7th Circuit won’t increase damages award in music trademark suit
A music company has failed to convince the 7th Circuit Court of Appeals to increase its award of damages by millions in a trademark suit against Guitar Center Stores, Inc.
Intellectual Property
Articles
Cole: Congress to the rescue in race to save software patents
When it often takes three to five years to secure a patent, you don’t want to empty your patent application pipeline if you think the law will change in the near term. And now it is looking increasingly likely that Congress will step in and bring order to the current chaos.
Roach & Hiler: Top 10 technology licensing pitfalls
While license agreements are often complex, we have seen many common pitfalls in licenses for patents and know-how (trademark and copyright licenses present similar issues, but are beyond the scope of this article). A “top 10” is a somewhat arbitrary list, but here goes:
Say what?: Trademark case tests ‘scandalous,’ ‘immoral’ standards
A First Amendment case just heard by the United States Supreme Court pits an anti-establishment brand — the four-letter acronym for Friends U Can't Trust — against federal prohibitions on trademarks that are “scandalous and immoral.”
IMA pro views art through a legal lens
Anne Young, manager of rights and reproductions at the Indianapolis Museum of Art, has an eye for photography as well as a focus on intellectual property considerations for collection curators. You might say she helped write the book on the subject.
University IP offices protect key innovations
At Indiana University, Purdue University, Notre Dame and elsewhere, specialized university technology and commercialization offices are taking an expanding role in protecting the intellectual property of academic research, innovations and inventions.
Brown: Is a taco a sandwich? This IP question isn’t patently absurd
I was reminded recently of a client who came to see me with drawings of a chair he had designed, and he wanted to protect it. As we looked at the design and mulled over the possible ways others might find value in it, it became clear that the chair might fit into multiple IP buckets — or perhaps none at all.
Lechleiter, Dodge and Griffin: Alice in Wonderland — the uncertain state of patent eligibility
The law surrounding a key patent statute, 35 U.S.C. § 101, is “a real problem” that is “almost impossible to apply consistently and coherently” and “needs clarification by higher authority.” When federal appellate judges make statements like these, the issue is worth further exploration.
Hart: Trade secret protection requires customized measures
Because there is “no one size fits all” analysis to determine whether something qualifies as a trade secret — including whether its owner took reasonable measures to protect it — a lawyer tasked with protecting a client’s trade secrets must be intimately familiar with the client’s protectable interests.
Carmel spine surgeon wins $112M verdict in royalty battle with Medtronic
Dr. Rick C. Sasso, an Indiana spine surgeon and inventor, has won a sweeping, five-year legal battle against medical-device giant Medtronic, with a jury awarding him $112 million in damages Nov. 28.
Carmel spine surgeon wins $112M verdict in royalty battle with Medtronic
Dr. Rick C. Sasso, an Indiana spine surgeon and inventor, has won a sweeping, five-year legal battle against medical-device giant Medtronic, with a jury this week awarding him $112 million in damages. Sasso, president of Indiana Spine Group, claimed Medtronic had violated a contract by not paying royalties he was due for spinal implants and screw-implant systems he had invented and licensed to the company more than a decade ago.
7th Circuit: Fantasy sports right to publicity battle over
A civil suit brought by three former college football players against online fantasy-sports companies FanDuel and DraftKings has officially ended, the 7th Circuit Court of Appeals ruled Thursday.
Justices: Fantasy sports excepted from right of publicity
The Indiana Supreme Court answered a certified question posed by the 7th Circuit Court of Appeals on how Indiana’s right-to-publicity statute affects the fantasy sports industry, finding sites such as DraftKings and FanDuel are shielded by an exception for material with newsworthy value.
Splenda maker settles trademark lawsuit against IHOP, Applebee’s franchisor
The Carmel-based maker of Splenda sweetener has settled a legal dispute with the franchisor of International House of Pancakes and Applebee’s, which it sued last year for trademark infringement.
Attorney-photographer loses suit against IPAC director
A McCordsville attorney and hobbyist photographer who has sued dozens of people for the alleged infringement of his photo of the Indianapolis skyline has lost key rulings in the most recent order in his various cases.
New Indianapolis inn of court bringing IP bar, bench together
The central Indiana intellectual property bar will celebrate a significant milestone Wednesday when the Indianapolis Intellectual Property Inn of Court holds its first meeting.
Gary mayor, IP practice chair carrying on Shirley’s legacy
One has realized her dream of being mayor of her hometown and the other is leading in a legal field that has typically attracted more men than women. Neither likes the spotlight, preferring to share any recognition, but both are credited with carving new paths for women and mentoring the next generation.
Steven Tyler sends Trump cease-and-desist for using song
Aerosmith frontman Steven Tyler is again demanding that President Donald Trump stop using the band’s songs at rallies. A Trump rally is scheduled for Aug. 30 in Evansville.
Attorney awarded $150K for infringement of Indy photo
An Indiana attorney and hobbyist photographer who has sued dozens of people for the unauthorized use of a copyrighted image has been awarded more than $150,000 for the willful infringement of his photo of the Indianapolis skyline.
Lawyer’s Indy skyline photo on trial in infringement case
More than 18 years ago, an attorney with a photography hobby took a photo of the Indianapolis skyline that would later become the subject of dozens of copyright infringement lawsuits he filed against defendants across the country. One of those cases came to trial Tuesday in a contentious, seven-hour hearing that also put the photo itself on trial.