APRIL NEWSLETTER

Chief Judge Walter Rice of the United States District Court for the Southern District of Ohio ruled favorably in March on a motion to compel arbitration and to dismiss plaintiff's Complaint filed by Charlie Faruki, Jeff Cox and Melinda Burton on behalf of a medical practice group in a wrongful termination/False Claims Act lawsuit. Enforcing the arbitration provision in the employment agreement, the Court's 24-page opinion addresses the enforceability and scope of such arbitration provisions under governing caselaw interpreting the Federal Arbitration Act and the False Claims Act. The opinion also analyzed Plaintiff's public policy arguments, which in this case failed.

Recently Chief Judge Rice entered final judgment in favor of the firm's clients, defendants in an intellectual property litigation over the product configuration trade dress of the plaintiff's products, certain photograph and scrapbook albums and the pages placed in those albums. The federal court had previously granted summary judgment on the plaintiff's implied passing off claims under § 43(a) of Lanham Act, 15 U.S.C. § 1125(a), and under the Ohio Deceptive Trade Practices Statute, Ohio Rev. Code Chapter 4165, for use of photographs of the plaintiff's page protectors in the defendants' packaging. In the recent ruling, the Court granted the defendants' summary judgment motion with regard to the remaining trade dress claims, under § 43(a) of the Lanham Act and the common law of Ohio. Among other issues, the Court had to apply recent decisions of United States Supreme Court and the Sixth Circuit Court of Appeals regarding the functionality doctrine in trade dress cases. Charlie Faruki and Jeff Sharkey were the FG&I attorneys on this case.

Charlie Faruki and Jeff Ireland will co-chair the Annual Antitrust Institute in Columbus, sponsored by the Ohio State Bar Association's Antitrust Section. Charlie and Jeff are members of the Board of Governors of the Antitrust Law Section of the OSBA. The conference will explore the intersection of antitrust and intellectual property.

On March 14, 2002, the firm was proud to continue its tradition of being the lead sponsor for the YWCA of Dayton's Annual Circle of Influence Luncheon. The luncheon honors women from the greater Dayton community who have made a significant contribution to the life of the YWCA and the community. It is the largest single fund raiser for the YWCA and over 600 people attended the luncheon. One of this year's honorees was the Honorable Alice McCollum of the Dayton Municipal Court. Congratulations to all of the 2002 honorees. Diane Goderre is a member of the Board of Trustees of the YWCA of Dayton.

Charlie Faruki is co-chairing a fundraiser for Justice Evelyn Lundberg Stratton, who is running for reelection to the Supreme Court of Ohio. Justice Lundberg Stratton will be in Dayton for an April 19 fundraiser.

In an antitrust and Michigan franchise act suit defended successfully by Jeff Ireland, Mary Wiseman and Lisa Parilo, Watkins & Son Pet Supplies vs. The Iams Company, the United States District Court for the Southern District of Ohio recently awarded FG&I's client, The Iams Company, over $30,000, plus post-judgment interest for costs and sanctions levied against the unsuccessful Plaintiff litigant. The sanctions were imposed on Plaintiff Watkins as a result of its discovery conduct that necessitated the re-deposition of Plaintiff's expert witness. The award of sanctions is unusual. In this case, FG&I's strong motion papers and full documentation of Plaintiff's discovery abuse led to a favorable decision.

Mary Wiseman, Tom Kraemer and Dan Gentry gave presentations on March 19 to tenants and staff of The Entrepreneurs' Center, Dayton's business incubator for emerging technology firms. These presentations covered the protection of intellectual capital and property through non-competition agreements, non-disclosure agreements and the appropriate use of teaming agreements. Using their firsthand experience drawn from litigating trade secret, noncompete and nondisclosure cases, FG&I explained the advantages and pitfalls of these types of agreements commonly used by businesses of all sizes. Mary will facilitate a presentation in May, with attorneys from other Dayton firms, to the Entrepreneurs' Center on international laws affecting intellectual property.

Mary Wiseman and Dan Gentry filed suit in March on behalf of our client The Reynolds and Reynolds Company seeking recovery for copyright infringement, unfair competition and dilution under Florida law. This action, filed in the Central District of Florida, Orlando Division, seeks to protect Reynolds' intellectual property rights in certain copyrighted forms used in the automotive retailing industry.