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Indiana Intellectual Property Law News

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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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Patent Office Issues 143 Patents To Indiana Citizens in July 2015

The U.S. Patent Office issued the following 143 patent registrations to persons and businesses in Indiana in July 2015, based on applications filed by Indiana patent attorneys: PATENT NO. TITLE D735,327 Transitional handle D735,298 Faucet D735,293 Filter element D735,287 Golf green divot repair tool D735,055 Multi-pocket hotdog package D735,049 Container…

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Criminal Copyright Infringement – 17 U.S.C. § 506(a) and 18 U.S.C. § 2319

The principal criminal statute protecting copyrighted works is 17 U.S.C. § 506(a), which provides that “[a]ny person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain” shall be punished as provided in 18 U.S.C. § 2319. Section 2319 provides, in pertinent part, that a 5-year…

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Copyright Law Introduction – Federal Law Preempts State Law

Historically, copyright protection had been provided through a dual system under which the federal government, by statute, provided limited monopolies for intellectual property concurrently with state statutory and common laws that established roughly equivalent protections. In 1976, Congress fundamentally changed this system by introducing a single, preemptive federal statutory scheme.…

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Supreme Court Keeps Brulotte – Post-Expiration Patent Royalties are Still Unlawful Per Se

Washington, D.C. – The U.S. Supreme Court recently decided a patent-royalty lawsuit, Kimble v. Marvel Entertainment, LLC. The Court, divided 6-3, ruled against Kimble. Stephen Kimble sued Marvel in 1997 for infringing his patent, U. S. Patent No. 5,072,856,  with its “Web Blaster,” a toy that allowed users to mimic…

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Seventh Circuit Trademark Law: WD-40 Did Not Infringe “Inhibitor” Trademark

Chicago, Illinois – The United States Court of Appeals for the Seventh Circuit affirmed the  ruling of the United States District Court for the Northern District of Illinois, Western Division in the matter of Sorenson v. WD-40 Company, holding that WD-40’s use of “inhibitor” and a crosshair graphic on its product…

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Indiana Trade Secret Litigation: Angie’s List Alleges Theft of Trade Secrets by Amazon Local and Employees

Indianapolis, Indiana – Indiana intellectual property lawyers for Angie’s List Inc. of Indianapolis, Indiana sued in the Southern District of Indiana alleging theft of trade secrets. The Defendants in this litigation are AmazonLocal LLC of Seattle, Washington, Michael Albo, Kristin Baker, Dan Beary, Colton Bozigian, Jake Connerton, Adam DiVincenzo, Brandon…

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