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
From the Complaint: “Chanel recognizes the fact that “Chanel” is the first name of Defendant Chanel Jones. But this suit is not about Ms. Jones’ ability to use her name to identify herself. Ms. Jones is using CHANEL as a trade name for a beauty business and commercially exploiting the name CHANEL. There is no absolute right to exploit one’s given name commercially if such use is inconsistent with Chanel’s rights. In this case, Ms. Jones is not using her entire name but is instead only using that part of her name that copies Chanel’s famous CHANEL trademark. Ms. Jones’ use began long after the CHANEL mark was registered and became famous, and Ms. Jones’ use is in connection with services related to those offered by Chanel.”
Chanel, Inc. v. Chanel’s Salon LLC et al
Court Case Number: 2:14-cv-00304 File Date: Friday, August 29, 2014 Plaintiff: Chanel, Inc. Plaintiff Counsel: Gregory A Neibarger Defendant: Chanel’s Salon LLC, Chanel Jones Cause: Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, State Unfair Competition, State Trademark Infringement Court: Northern District of Indiana Judge: Judge Theresa L. Springmann Referred To: Magistrate Judge Paul R. Cherry
Since as least as early as June 2000, Plaintiff, based in Auburn, Indiana, has continuously used the RIEKE PACKAGING SYSTEMS® trademark in connection with Plaintiff’s dispensing systems and closures. Around 2012, Defendant began using the RIEKES PACKAGING CORPORATION name in connection with glass bottles, plastic bottles, plastic closures, caps, metalclosures, dispensing closures and systems. Plaintiff has brought this lawsuit seeking damages and injunctive relief.
Rieke Corporation v. Riekes Packaging Corporation
Court Case Number: 1:14-cv-00241-PPS-RBC File Date: Thursday, August 07, 2014 Plaintiff: Rieke Corporation Plaintiff Counsel: Kurt N. Jones of Woodard Emhardt Moriarty McNett & Henry LLP Defendant: Riekes Packaging Corporation Cause: Federal Trademark Infringement, 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 Roger B. Cosbey
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 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 is a trademark dispute over the mark “Tiki Tan” as used in connection with tanning salons. Both Plaintiff and Defendant are located in Indiana.
Al Reasonover v. Solarium LLC et al
Court Case Number: 3:14-cv-00235-PPS-CAN File Date: Wednesday, February 05, 2014 Plaintiff: Al Reasonover Plaintiff Counsel: Frank J. Agostino – Attorney at Law Defendant: Solarium LLC, Solarium Bittersweet LLC Cause: Trademark Infringement, Common Law Trademark Infringement, Injunctive Relief, Common Law Unfair Competition Court: Northern District of Indiana Judge: Chief Judge Philip P. Simon Referred To: Magistrate Judge Christopher A. Nuechterlein
They’re back! Just when you thought the BitTorrent download cases had stopped in Indiana, Nicoletti is back with a new lawsuit involving “Charlie Countryman,” a film starring Shia LaBeouf, Rupert Grint and Evan Rachel Wood. The film was released November 15, 2013 in the United States to largely negative reviews. Having failed at the box office, the producers have apparently turned to lawyers to recoup some of their costs from the 16 Hoosiers unlucky enough to have (allegedly) downloaded the film.
Countryman Nevada LLC v. Does 1-16
Court Case Number: 1:14-cv-00019-RLM-RBC File Date: Friday, January 24, 2014 Plaintiff: Countryman Nevada LLC Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC Defendant: Does 1-16 Cause: Copyright Infringement Court: Northern District of Indiana Judge: Judge Robert L. Miller, Jr. Referred To: Magistrate Judge Roger B. Cosbey
Here is yet another case involving misappropriated architectural drawings. Home builders, you should know by now that architectural drawings are protected by copyright law. If there’s a floor plan you really like, just pay for it! The price is beans (approx. $700-1500) against the cost of building a home.
Granite Ridge Builders Inc v. Ed Hollis et al
Court Case Number: 1:14-cv-00007-TLS-RBC File Date: Monday, January 13, 2014 Plaintiff: Granite Ridge Builders Inc Plaintiff Counsel: Thomas B. Trent, Susan E. Trent, Mark W. Baeverstad of Rothberg Logan & Warsco LLP Defendant: Ed Hollis, Sharon A. Miller, Old Dutch Homes Corp., Edward L. Kouder Cause: Copyright Infringement, Contributory Copyright Infringement Court: Northern District of Indiana Judge: Judge Theresa L Springmann Referred To: Magistrate Judge Roger B Cosbey
This litigation involves the unauthorized use of celebrity photographs on a Fort Wayne country radio station’s website.
The lawsuit should serve as a reminder/warning to everyone operating a commercial website to only use photographs that:
You own; or
You have permission to use; or
Are in the public domain.
This means going back through old pages and posts and removing/replacing unauthorized images. Failure to do this can result in expensive copyright litigation. If you have any questions about the photographs on your site, err on the side of caution and remove them until you’re able to properly determine ownership.
National Photo Group LLC v. Federated Media Inc. et al
Court Case Number: 3:13-cv-01405-PPS-CAN File Date: Thursday, December 26, 2013 Plaintiff: National Photo Group LLC Plaintiff Counsel: Craig B. Sanders of Sanders Law PLLC Defendant: Federated Media Inc., WQHK-FM Cause: Direct Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement, Inducement of Copyright Infringement, Injunction, Attorney Fees and Costs Court: Northern District of Indiana Judge: Chief Judge Philip P. Simon Referred To: Magistrate Judge Christopher A. Nuechterlein
This is the first download case in Indiana in a few months. It involves the movie The Company You Keep, starring Robert Redford, Susan Sarandon, Shia LaBeouf and Nick Nolte. There’s a different plaintiff and attorney than the Malibu Media cases.
TCYK LLC v. Does 1-19
Court Case Number: 2:13-cv-00320-RLM-PRC File Date: Wednesday, September 11, 2013 Plaintiff: TCYK LLC Plaintiff Counsel: Keith A. Vogt of Takiguchi & Vogt Defendant: Does 1-19 Cause: Copyright Infringement Court: Northern District of Indiana Judge: Judge Robert L. Miller, Jr. Referred To: Magistrate Judge Paul R. Cherry