Intellectual Property

Sanctioning Bettie Page

April 22, 2015
Dave Stafford
Bettie Page’s name and image popularized by once-scandalous pinups from the 1940s and 1950s remain hot properties still able to stir up trouble.
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Intellectual property issues are increasingly arising in other practice areas

April 22, 2015
Marilyn Odendahl
Intellectual property is no longer the geeky practice area, and it is going to continue to become more and more prominent. Patent and trademark issues continue to emerge in practice areas such as family law, estate planning and business law.
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Lechleiter: PTO improves adversarial procedures for challenging patents

April 22, 2015
As the U.S. Patent and Trademark Office issues more and more patents each year, inevitably many companies will find themselves named as defendants in patent-infringement litigation.
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McCauley: Are you prepared for a data breach litigation?

April 22, 2015
John McCauley
Data breaches can be very stressful events for an organization and counsel should be prepared to help a client navigate the complexities of a proper response. At the end of the day, maintaining the client’s ongoing relationship with its customers and its reputation in the marketplace should be the primary goal of the client and counsel.
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US Supreme Court weighs Spider-Man toy patent fight

March 31, 2015
 Associated Press
Spider-Man's latest adventure is taking him through the strange and mysterious world of patent law.
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Lucky, plucky owners reclaim and renew famous Hoosier trademarks

December 17, 2014
Dave Stafford
Entrepreneurs enjoying sweet successes and heady times with the resurgence of their retro products took varied paths to claim the rights to bring back brands with deep Hoosier roots. The new owners of Roselyn Bakery, Choc-Ola chocolate drink and Champagne Velvet beer got dormant brands back on store shelves by capitalizing on trademarks that had disappeared from the marketplace but retained a certain cachet.
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Frustrations with patent trolls spark push for pest control

December 17, 2014
Marilyn Odendahl
Three years after passing the Leahy-Smith America Invents Act which overhauled the U.S. patent system, Congress and state legislatures have been introducing bills that primarily seek to reform the process by clamping down on so-called patent trolls.
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Gallagher: Recent Supreme Court rulings could help end patent trolls

December 17, 2014
There have been recent efforts in Congress and state legislatures to address the issue of so-called patent trolls, also known as patent assertion entities. This year, at least three of the six patent-related decisions by the Supreme Court of the United States have been widely regarded as impacting PAE activity. Although these decisions are only six months old, they appear to be on a path to help curb these unwanted lawsuits.
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White: Say ‘I do’ to IP due diligence in business transactions

December 17, 2014
Intellectual property is one of the most valuable and important assets of any consumer products, life sciences or technology driven company. Despite the inherent value associated with these intangible assets, IP rights are often overlooked or are only cursorily evaluated when a company is embroiled in a business transaction (such as a merger or an acquisition).
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Judge rules for defendants in Indy skyline photo copyright suit

August 27, 2014
Dave Stafford
A retired attorney and photographer who has filed numerous infringement lawsuits over the use of his copyrighted photo of the Indianapolis skyline lost a contested case. The ruling judge also said the purported value of the photo is questionable.
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Purdue balks at use of its brand in panned film

August 25, 2014
 Associated Press
Purdue University officials are asking their legal counsel to look into a new movie that makes frequent references to the school despite its refusal to grant permission to use official trademarks and logos.
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Security software maker loses trademark case against Warner Bros.

August 14, 2014
Jennifer Nelson
The Plymouth, Indiana-based security software maker that sued Warner Bros. after the movie “The Dark Knight Rises” referred to hacking software as “clean slate” lost its trademark infringement case before the 7th Circuit Court of Appeals. The company, which has a program called “Clean Slate,” claimed its sales dropped after the movie came out.
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Emmert says NCAA will appeal O'Bannon ruling

August 11, 2014
 Associated Press
NCAA President Mark Emmert said Sunday that the NCAA will appeal a ruling that opens the door for college athletes to receive some of the money they help generate in major sports.
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IU Maurer IP clinic joins select U.S. Patent Office pilot program

August 4, 2014
Marilyn Odendahl
The intellectual property clinical program, established earlier this year at the Indiana University Maurer School of Law, has been certified for pro bono practice before the U.S. Patent Office.
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Decision against travel bureau over domain name draws sharp dissent on appeal

July 30, 2014
Dave Stafford
An Indiana Court of Appeals judge recently wrote that her colleagues who formed the majority to rule against a local tourism board were “out of touch,” and she suggested a case over an Internet domain name presented a novel issue that no court in the country has addressed.
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Trademark board rules against Redskins name

June 18, 2014
 Associated Press
A federal trademark board ruled Wednesday that the Washington Redskins nickname is "disparaging of Native Americans" and that the team's trademark protections should be canceled, a decision that applies new financial and political pressure on the team to change its name.
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7th Circuit issues correction in PepperBall opinion

May 13, 2014
IL Staff
The 7th Circuit Court of Appeals issued an order Monday correcting errors in its May 9 opinion on whether Indiana has jurisdiction to hear a dispute over intellectual property issues between two California companies.
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Indiana doesn’t have jurisdiction in IP suit, rules 7th Circuit

May 9, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a District judge to dismiss a case filed by a company with California ties against another California company alleging various IP violations. The judges found Indiana does not have personal jurisdiction over the matter based on emails the allegedly offending company sent.
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Indy club must pay BMI for DJ’s tunes

April 10, 2014
Dave Stafford
A downtown Indianapolis nightclub must pay a tab approaching $20,000 because the club and DJs failed to obtain public-performance licenses after repeated warnings.
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Attorney sues hundreds over use of city skyline picture

April 9, 2014
Dave Stafford
They say a picture is worth a thousand words. Attorney Richard Bell says his picture of the Indianapolis skyline is worth $1,500 or so if you’ve posted it on your website without first paying him to license it.
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Call IP attorney Donald Knebel the ‘master of the facts’

April 9, 2014
Marilyn Odendahl
Ironically, the eight years that veteran attorney Donald Knebel spent avoiding intellectual property law gave him the experience he needed when he finally turned his attention to patent litigation.
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IU Maurer, Rose-Hulman create IP scholars program

March 26, 2014
IL Staff
A new program established by Indiana University Maurer School of Law and Rose-Hulman Institute of Technology will allow select Rose-Hulman graduates to study at the IU law school at a reduced tuition rate.
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Copyright infringement spurs knife fight in Warrick County

March 12, 2014
Marilyn Odendahl
A copyright infringement dispute between two out-of-state companies has spurred criminal charges in Warrick County, a place where neither business has facilities, employees or quite possibly ever visited before these charges were brought.
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Mom and pop store can’t proceed pro se in Coach trademark lawsuit

February 26, 2014
Dave Stafford
The owners of a southern Indiana general store accused in a federal lawsuit of selling knockoff high-end Coach-brand products may not represent pro se their incorporated general store named in the suit.
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Gifts to IU McKinney enabling school to establish endowed chair and fellowship

February 17, 2014
IL Staff
The Indiana University Robert H. McKinney School of Law is endowing its first faculty chair made possible by the gift from school’s namesake donor.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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