Dallas Buyers Club BitTorrent Lawsuits Filed Against 80 John Doe Defendants

4 new BitTorrent download cases, with 80 John Doe defendants, have been filed in Indiana involving the film Dallas Buyers Club. Each lawsuit has one claim of copyright infringement.

Dallas Buyers Club LLC v. Does 1-24
Court Case Number: 1:14-cv-01145-WTL-MJD
File Date: Tuesday, July 08, 2014
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Keith A. Vogt of Takiguchi & Vogt LLP
Defendant: Does 1-24
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Dallas Buyers Club LLC v. Does 1-20
Court Case Number: 1:14-cv-01144-JMS-MJD
File Date: Tuesday, July 08, 2014
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Keith A. Vogt of Takiguchi & Vogt LLP
Defendant: Does 1-20
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Dallas Buyers Club LLC v. Does 1-20
Court Case Number: 1:14-cv-01142-SEB-DML
File Date: Tuesday, July 08, 2014
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Keith A. Vogt of Takiguchi & Vogt LLP
Defendant: Does 1-20
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Dallas Buyers Club LLC v. Does 1-16
Court Case Number: 1:14-cv-01141-WTL-MJD
File Date: Tuesday, July 08, 2014
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Keith A. Vogt of Takiguchi & Vogt LLP
Defendant: Does 1-16
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Representative Complaint:

Indiana Trademark Litigation Update – Liquid Palace v. E Liquid Palace

This is a dispute between two electronic cigarette distributors over the marks “Genie,” Liquid Genie” and “Electric Genie.” Both parties began using their respective trademarks in 2013 and have retail locations approximately six miles apart. This case was removed from the Circuit Court for Floyd County, Indiana.

Liquid Palace, LLC et al v. E Liquid Palace, LLC et al

Court Case Number: 4:14-cv-00051-TWP-WGH
File Date: Tuesday, June 10, 2014
Plaintiff: Liquid Palace, LLC, Robert W. Kaiser, Jr.
Plaintiff Counsel: H. Kevin Eddins, Kevin J. Fiet
Defendant: E Liquid Palace, Austin Simon, Russell Simon
Defendant Counsel: Loren T. Prizant, Robert John Theuerkauf
Cause: Trademark Infringement, Common Law Trademark Infringement, Intentional Interference with Prospective Business Advantage, Intentional Interference with Business Relationships, Unfair Competition, Injunctive Relief
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Trademark Litigation Update – Harmony School Corporation v. School Reform Initiative

Harmony School Corporation v. School Reform Initiative, Inc.

Court Case Number: 1:14-cv-00870-TWP-TAB
File Date: Thursday, May 29, 2014
Plaintiff: Harmony School Corporation
Plaintiff Counsel: Constance R. Lindman of Smith Amundsen LLC, Robert S. Meitus, Matthew J. Clark of Meitus Gilbert Rose LLP
Defendant: School Reform Initiative, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

18 Malibu Media/X-Art Copyright Lawsuits filed in Southern District of Indiana

Plaintiff Malibu Media has filed 18 new BitTorrent copyright cases in the Southern District of Indiana on behalf of their client, “beautiful erotica”-provider X-Art. Each lawsuit is filed against a single John Doe with one claim of direct copyright infringement.

