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Indiana Intellectual Property Law News

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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.…

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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.…

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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…

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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…

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Introduction to Criminal Copyright Infringement – Second Element: Infringement

The second element of a criminal prosecution for copyright infringement requires that the government prove that the defendant infringed upon the holder’s rights in its copyrighted intellectual property. Although the term “infringement” itself is not specifically defined in the copyright statute, 17 U.S.C. § 501(a) provides that: “[a]nyone who violates any of…

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Indiana Copyright Litigation: Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit

Indianapolis, Indiana – Richard N. Bell of McCordsville, Indiana, who is both an Indiana copyright attorney and a professional photographer, filed a lawsuit alleging copyright infringement in the Southern District of Indiana. Bell claims that Indiana Procurement Technical Assistance Center of Indianapolis, Indiana infringed his copyrighted “Indianapolis Skyline” photo, U.S.…

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Indiana Patent Litigation: Lilly Files New Lawsuit Alleging Patent Infringement of Alimta

Indianapolis, Indiana – An Indiana patent attorney for Eli Lilly and Company of Indianapolis, Indiana, in conjunction with Washington, D.C. co-counsel, sued for patent infringement in the Southern District of Indiana. Lilly claims that Emcure Pharmaceuticals Ltd. of Pune, India; Heritage Pharma Labs, Inc. of East Brunswick, New Jersey; and…

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Introduction to Criminal Copyright Infringement – First Element: Existence of a Valid Copyright

The first element of a criminal prosecution for copyright infringement under 17 U.S.C. § 506(a) requires proof that the copyright at issue is a valid copyright. This may be established by demonstrating that the formal requirements of copyright registration have been satisfied. Although registration of a copyrighted work is not…

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Indiana Patent Litigation: Lilly Asks Indiana Court to Rule That It Has Not Infringed Patent

Indianapolis, Indiana – An Indiana patent attorney for Eli Lilly and Company of Indianapolis, Indiana filed a patent-related lawsuit against Uropep Biotech GbR of Garbsen, Germany in the Southern District of Indiana. Plaintiff Lilly is in the business of, among other things, the manufacture and sale of various pharmaceuticals including…

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167 Trademark Registrations Issued to Indiana Companies in July 2015

The U.S. Trademark Office issued the following 167 trademark registrations to persons and businesses in Indiana in July 2015 based on applications filed by Indiana trademark attorneys: Registration No.  Word Mark Click To View 4773612 LIFESTYLE INNOVATIONS VIEW 4783708 PREMIUM PLANES VIEW 4781983 LIFELINE DATA CENTERS VIEW 4781870 TELESCOOP VIEW…

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