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
The 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. 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
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, 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
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
This case transferred in to the Northern District of Indiana from the Southern District based on venue considerations.
Court Case Number: 1:14-cv-00075-PPS-CAN File Date: Thursday, March 13, 2014 Plaintiff: Wounded Warrior Project Inc. Plaintiff Counsel: John P. Passarelli, Maggie L. Cox, Matthew S. Noren of Kutak Rock LLP, Jessica M. Lindemann of Barnes & Thornburg LLP Defendant: Help Indiana Vets Inc., Dean M. Graham Cause: Trademark Infringement Court: Northern District of Indiana Judge: Chief Judge Philip P. Simon Referred To: Magistrate Judge Christopher A. Nuechterlein Notes: Case transferred in from Southern District of Indiana; Case Number 1:13-cv-01857
Plaintiff has been licensing software from Defendant for about 16 years. In response to claims by Defendant that Plaintiff has exceeded the terms of the license (and a corresponding demand for $2 million in compensatory fees/damages), Plaintiff brings this action for declaratory judgment of non-infringement.
Union Hospital, Inc. v. Attachmate Corporation
Court Case Number: 2:14-cv-00045-JMS-WGH File Date: Wednesday, February 19, 2014 Plaintiff: Union Hospital, Inc. Plaintiff Counsel: Stephen E. Reynolds, Michael A. Wukmer of Ice Miller LLP Defendant: Attachmate Corporation Cause: Declaratory Judgment on Copyright Infringement Claims, Declaratory Judgment on Copyright Infringement Claims for Unregistered Copyrights, Declaratory Judgment on Breach of Contract Claims Court: Southern District of Indiana Judge: Judge Jane Magnus-Stinson Referred To: Magistrate Judge William G. Hussmann, Jr.
Plaintiff and Defendant are competitors in the asphalt manufacturing, supplying, paving and maintenance business. Defendant purchased the domain name Rieth-Riley.net, which includes Plaintiff’s registered trademark, and used that domain name to direct traffic to their own website, SuperiorAsphalt.com. Defendant also offered to sell the domain name to Plaintiff for $10,000.
Rieth-Riley Construction Co., Inc. v. Jeffrey Kresnak et al
Court Case Number: 3:14-cv-00280-RL-CAN File Date: Wednesday, February 12, 2014 Plaintiff: Rieth-Riley Construction Co., Inc. Plaintiff Counsel: D. Michael Anderson of Barnes & Thornburg LLP Defendant: Jeffrey Kresnak, Superior Asphalt, Inc. Cause: Federal Trademark Infringement, Unfair Competition, Cyberpiracy Court: Northern District of Indiana Judge: Judge Rudy Lozano Referred To: Magistrate Judge Christopher A. Nuechterlein
This lawsuit involves a franchise arrangement gone bad. Plaintiff Noble Roman’s, an Indianapolis-based corporation, alleges that Defendant breached their Franchise Agreement by failing to pay royalties as required and intentionally misreported sales for the purposes of avoiding payment of franchise fees.
Noble Roman’s Inc. v. B & MP, LLC et al
Court Case Number: 1:14-cv-00206-WTL-MJD File Date: Wednesday, February 12, 2014 Plaintiff: Noble Roman’s Inc. Plaintiff Counsel: Steven K. Huffer of S.K. Huffer & Associates PC Defendant: B & MP, LLC, Leslie Perdriau Cause: Trademark Infringement, Breach of Contract, Fraud Court: Southern District of Indiana Judge: Judge William T. Lawrence Referred To: Magistrate Judge Mark J. Dinsmore
This is a trade dress lawsuit involving the product packaging for synthetic fiber snowballs. See the Complaint below for a description of the similarities and some really grainy comparison photos.
Plaintiff is based in New Castle, Indiana. Defendant is based in Colo, Iowa, which has a population of 876 and is named after a railroad official’s dog.
KM Innovations LLC v. Opportunities, Inc.
Court Case Number: 1:14-cv-00199-SEB-DML File Date: Tuesday, February 11, 2014 Plaintiff: KM Innovations LLC Plaintiff Counsel: Dean E. McConnell of McConnell Intellectual Property Law Defendant: Opportunities, Inc. Cause: Trade Dress Infringement, Unfair Competition Court: Southern District of Indiana Judge: Judge Sarah Evans Barker Referred To: Magistrate Judge Debra McVicker Lynch
The Plaintiff in this Declaratory Judgment action is an Indianapolis-based LLC that has used the CHARTREUSE trademark in connection with “handmade soy candles” since January 2013.
Defendant is a New Jersey-based LLC that owns a federal registration for CHARTREUSE in connection with “Candles,” with a date of first use in commerce in April 2002. Defendant sent a “cease and desist” letter to Plaintiff in January 2014 asserting their trademark rights. Plaintiff responded by filing a complaint for Declaratory Judgment of Non-Infringement, Unenforceability and Invalidity.
The Plaintiff asserts in their Complaint that Defendant has not used their trademark for over three (3) years, that the CHARTREUSE mark is descriptive and therefore not entitled to registration and that the claimed date of first use in the registration is inaccurate. If these things can be proved, Plaintiff may have a shot to invalidate the registration. However, in addition to counterclaims based on the federal registration, I’d expect Defendant’s Response to include a full slate of common law trademark infringement counterclaims based on their lengthy use of their trademark.
Maybe I’m in the wrong line of work. There must be good money in “handmade soy candles” if Plaintiff can afford to hire a big law firm to pursue federal litigation to protect a trademark in use for just over a year.
Chartreuse LLC v. Chartreuse Fragrances LLC
Court Case Number: 1:14-cv-00181-WTL-DKL File Date: Friday, February 07, 2014 Plaintiff: Chartreuse LLC Plaintiff Counsel: Louis T. Perry of Faegre Baker Daniels LLP Defendant: Chartreuse Fragrances LLC Cause: Unenforceability and Invalidity of Defendant’s Mark, Non-Infringement of Trademark Court: Southern District of Indiana Judge: Judge William T. Lawrence Referred To: Magistrate Judge Denise K. LaRue