Category Archives: Southern District of Indiana

Jun 1 2013

Indiana Copyright Litigation Update – Sissom v. Snow

Carol L. Sissom v. Robert L. Snow et al

Court Case Number: 1:13-cv-00882-WTL-TAB
File Date: Thursday, May 30, 2013
Plaintiff: Carol L. Sissom
Plaintiff Counsel: Maria Matters of Maria Matters at Law
Defendant: Robert L. Snow, Berkley Publishing Group, Penguin Group (USA) Inc., Barnes and Nobel Booksellers, Inc., Amazon, Inc.
Cause: Copyright Infringement, Intentional Infliction of Emotional Distress, Defamation
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker

May 30 2013

Indiana Trademark Litigation Update – Leon Isaac Kennedy v. GoDaddy

Plaintiff is an actor, producer, and writer, best known for his performance as “Too Sweet” in 1979′s Penitentiary and its sequels. He is also a partner of a food company with Smokey Robinson, Smokey Robinson Foods.This lawsuit involves Plaintiff’s attempt to get the domain name leonisaackennedy.com from an alleged cybersquatter, via the registrar GoDaddy.

Leon Isaac Kennedy v. GoDaddy Inc. et al

Court Case Number: 1:13-cv-00876-RLY-DML
File Date: Wednesday, May 29, 2013
Plaintiff: Leon Isaac Kennedy
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: GoDaddy Inc., Spirit Media, Arthur Phoenix, John Doe
Cause: Violation of 1125(a), Violation of 1125(d), Unfair Competition, Violation of Indiana Right of Publicity, Conversion, Deception, Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Debra McVicker Lynch

Complaint (originally filed in Hamilton Superior Court):

Notice of Removal: 

May 29 2013

Indiana Trademark Litigation Update – Sensory Technologies v. Sensory Technology Consultants

Sensory overload!

This is a fairly standard trademark dispute over the trademark “Sensory Technologies” in connection with audio-visual and video conferencing systems. Sensory Indiana (Plaintiff) is suing Sensory Utah (Defendant) after months of notice letters went unanswered. We’ll see if the lawsuit merits a response.

Sensory Technologies, LLC v. Sensory Technology Consultants, Inc.

Court Case Number: 1:13-cv-00834-SEB-DKL
File Date: Wednesday, May 22, 2013
Plaintiff: Sensory Technologies, LLC
Plaintiff Counsel: Jonathan G. Polak, Tracy N. Betz of Taft Stettinius & Hollister LLP
Defendant: Sensory Technology Consultants, Inc.
Cause: Trademark Infringement, False Designation of Origin, Unfair Competition, Declaratory Judgment, Preliminary Injunction, Permanent Injunction
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

May 28 2013

Indiana Copyright Litigation Update – Leeway Media Group v. Laurence Joachim

Check out Bruce Lee’s first Hollywood screen test from 1965. Approximately 91 seconds of the over eight minute long video was used in the documentary, I Am Bruce Lee, which aired on Spike TV in February 2012. That July, Laurence Joachim contacted Leeway (which represents the deceased kung-fu star’s interests) and claimed to own the copyright to the screen test. Leeway has received a 1974 copyright registration but no evidence to the chain of title between the filming (1965) and the registration (1974). Mr. Joachim’s counsel, apparently, announced intentions to proceed with litigation unless Leeway paid a six figure settlement. “The demands and threats… have created and actual justiciable claim or controversy such that declaratory relief represents the appropriate remedy.”

Leeway wants the Court to declare both that Mr. Joachim has no copyright in the screen test and that Leeway has not infringed on any of Mr. Joachim’s rights. Stay tuned for updates.

Leeway Media Group LLC v. Laurence Joachim et al

Court Case Number: 1:13-cv-00822-JMS-TAB
File Date: Monday, May 20, 2013
Plaintiff: Leeway Media Group LLC
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: Laurence Joachim, Trans-National Film Corporation
Cause: Declaration of No Valid Copyright, Declaration of No Standing, Declaration of No Copyright Infringement, Declaration of No Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

May 18 2013

Indiana Trademark Litigation Update – Master Cutlery v. Pacific Solution Marketing

Master Cutlery, Inc. v. Pacific Solution Marketing, Inc.

