U.S. Supreme Court is staying out of a copyright dispute involving a California man who produced replicas of the Batmobile for car-collecting fans of the caped crusader.
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High court won't hear appeal over NFL player settlement

February 29, 2016
 Associated Press
The Supreme Court of the United States turned away an appeal from three former NFL players who challenged a $42 million settlement between the league and nearly 25,000 former players over the NFL's use of player images in film footage.
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Indiana manufacturer’s ‘willful infringement’ suit set for SCOTUS argument

February 22, 2016
Marilyn Odendahl
Indiana medical device maker Zimmer Inc. will be fighting for its wallet Tuesday as part of a patent dispute before the Supreme Court of the United States.
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Publisher to pay $14M in 'Happy Birthday' copyright case

February 9, 2016
 Associated Press
Music publisher Warner/Chappell Music will return $14 million in fees to settle a lawsuit that challenges its claim to "Happy Birthday," one of the world's best-known songs.
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Caterpillar loses $74.6M verdict over trade secret theft

December 22, 2015
Caterpillar Inc. was ordered by a jury to pay $74.6 million for theft of trade secrets from a British maker of earth-moving equipment.
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Patent reform law withstanding challenges

December 16, 2015
Marilyn Odendahl
A battle between two tech companies put a key provision of the recent patent reform law on the firing line. But intellectual property attorneys were not surprised the patent holder attempted to knock out the administrative review process or that the attempt failed.
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Schantz: Infringing IP in your home with 3-D printing

December 16, 2015
Adherence to a few principles will avoid many of the intellectual property potholes on the road of 3-D printing.
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Warr: Cybersecurity lessons learned from an ostrich

December 16, 2015
When the topic of cybersecurity arises, many companies react by burying their heads in the sand. However, playing an ostrich when it comes to cybersecurity will not save you.
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Nguyen: Banking on intellecutal property

December 16, 2015
What do startups and high-growth companies have in common? Intellectual property is their most valuable asset, separating one company from the others in a fiercely competitive tech environment.
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Class-action status granted in athletic scholarship lawsuits

December 8, 2015
 Associated Press
Class-action status has been granted by a federal judge in two lawsuits against the NCAA that claim scholarships illegally cap compensation to college athletes.
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Michael Jordan, Jewel-Osco reach settlement over use of name

November 23, 2015
 Associated Press
Spokespeople for Michael Jordan and a supermarket chain say there's a settlement regarding the alleged misuse of the basketball star's name.
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High court won't hear appeal over use of Bob Marley's image

November 2, 2015
 Associated Press
The Supreme Court of the United States Monday rejected an appeal from clothing companies that claim they have legal rights to sell shirts with the image of reggae icon Bob Marley.
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FanDuel sued by former Colt over use of name, image

November 2, 2015
 Bloomberg News
Fantasy-sports gaming site FanDuel Inc. has been sued by former Indianapolis Colts receiver Pierre Garcon over the use of his name and image, which he claims was done without his permission.
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Water flavorings lawsuit may mean end of gravy train in Texas

October 28, 2015
 Bloomberg News
Could a fight over flavoring water mean the end of a court district that’s become notorious for its patent litigation? It might, if Heartland Consumer Products Holdings LLC is successful in getting a patent-infringement lawsuit filed against it last year by Kraft Heinz Co. in Delaware moved to a court in its home state of Indiana.
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Damages dispute against Zimmer Biomet subsidiary headed to SCOTUS

October 20, 2015
Marilyn Odendahl
A wholly owned subsidiary of Zimmer Biomet in Warsaw, Indiana, will be arguing it should not have to pay about $248 million in a patent infringement case scheduled to be heard by the Supreme Court of the United States.
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Jury: Apple infringed on Wisconsin university's tech patent

October 14, 2015
 Associated Press
A federal jury has found Apple Inc. infringed on a technology patent held by the foundation that protects the University of Wisconsin's intellectual property.
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Patent hub playing matchmaker for inventors, pro bono attorneys

September 9, 2015
Marilyn Odendahl
Under a mandate from Congress to help independent inventors, the U.S. Patent and Trademark Office started opening patent hubs around the country. The Center for Intellectual Property Research at Indiana University Maurer School of Law will be the hub serving Indiana.
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Matchmaking service unveiled for Indiana inventors and IP attorneys

September 2, 2015
Marilyn Odendahl
Indiana University Maurer School of Law is getting into the matchmaking business.The school’s Center for Intellectual Property Research has opened a patent hub which will connect inventors with IP attorneys willing to do pro bono work.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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