Intellectual Property

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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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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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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