Intellectual Property

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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NCAA granted stay in O'Bannon case; payments delayed

August 3, 2015
 Associated Press
The NCAA was given a respite Friday when the 9th U.S. Circuit Court delayed the implementation of possible payments to athletes for the use of their names, images and likenesses.
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Judge OKs $60 million settlement in NCAA video game case

July 20, 2015
 Associated Press
A federal judge approved a $60 million settlement for college athletes in a class-action lawsuit filed against the NCAA and video-game maker Electronics Arts.
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Taft bolsters IP practice with 10 lawyers from rival firm

June 17, 2015
Scott Olson, IBJ Staff
Taft Stettinius Hollister LLP has pulled off a major coup in the Indianapolis legal community by taking half the intellectual property practice from rival law firm Krieg DeVault LLP.
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Suing wrong man over Indy skyline photo costs lawyer $34K

June 9, 2015
Dave Stafford
A lawyer and photographer who sued hundreds of people claiming copyright infringement of his Indianapolis skyline picture must pay almost $34,000 in legal fees to a defendant who never used the image.
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Growth of IP law feeds large firms, boutiques

May 20, 2015
Dave Stafford
Not so long ago, patent and intellectual property attorneys most often practiced in firms that specialized in the technical, complex legal systems that govern and protect invention and creation. But big firms saw opportunities and seized them, sometimes gobbling up entire practices
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Lawyers treated to Time for Three on World IP Day

May 20, 2015
Dave Stafford
From Johannes Brahms’ “Hungarian Dance No. 5” to Robin Thicke’s “Blurred Lines,” what’s legal and what isn’t when it comes to musical performances shared center stage with the Time for Three trio during Indianapolis’ World IP Day event April 27.
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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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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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