South Bend, Indiana – Pro se Plaintiff Angela E. Brooks-Ngwenya, of Fort Wayne, Indiana has filed a copyright complaint in the Northern District of Indiana alleging that The Mind Trust, United Way of Central Indiana, Central Indiana Education Alliance, Phalen Leadership Academies, and Indianapolis Public Schools (“IPS”), all of Indianapolis,…
Indiana Intellectual Property Law News
Indiana Copyright Litigation: BMI Asserts Copyright Infringement Against Hardy’s Café
New Albany, Indiana – A copyright attorney for Broadcast Music, Inc. (“BMI”) of New York, New York filed a complaint for copyright infringement in the Southern District of Indiana, New Albany Division against Philkerr, LLC d/b/a Hardy’s Café and Steven Phillips, individually, both of Scottsburg, Indiana. BMI asserts that it…
Indiana Copyright Litigation: Court Allows Copyright Plaintiff to Add New Defendants
Indianapolis, Indiana – Acting as his own Indiana copyright lawyer, Larry G. Philpot of Indianapolis, Indiana, filed a motion to amend his complaint in the Southern District of Indiana, Indianapolis Division in his ongoing intellectual property litigation against Mansion America, LLC and Oak Ridge Boys Theater of Branson, Missouri. This…
196 Trademark Registrations Issued to Indiana Companies in August 2015
The U.S. Trademark Office issued the following 196 trademark registrations to persons and businesses in Indiana in August 2015 based on applications filed by Indiana trademark attorneys: Registration No. Word Mark Click To View 4803991 AUGUSTA VIEW 4803938 STERI-SPRAY VIEW 4803791 THE CLEAN BETWEEN VIEW 4803717 VIEW 4803704 HEALTHY SPRING…
Patent Office Issues 151 Patents To Indiana Citizens in August 2015
The U.S. Patent Office issued the following 151 patent registrations to persons and businesses in Indiana in August 2015, based on applications filed by Indiana patent attorneys: PAT. NO. Title 1 D737,243 Wall mount DVD/radio 2 D737,215 Electrical connector 3 9,117,015 Management method and system…
Indiana Patent Law: Court Orders TapLogic to Provide Additional Detail Regarding Non-Infringement Contentions
Fort Wayne, Indiana – Magistrate Judge Susan Collins ordered TapLogic, LLC to serve Agri-Labs with more-detailed preliminary non-infringement contentions (“PNICs”) in the ongoing patent litigation between TapLogic and Agri-Labs Holdings, LLC over TapLogic’s smart phone application “Ag PhD Soil Test.” At issue in this patent litigation is U.S. Patent No.…
Indiana Trademark Litigation: New Zealand Stroller Company Sued for Use of Navigator Trademark
Indianapolis, Indiana – Indiana trademark attorneys for Baby Trend, Inc. of California filed an intellectual property lawsuit in the Southern District of Indiana alleging trademark infringement. The company claims that Phil and Teds Most Excellent Buggy Company Limited (“Phil and Teds”), a New Zealand-based enterprise, infringed U.S. Trademark Registration No.…
Indiana Patent Litigation: Court Permits Bonutti to Withdraw Counterclaim, Denies Attorneys’ Fees to Biomet
Hammond, Indiana – In the matter of Biomet, Inc. v. Bonutti Skeletal Innovations, LLC, the Northern District of Indiana, Hammond Division granted Defendant Bonutti’s motion to dismiss with prejudice its counterclaim. Bonutti’s counterclaim alleged that Biomet had infringed U.S. Patent No. 7,806,897 (the “‘897 patent”). Patent attorneys for Biomet Inc.…
Introduction to Criminal Copyright Infringement – Fourth Element: Commercial Advantage or Private Financial Gain
The fourth element of a criminal prosecution for copyright infringement requires that the government prove that the defendant engaged in an act of copyright infringement “for purposes of commercial advantage or private financial gain.” It is unnecessary that a profit be made as a result of the infringing activities. This…
Introduction to Criminal Copyright Infringement – Third Element: Willfulness
The third element of a criminal prosecution for copyright infringement requires that the government establish that the defendant possessed criminal intent to infringe the holder’s copyrighted work. Courts generally agree that a “willful” act must be “an act intentionally done in violation of the law.” However, in defining willfulness when…