« Ind. Law - Dispute between Elkhart's mayor and the General Assembly over a 2nd reading amendment | Main | Ind. Courts - Tennessee takes a different approach »

Monday, April 15, 2013

Ind. Decisions - Court of Appeals issues 2 today (and 1 NFP)

For publication opinions today (2):

In Serenity Springs, et al. v. The LaPorte County Convention and Visitors Bureau, a 22-page opinion, involving a claim of domain name cybersquatting, Judge Friedlander writes:

Serenity Springs, Inc. and its principal owner, Laura Ostergren, (collectively, Serenity) appeal from the trial court’s order permanently enjoining Serenity from using the designation “Visit Michigan City LaPorte” and ordering Serenity to transfer the domain name registration for visitmichigancitylaporte.com to the LaPorte County Convention and Visitors Bureau (the Bureau). Serenity raises three issues, which we consolidate and restate as follows: Did the trial court err in concluding that Serenity committed trademark infringement and cybersquatting? The Bureau cross-appeals and requests an award of appellate attorney fees. Concluding that the Bureau did not establish that Serenity committed trademark infringement or cybersquatting because it failed to establish that it held a valid and protectable trademark in the designation “Visit Michigan City LaPorte,” we reverse the trial court’s judgment and remand with instructions to consider the Bureau’s remaining claims. Additionally, because Serenity has prevailed in this appeal, we deny the Bureau’s request for appellate attorney fees.
In Jose Guzman v. State of Indiana, a 16-page opinion, Judge Bradford writes:
On October 2, 2011, Appellant-Defendant Jose Guzman was involved in a traffic accident when his vehicle collided with a vehicle driven by Charity Bland. Bland died as a result of the injuries she sustained in the accident. Her passenger, Richie Austin, was also severely injured. On October 4, 2011, Guzman was charged with numerous offenses, including Class C felony reckless homicide, stemming from the October 2, 2011 accident. Guzman subsequently pled guilty to the Class C felony reckless homicide charge and, in exchange for Guzman’s guilty plea, the State agreed to drop the remaining charges. The trial court subsequently accepted Guzman’s plea, and on August 9, 2012, sentenced Guzman to an eight-year term of incarceration in the Department of Correction and ordered him to pay restitution to the Estate/Family of Bland and to Austin.

On appeal, Guzman argues that the trial court abused its discretion in ordering him to pay restitution to Austin and in sentencing him. Guzman also argues that his eight-year sentence is inappropriate. Concluding that the trial court acted within its discretion in ordering Guzman to pay restitution to Austin and in sentencing Guzman, and that Guzman’s sentence is not inappropriate, we affirm.

NFP civil opinions today (1):

John Roberts v. Stephen Buennagel and Allstate Insurance Company (NFP)

NFP criminal opinions today (0):

Posted by Marcia Oddi on April 15, 2013 09:57 AM
Posted to Ind. App.Ct. Decisions