Malibu Media LLC v. John Doe subscriber assigned IP address 50.141.132.4
Court Case Number: 1:14-cv-00734-TWP-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.141.132.4
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 50.151.109.205
Court Case Number: 1:14-cv-00735-TWP-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.151.109.205
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 24.14.133.150
Court Case Number: 1:14-cv-00733-RLY-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 24.14.133.150
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 24.13.26.28
Court Case Number: 1:14-cv-00732-SEB-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 24.13.26.28
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 98.220.145.100
Court Case Number: 1:14-cv-00757
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.220.145.100
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.220.129.105
Court Case Number: 1:14-cv-00755-JMS-DKL
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.220.129.105
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.213.184.255
Court Case Number: 1:14-cv-00754-JMS-MJD
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.213.184.255
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.212.56.174
Court Case Number: 1:14-cv-00753-SEB-TAB
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.212.56.174
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Malibu Media LLC v. John Doe subscriber assigned IP address 68.51.71.237
Court Case Number: 1:14-cv-00752-SEB-DKL
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 68.51.71.237
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 67.163.85.215
Court Case Number: 1:14-cv-00740-TWP-MJD
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 67.163.85.215
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 50.165.234.83
Court Case Number: 1:14-cv-00739-WTL-DKL
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.165.234.83
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 50.151.212.213
Court Case Number: 1:14-cv-00738-SEB-MJD
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.151.212.213
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.253.168.90
Court Case Number: 1:14-cv-00763-TWP-DKL
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.253.168.90
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.253.11.177
Court Case Number: 1:14-cv-00762-SEB-DML
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.253.11.177
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 98.228.104.170
Court Case Number: 1:14-cv-00761-JMS-DKL
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.228.104.170
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.227.7.60
Court Case Number: 1:14-cv-00760-WTL-MJD
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.227.7.60
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.222.130.20
Court Case Number: 1:14-cv-00759-SEB-MJD
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.222.130.20
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.220.54.186
Court Case Number: 1:14-cv-00758-JMS-DML
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.220.54.186
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

Representative Complaint:

Indiana Trademark Litigation Update – Best Chairs Incorporated v. Factory Direct Wholesale

Plaintiff, based in Ferdinand, Indiana, sells chairs and other furniture under the BEST CHAIRS trademark. Defendant is allegedly selling competing furniture products under the BESTCHAIR and BEST CHAIR marks. Despite multiple contacts from Plaintiff, Defendant has refused to refrain from selling under the allegedly infringing mark.

Best Chairs Incorporated v. Factory Direct Wholesale, LLC

Court Case Number: 3:14-cv-00067-RLY-WGH
File Date: Wednesday, May 07, 2014
Plaintiff: Best Chairs Incorporated
Plaintiff Counsel: Amy B. Berge of Bingham Greenebaum Doll LLP
Defendant: Factory Direct Wholesale, LLC
Cause: Federal Trademark Counterfeiting, Federal Trademark Infringement, Unfair Competition, False Advertising, False Designation of Origin, State Unfair Competition, Indiana Crime Victims Act
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Copyright Litigation Update – Transcultural C.A.R.E. Associates v. Evansville Vanderburgh School Corporation

Plaintiff is the owner of the copyright in a model of cultural competency titled “Cultural Competency in Healthcare Delivery: Have I ‘ASKED’ Myself the Right Questions?”. Defendants, teachers for Evansville Vanderburgh School Corporation, allegedly used a portion of Plaintiff’s model without permission in a PowerPoint presentation entitled “Culturally Competent Classroom Management” (see Exhibit C below).

The PowerPoint presentation was apparently part of New Teacher Orientation materials. While the Complaint doesn’t elaborate, it’s quite possible the Defendants’ use will qualify for a “fair use” exemption from copyright infringement. Copyright Act Section 107 specifically exempts uses of copyrighted works for, among other things, teaching and scholarship. Defendants’ Answer and/or Motion to Dismiss should provide more detailed information about their use of the Plaintiff’s copyrighted work. Stay tuned for updates.

Josepha Campinha-Bacote d/b/a Transcultural C.A.R.E. Associates v. Evansville Vanderburgh School Corporation et al

Court Case Number: 3:14-cv-00056-RLY-WGH
File Date: Friday, April 18, 2014
Plaintiff: Josepha Campinha-Bacote d/b/a Transcultural C.A.R.E. Associates
Plaintiff Counsel: Avonte D. Campinha-Bacote of Campinha-Bacote LLP
Defendant: Evansville Vanderburgh School Corporation, Dionne Blue, Deborah Hartz
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Complaint:

Exhibit C:

Indiana Trademark Litigation Update – Roche Diagnostics GmbH v. Polymer Technology Systems

Plaintiff, based in Indianapolis, Indiana, has used the ACCU-CHEK trademark in connection with medical instruments and apparatus related to blood-glucose monitoring and diabetes management and education since as early as 1981. In March 2014, Defendant changed its company name to CHEK Diagnostics and began to promote a line of diabetes care products. Plaintiff maintains that the CHEK mark is confusingly similar to its ACCU-CHEK trademarks.

