Indiana Trade Secret Litigation Update – Precision Drone v. Channel Masters

Precision Drone, LLC designs and makes drones and software for use by farmers to monitor crops. According to the Complaint (see below), in September 2014, Precision made a deal with Channel Masters, LLC for Channel to purchase and resell the PaceSetter™ Drone in exchange for a commission on each drone and related parts sold. Precision gave Channel a demonstration drone and training manual and trained Channel’s agents on the use of the PaceSetter drone. As part of the Service Agreement, Channel agreed to not disclose confidential information and signed a non-compete. According to Precision’s complaint, Channel began working for AgriImage, a direct competitor in the agricultural drone market, and began promoting AgriImage drones instead of Precision drones.

At the Nebraska Power Farming Show in December 2014, Precision saw Channel’s agent, Tom Owen, using Precision images, training manual, and sales pitch to resell AgriImage drones. A picture of Mr. Owen using an image and “working the AgriImage booth” is Exhibit C in the court documents embedded below. Then, the very next day after the Nebraska farm show, Channel sent Precision a letter attempting to terminate the Service Agreement without cause. Precision has responded by filing a lawsuit for Breach of Contract and Misappropriation of Trade Secrets.

Precision Drone LLC v. Channel Masters LLC

Court Case Number: 1:15-cv-00476-LJM-TAB
File Date: Monday, March 23, 2015
Plaintiff: Precision Drone LLC
Plaintiff Counsel: John Stephen Terry, Russell B. Cate, and William Edwin Wendling, Jr., of Campbell Kyle Proffitt, LLP
Defendant: Channel Masters LLC
Cause: Breach of Contract, Misappropriation of Trade Secrets
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – Agdia Inc. v. Jun Qiang Xia et al

Jun Q. Xia was employed by Agdia until 2001. After leaving the company, Xia allegedly violated the terms of a non-competition agreement. The ensuing lawsuit was resolved by a permanent injunction order in 2002. Later, Xia formed AC Diagnostics, which directly competes with Agdia. The AC Diagnostics website, acdiainc.com, is only one letter different than Agdia Inc and Xia allegedly covertly embedded the Agdia name into the website so that it was searchable without being visible.

Agdia Incorporated v. Jun Qiang Xia and AC Diagnostics, Inc.

Court Case Number: 3:15-cv-00075
File Date: Monday, February 16, 2015
Plaintiff: Agdia Incorporated
Plaintiff Counsel: James M. Lewis, Michael J. Hays of Tuesley Hall Konopa LLP
Defendant: Jun Qiang Xia, AC Diagnostics, Inc.
Cause: Trademark Infringement, False Designation of Origin and False Advertising, CyberPiracy, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Magistrate Judge: Christopher A. Nuechterlein

Indiana Trade Dress Litigation Update – Archetype Ltd. v. LTD Commodities LLC

This trade dress lawsuit involves battery-operated motion detecting lighting. Defendant has allegedly “willfully and deliberately pulled a ‘bait and switch’ on consumers by advertising [Plaintiff’s] high-end […] product and then shipping a low-end inferior lighting to consumers.” Plaintiff is located in New Jersey and Defendant is located in Illinois…jurisdiction purportedly arises from Defendant’s sales to Indiana consumers.

Archetype Ltd. v. LTD Commodities LLC

Court Case Number: 1:15-cv-00106-RLY-DKL
File Date: Monday, January 26, 2015
Plaintiff: Archetype Ltd.
Plaintiff Counsel: Dean E. McConnell of McConnell Intellectual Property Law
Defendant: LTD Commodities LLC
Cause: Trade Dress Infringement, False Designation of Origin or Sponsorship and Passing Off, False Advertising, Trade Dress Dilution
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Denise K. LaRue

Complaint:

Concert Photographer Files 4 More Copyright Lawsuits over Violation of Creative Commons License

Philpot returns. Plaintiff is a concert photographer who posted photographs to Wikimedia under a Creative Commons Attribution 2.0 Generic license. The defendants have all allegedly used Plaintiff’s photograph(s) on their respective websites without giving proper credit to Plaintiff. Plaintiff is representing himself in these lawsuits and has filed similar complaints previously (Related Cases).

Larry G. Philpot v. Catholic Family Center
Court Case Number: 1:14-cv-01788-TWP-DML
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Catholic Family Center
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Larry G. Philpot v. WKMS/Murray State University
Court Case Number: 1:14-cv-01789-SEB-DML
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: WKMS/Murray State University
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Larry G. Philpot v. 420 Magazine, Inc.
Court Case Number: 1:14-cv-01790-RLY-MJD
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: 420 Magazine, Inc.
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

Larry G. Philpot v. WUIS/University of Illinois, Springfield
Court Case Number: 1:14-cv-01791-TWP-TAB
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: WUIS/University of Illinois, Springfield
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

Representative Complaint:

Indiana Copyright Litigation Update – Lake Lite v. Universal Forest Products et al

This lawsuit arises from Defendants’ alleged infringement of copyrights and patents, as well as unauthorized use and misappropriation of Plaintiff’s trade secrets.

Lake Lite Inc. v. Universal Forest Products, Inc. et al

Court Case Number: 1:14-cv-00337
File Date: Friday, October 24, 2014
Plaintiff: Lake Lite Inc.
Plaintiff Counsel: Michael S. McIntyre
Defendant: Universal Forest Products, Inc., Universal Consumer Products, Inc., Maine Ornamental, LLC
Cause: Copyright Infringement, Patent Infringement, Breach of Contract, Breach of Implied Duty of Good Faith and Fair Dealing, Violation of Indiana Uniform Trade Secret Act, Unjust Enrichment
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Roger B. Cosbey

Complaint:

Indiana Copyright Litigation Update – ABRO Industries v. 1 New Trade, Inc. et al

This copyright infringement action involves alleged copying by Defendant of Plaintiff’s container for carburetor and choke cleaner product.

ABRO Industries, Inc. v. 1 New Trade, Inc. et al

Court Case Number: 3:14-cv-01984
File Date: Thursday, October 23, 2014
Plaintiff: ABRO Industries, Inc.
Plaintiff Counsel: Georgina D. Jenkins, Alice J. Springer, D. Randall Brown of Barnes & Thornburg LLP
Defendant: 1 New Trade, Inc., Igor Zorin, Boris Babenchik, Vadim Fishkin, Quest Specialty Coatings LLC
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge:
Referred To:

Complaint:

Indiana Trademark Litigation Update – Burns Rent-Alls v. Michael Sharpe et al

Defendants have allegedly registered and used domain names confusingly similar to Plaintiff’s BURNS RENT-ALLS trademark. The subject domain names are (i) burnspartyrentall.com; (ii) burnspartyrental.com; and (iii) burnsrentall.com.

Burns Rent-Alls, Inc. v. Michael Sharpe et al

Court Case Number: 3:14-cv-01958
File Date: Wednesday, October 15, 2014
Plaintiff: Burns Rent-Alls, Inc.
Plaintiff Counsel: D. Michael Anderson of Barnes & Thornburg LLP
Defendant: Michael Sharpe, Aays Rent-All Co., Inc.
Cause: Unfair Competition, Cyberpiracy, Breach of Contract
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

Indiana Trademark Litigation Update – NextEra Energy v. Nextra Technologies

Plaintiff is one of the largest electric power companies in North America and owns 167 trademark registrations including its “NextEra” mark. Defendant recently began to market, manufacture, import, distribute, license and/or sell energy products and services—including wind turbine components, solar panels, lithium batteries, and integrated new energy systems – under the name Nextra.

NextEra Energy Inc v. Nextra Technologies LLC

Court Case Number: 3:14-cv-01941
File Date: Wednesday, October 08, 2014
Plaintiff: NextEra Energy Inc
Plaintiff Counsel: Matthew Farley of Drinker Biddle & Reath LLP
Defendant: Nextera Technologies LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

Indiana Trademark Litigation Update – Edible Arrangements v. Edible Creations

This trademark lawsuit involves fresh fruit arrangements cut to look like flowers. Plaintiff operates under the EDIBLE ARRANGEMENTS mark while Defendants offer similar goods under the EDIBLE CREATIONS mark. Plaintiff has also opposed Defendants’ federal trademark application, which was refused when Defendant failed to respond to the opposition.

Edible Arrangements, LLC et al v. Thomas Drummond et al

Court Case Number: 1:14-cv-00315
File Date: Thursday, October 09, 2014
Plaintiff: Edible Arrangements, LLC, Edible Arrangements International, LLC
Plaintiff Counsel: Thomas A. Herr of Barrett & McNagny LLP
Defendant: Thomas Drummond, Edible Creations, LLC
Cause: Trademark Infringement, False Designation of Origin, Dilution, Copyright Infringement, Unfair Competition
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Roger B. Cosbey

Complaint:

Indiana Copyright Litigation Update – Brinker Manufacturing Jewelers Inc. v. Rogers Galleria Jewelers

Defendants are accused of having repeatedly copied Plaintiff’s advertising marketing and branding including copying the design of Plaintiff’s showroom and jewelry boxes, interfering with Plaintiff’s exclusive vendor contracts, and copying and/or plagiarizing several of Plaintiff’s taglines and written advertisements.

Court Case Number: 3:14-cv-00134-RLY-WGH
File Date: Monday, September 29, 2014
Plaintiff: Brinker Manufacturing Jewelers Inc., South Central Communications Corporation
Plaintiff Counsel: Jean M. Blanton of Ziemer Stayman Weitzel & Shoulders LLP, Nick J. Cirignano
Defendant: Rogers Galleria Jewelers LLC, Tyna Wheat, Sharon Sartore
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Deceptive Trade Practices, Conversion, Misappropriation of Advertising Ideas and Style of Doing Business, Tortious Interference with Business Relations
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.