ICLEF Wants Your Thoughts in the Area of Negotiations

As attorneys, you spend much of your time negotiating for your client to obtain the best results possible. In preparation for our upcoming two-day workshop Breakthrough Negotiations: Developing Better Awareness and Understanding of Self, Others and the Process (May 28-29) ICLEF is seeking your thoughts on a number of issues relating to the negotiations process.

https://www.surveymonkey.com/s/ICLEF

Please take a moment to share your thoughts and perceptions about the skills needed and that you find successful in negotiations. Your input will be used to help shape our upcoming workshop.

For more information on the ICLEF Breakthrough Negotiations workshop, Click Here.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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On Demand CLE is Easy at ICLEF!

On Demand CLE. What’s that?  Can I watch them from my office or home? (Yes)   Is it difficult to setup? (No)   Could I find programs for my area of practice? (Definitely)

ICLEF On Demand Seminars are prerecorded Live Seminars that are available – on your schedule – anywhere you choose. For instance, if your schedule didn’t permit you to be at a Live In-Person Seminar of that important law update, you can catch it later On Demand. You select the CLE and we take you through the easy steps to watch it at a time of your preference. All the materials needed are available for you as searchable PDF documents and if any software is needed it will be downloaded and installed for you.

You’ll find a diverse selection of subject matter available On Demand, including: Family Law, Estate & Trust, Ethics, Bankruptcy, Litigation, Elder Law, Intellectual Property, Real Estate Law and much more. So, get ready to download your CLE materials and grab a cup of coffee.

On Demand CLE Seminars from ICLEF are an easy, quality alternative to Live In-Person Seminars. Click Here for the current listing of On Demand Seminars and watch your weekly ICLEF email newsletter for updates. For a How To on purchasing, downloading and viewing an On Demand Seminar, Click Here.

Note: Indiana lawyers are permitted 6 CLE credits in each 3-year cycle via On Demand Seminars and/or Live Individual Webcasts.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Indiana Copyright Litigation: Microsoft Asserts Copyright, Trademark Infringement by Ace Recycling

By: Paul B. Overhauser
Publisher: Indiana Intellectual Property Law News

Fort Wayne, Indiana – An Indiana copyright and trademark attorney for Microsoft Corporation (“Microsoft”) of Redmond, Washington sued in the Northern District of Indiana alleging that Ace Recycling, Inc. and Kevin Cawood, both of Fort Wayne, Indiana (collectively, “Defendants”), infringed copyrighted material belonging to Microsoft. Defendants have also been accused of trademark infringement, false designation of origin, false description and representation, counterfeiting and unfair competition. Microsoft seeks damages, an accounting, the imposition of a constructive trust upon Defendants’ illegal profits, and injunctive relief.

Microsoft develops, markets, distributes and licenses computer software. Ace Recycling is engaged in the business of advertising, marketing, installing, offering, and distributing computer hardware and software, including the software at issue, which Microsoft contends is unauthorized.

Microsoft’s software products, which have been registered by the U.S. Copyright Office, include Microsoft Windows XP and Microsoft Vista, both of which are operating systems for desktop and computers.

Also at issue are the following trademarks and service marks belonging to Microsoft:

“MICROSOFT,” Trademark and Service Mark Registration No. 1,200,236, for computer programs and computer programming services;
“MICROSOFT,” Trademark Registration No. 1,256,083, for computer hardware and software manuals, newsletters, and computer documentation;
• WINDOWS, Trademark Registration No. 1,872,264 for computer programs and manuals sold as a unit; and
• COLORED FLAG DESIGN, Trademark Registration No. 2,744,843, for computer software.

Microsoft contends that Defendants advertised, marketed, installed, offered and distributed unauthorized copies of Microsoft software, despite Microsoft’s claims that their actions infringed Microsoft’s intellectual property rights. Specifically, Microsoft asserts that, in April 2013, Defendants distributed to an investigator refurbished computer systems with unauthorized copies of Windows XP installed on them. In response, in June 2013, Microsoft asked Defendants to cease and desist from making and distributing infringing copies of Microsoft software. Microsoft alleges that, in May 2014, Defendants again distributed to an investigator a refurbished computer system with an unauthorized copy of a Windows operating system – in that case, Windows Vista – on it.

Microsoft contends that these are not isolated incidents but, instead, indicate Defendants’ pattern of acting in reckless disregard of Microsoft’s registered copyrights, trademarks and service marks.

In this Indiana lawsuit, Microsoft’s copyright and trademark attorney makes the following claims:

• Copyright Infringement – 17 U.S.C. § 501, et seq.
• Trademark Infringement – 15 U.S.C. § 1114
• False Designation Of Origin, False Description And Representation – 15 U.S.C. § 1125 et seq.
• Indiana Common Law Unfair Competition
• For Imposition Of A Constructive Trust Upon Illegal Profits
• Accounting

Microsoft asks for a judgment of copyright infringement; of trademark and service mark infringement; that Defendants have committed and are committing acts of false designation of origin, false or misleading description of fact, and false or misleading representation against Microsoft, in violation of 15 U.S.C. § 1125(a); that Defendants have engaged in unfair competition in violation of Indiana common law; and that Defendants have otherwise injured the business reputation and business of Microsoft.

Microsoft also asks for the impoundment of all counterfeit and infringing copies of purported Microsoft products; the imposition of a constructive trust upon Defendants’ illegal profits; injunctive relief; damages, including enhanced damages; and costs and attorneys’ fees.

The case was assigned to Judge Joseph Van Bokkelen and Magistrate Judge Susan L. Collins in the Northern District of Indiana and assigned Case No. 1:15-cv-00032-JVB-SLC.

Complaint

______________________________________________________________________________________

Paul B. Overhauser, Publisher, Indiana Intellectual Property Law News

Overhauser Law Offices, LLC provides intellectual property services including patents, trademarks, copyrights and infringement litigation. Whether you’re an entrepreneur launching your first invention or a corporation looking for a litigation specialist, we have the legal experience to meet your goals.

To learn more about how Overhauser Law Offices can help you, browse our website to meet our lawyers and peruse our practice areas.  Then contact us, and we’ll put our expert team to work for you.

© 2015

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Step 6: Press Play - On Demand Seminar Download

How to Download & View ICLEF On Demand Seminars

To Get Started Downloading & Viewing ICLEF On Demand CLE Seminars:

• Click this On Demand Seminar link or the On Line Seminars link on the ICLEF.org main page. (see image below)

ICLEF.org with Online Seminars Circled

 

 

 

 

 

 

 

• Select 1 of the 50 available Online/On Demand seminars by clicking the Details Button(see image below)

Step2: Click Details of On Demand of your choice

 

 

 

 

 

 

 

 

• Click the Purchase Options Button. Choose Tuition and click Add to Cart(see images below)

Step 3: Purchase Options - On Demand PurchaseStep 4: Add to Cart - On Demand Purchase

 

 

 

 

 

• Fill in the requested information so we can accurately assign the CLE credit hours.
• Click Checkout and finalize your purchase with a credit card. (see image below)

Step 5: Checkout - On Demand Purchase

 

 

 

 

 

 

• Once your purchase is finalized a self-diagnostic check is performed automatically to your system and All the software you need is automatically downloaded to your computer, free of charge.
• To begin viewing your seminar click on the My Products Tab, select your recent purchase, press the Play Button and relax!

Step 6: Press Play - On Demand Seminar Download

 

 

 

 

 

 

 

 

 

 

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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