Court Case Number: 1:13-cv-00819-JMS-DML
File Date: Friday, May 17, 2013
Plaintiff: Master Cutlery, Inc.
Plaintiff Counsel: Darlene R. Seymour Attorney at Law
Defendant: Pacific Solution Marketing, Inc.
Cause: Trademark Infringement, Copyright Infringement, Trademark Dilution, False Designation of Origin or Sponsorship, False Advertising, Trade Dress Infringement, Common Law Copyright Infringement, Common Law Trademark Infringement, Unfair Competition, Theft, Counterfeiting
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

May 16 2013

Indiana Copyright Litigation Update – Richard N. Bell v. Mark Arruda

Richard N. Bell v. Mark Arruda et al

Court Case Number: 1:13-cv-00800-TWP-DKL
File Date: Wednesday, May 15, 2013
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Cameron Tayler, Taylor Computer Systems, Insurance Concepts, Fred O’Brien, Indy Cleaning Pros, James Allen, Karen Allen, ForeclosureWarehouse.com, Inc., Shanna Cheatam, AILS, MAXXCLEAN LLC, HomeRoute, Infored Media, LLC, Redouane Chioua, American Auto Transport, National Communications Company, LLC, AboNet, Cities Online, Shelly Rupel, Ben McCann, Neil Cox, Mark Arruda
Cause: Copyright Infringement and Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

May 15 2013

Default Judgment of $37,371 Entered Against BitTorrent Download Defendants

One month ago, Judge Jane Magnus-Stinson awarded the first default judgment in an Indiana download case. Judge Magnus-Stinson awarded the maximum allowable copyright damages for a total award of $151,425.

Today, Judge Sarah Evans Barker awarded a smaller default judgment against 3 defendants, in the amount of $37,371.66. Obviously, this is still a hefty award that many argue far outweighs any damage caused to Plaintiff by the unauthorized download of sixteen pornographic videos.

Here’s the pertinent language from the Default Judgment:

[Defendant] shall pay to Plaintiff the sum of $36,000.00 in statutory damages, as authorized under 17 U.S.C. § 504(c)(1), and $1,371.66 (which is one-third of $4,115.00) for attorneys’ fees and costs, as authorized under 17 U.S.C. § 505, making a total of $37,371.66.

For defendants in other Judge Barker download cases, this now sets an upper limit on how much they should spend on a legal defense or settlement.

Malibu Media, LLC v. John Does 1-23

Court Case Number:    1:12-cv-00841-SEB-DKL
File Date:    Monday, June 18, 2012
Plaintiff:     Malibu Media, LLC
Plaintiff Counsel:     Paul J. Nicoletti of Nicoletti & Associates, PLLC
Defendant:     John Does 1-23
Cause:    Copyright Infringement, Contributory Infringement
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

May 12 2013

Indiana Copyright Litigation Update – Keystone Management Systems v. William Clyde Moore Jr.

Here’s 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.

Keystone Management Systems Inc. et al v. William Clyde Moore Jr. et al

Court Case Number: 1:13-cv-00735-SEB-DML
File Date: Monday, May 06, 2013
Plaintiff: Keystone Management Systems Inc., Lockridge Homes-Indianapolis LLC
Plaintiff Counsel: Paul J. Carroll of Mercer Belanger PC
Defendant: William Clyde Moore Jr., Carol Cooper
Cause: Copyright Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Apr 25 2013

Indiana Copyright Litigation Update – Malibu Media, LLC v. John Doe (676)

Malibu Media, LLC v. John Doe

Court Case Number: 1:13-cv-00676-SEB-MJD
File Date: Wednesday, April 24, 2013
Plaintiff: Malibu Media, LLC
Plaintiff Counsel: Paul J Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Apr 25 2013

Indiana Copyright Litigation Update – Malibu Media, LLC v. John Doe (675)

Malibu Media, LLC v. John Doe

Court Case Number: 1:13-cv-00675-TWP-MJD
File Date: Wednesday, April 24, 2013
Plaintiff: Malibu Media, LLC
Plaintiff Counsel: Paul J Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore