Baals LLC organizes the Baals Music Festival, a Fort Wayne event occurring annually since 2012. Baals (named for former mayor, Harry Baals) alleges that the defendants, Electric Promotions and Desiar, started organizing similar events in Fort Wayne after seeing the success of the Baals Music Festival. Baals claims that the defendants are using promotional materials that bear striking resemblance to Baals’. They further claim that the defendants are using promotional photographs and videos owned by Baals despite multiple requests to cease.
Baals LLC v. Pro Service Cleaning FW LLC et al
Court Case Number: 1:15-cv-00148-JVB-SLC File Date: Monday, June 15, 2015 Plaintiff: Baals LLC Plaintiff Counsel: Daniel D. Bobilya, Brandon J. Almas of Bonahoom & Bobilya LLC Defendant: Pro Service Cleaning FW LLC, Desiar Eyewear LLC Cause: Unfair Competition, False Designation of Origin, Copyright Infringement, Unjust Enrichment Court: Northern District of Indiana Judge: Judge Joseph S Van Bokkelen Referred To: Magistrate Judge Susan L Collins
Larry Philpot has filed another suit over alleged use of a photograph of Willie Nelson (related cases here, here, and here). In addition to infringement, Philpot is also claiming that defendant intentionally removed his copyright management information from the photograph.
Larry G. Philpot v. Gray Television, Inc. et al
Court Case Number: 3:15-cv-00145-JD-CAN File Date: Tuesday, March 31, 2015 Plaintiff: Larry G. Philpot Plaintiff Counsel: Larry G. Philpot – Pro Se Defendant: Gray Television, Inc., Gray Television Group, Inc. Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement Court: Northern District of Indiana Judge: Judge Jon E DeGuilio Referred To: Magistrate Judge Christopher A Nuechterlein
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
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
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:
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
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
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
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