Category

Intellectual Property
The U.S. Supreme Court recently resolved a lengthy copyright dispute over an iconic image of the musical legend Prince more than 40 years after its original creation.  In 1981, Lynn Goldsmith took a photo of Prince and allowed Vanity Fair to use the photo as an artist reference for illustration. Artist Andy Warhol based a...
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Time and again, we have underestimated the pandemic’s ability to impact seemingly obscure aspects of our lives. Our work lives have been uprooted, and our personal lives at times, cancelled. To fill the void left by cancelled social functions, most folks have spent even more of their free time streaming their favorite shows and what...
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Kent A. “KAB” Brasseale II has been named a Co-Managing Partner of Kahn, Dees, Donovan & Kahn, LLP (KDDK), an experienced full-service law firm dedicated to effectively serving the legal needs of clients since 1908. KAB joins KDDK Co-Managing Partners Jeffrey K. Helfrich and Mark S. Samila. He succeeds Partner Brian P. Williams, who has...
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  A recent decision out of the Southern District of Indiana, Design Basics, LLC et al. v. Kerstiens Homes & Designs, Inc., et al., Case No. 1:16-cv-00726, struck a blow against an architectural design company and marked a victory for builders and home designers. Kerstiens Homes & Designs is a residential construction company based in...
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Businesses invest substantial amounts of time and money in developing name recognition and goodwill in their products and services, and protecting the same.  Two Indiana businesses, Family Express Corporation and Square Donuts, Inc., have been embroiled in a dispute for nearly a decade over which entity is entitled to use the term “Square Donuts” in...
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On May 11, President Obama signed the Defend Trade Secrets Act (DTSA) of 2016, providing a federal cause of action for misappropriation of trade secrets. Until now, companies suing to defend their trade secrets had to resort to state courts. While most states have laws protecting trade secrets, outcomes under these laws were neither uniform...
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A lawsuit that had challenged music publisher Warner/Chappell’s rights in its claims of copyright ownership in the lyrics to “Happy Birthday” has resulted in a settlement that requires Warner/Chappell to reimburse $14 million to licensees for fees that were paid to use the song.  As a result, the “Happy Birthday” song is now in the...
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Trade secrets are important and valuable assets of a business operation. In Indiana, trade secrets are protected by the Uniform Trade Secrets Act pursuant to Indiana Code § 24-2-3-2, et seq. Trade secrets are generally defined as information that derives its independent economic value from being generally not known or readily ascertainable, and reasonable efforts...
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Recently, after a complex three-week trial involving more than a dozen different patents, over 30 allegedly infringing devices and wide-ranging claims on utility, design ownership and trade dress, a federal court jury in the lawsuit between Apple and Samsung found mostly in favor of Apple, including awarding Apple just over $1 billion in damages, while...
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