Roche Diagnostics GmbH et al v. Polymer Technology Systems Inc.

Court Case Number: 1:14-cv-00552-JMS-DKL
File Date: Thursday, April 10, 2014
Plaintiff: Roche Diagnostics GmbH, Roche Diagnostics Operations Inc.
Plaintiff Counsel: Jonathan P. Froemel, John R. Maley of Barnes & Thornburg LLP
Defendant: Polymer Technology Systems Inc.
Cause: Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Declaratory Judgment
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Indiana Copyright Litigation Update – Richard N. Bell v. Diversified Vehicle Services et al

INDY SKYLINEThe Plaintiff in this copyright lawsuit is an attorney and professional photographer living in McCordsville, Indiana. In 2000, Plaintiff took two photographs of the downtown Indianapolis skyline from a location on the Canal near the USS Indianapolis Memorial. Both of Plaintiff’s photographs were duly registered with the U.S. Copyright Office and posted on the Internet in August 2000. All of the various defendants have allegedly utilized Plaintiff’s photographs on their respective websites without permission.

Website owners, you should immediately check your websites to determine whether you know the source of EVERY photograph. Unless you’re certain that you have permission to use the photographs (or qualify for some exception to copyright infringement like fair use), remove/replace the photographs at once. These photograph copyright lawsuits have been occurring for far too long to continue to plead ignorance or innocent infringement. Take your own photographs, hire a photographer or license existing photographs. But don’t get caught in a lawsuit because you take the easy way out and grab an image from Google.

Whatever you do, definitely don’t use Plaintiff’s photographs…he has a long history of litigation to enforce his copyrights:

Richard N. Bell v. Mark Arruda

Bell v. Indy Cleaning Pros

Richard N. Bell v. Greg Bayers LLC et al.

Richard N. Bell v. Jerry Gordon et al.

Richard Bell v. Cameron Taylor et al.

Richard N. Bell v. Diversified Vehicle Services et al

Court Case Number: 1:14-cv-00525
File Date: Monday, April 07, 2014
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell – Pro Se
Defendant: Diversified Vehicle Services, Cameron Taylor, Taylor Computer Solutions, Rhonda Williams, Forensic Solutions Inc., Heath Garrett, Crestacom Inc., American Traveler Service Corp. LLC, Mike Cowper, Rensselaer Polytechnic Institute, Easystreet Realty Indianapolis, Drohan Management, Metal Markets, Mattison Corporation, Industrial Heating Equipment Association, Junk Dawgs, Kimberly Hinds
Cause: Copyright Infringement, Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

Indiana Trademark Litigation Update – Order Inn v. Ton Ganser et al

Since as early as 2000, Plaintiff has used its registered ORDER INN trademark in connection with “On-line ordering services in the field of restaurant takeout and delivery.” Defendant has begun providing similar services at the http://www.order-in.biz domain. Plaintiff seeks an injunction and damages as a result of the allegedly infringing activity.

Order Inn Screenshot

Order Inn, Inc. v. Ton Ganser et al

Court Case Number: 1:14-cv-00517-TWP-DKL
File Date: Friday, April 04, 2014
Plaintiff: Order Inn, Inc.
Plaintiff Counsel: Ryan Gile of Weide & Miller Ltd.
Defendant: Ton Ganser, TJ Enterprises of Indiana LLC, Does 1-10
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Indiana Trademark Litigation Update – Noble Roman’s v. Sahara Sam’s Indoor Water Park

Noble Roman’s Inc. v. Sahara Sam’s Indoor Water Park, LLC

Court Case Number: 1:14-cv-00500-SEB-MJD
File Date: Tuesday, April 01, 2014
Plaintiff: Noble Roman’s Inc.
Plaintiff Counsel: Steven K. Huffer of S.K. Huffer & Associates PC
Defendant: Sahara Sam’s Indoor Water Park, LLC
Cause: Trademark Infringement, Breach of Contract, Fraud, Injunctive Relief
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore