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 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 – 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.

Indiana Trademark Litigation Update – KM Innovations v. LTD Commodities

Another lawsuit involving synthetic fiber snowballs, this time for the INDOOR SNOWBALL FIGHT registered trademark.

Related case: KM Innovations v. Opportunities, Inc.

KM Innovations LLC v. LTD Commodities LLC

Court Case Number: 1:14-cv-01573-LJM-DML
File Date: Friday, September 26, 2014
Plaintiff: KM Innovations LLC
Plaintiff Counsel: Dean E. McConnell of McConnell Intellectual Property Law
Defendant: LTD Commodities LLC
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Property Damage Appraisers v. John Mosley et al

Property Damage Appraisers Inc. v. John Mosley et al

Court Case Number: 1:14-cv-01490-RLY-MJD
File Date: Friday, September 12, 2014
Plaintiff: Property Damage Appraisers Inc.
Plaintiff Counsel: Derek R. Molter of Ice Miller LLP
Defendant: John Mosley, Clinton Body Shop Inc.
Cause: Federal Unfair Competition, State Unfair Competition, Defamation, Tortious Interference with Business Relationships
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana Trademark Litigation Update – Sensory Technologies v. LogMeIn

This trademark dispute involves Plaintiff’s JOIN® trademark and Defendant’s JOIN.ME® trademark. Both marks are registered with the USPTO and used in connection with virtual meeting/video conferencing services. The trademarks have been used concurrently since July 2010. 

Sensory Technologies LLC v. LogMeIn Inc.

Court Case Number: 1:14-cv-01406-SEB-DKL
File Date: Tuesday, August 26, 2014
Plaintiff: Sensory Technologies LLC
Plaintiff Counsel: Jonathan G. Polak, Michael Z. Gordon of Taft Stettinius & Hollister LLP
Defendant: Logmein Inc.
Cause: Trademark Infringement, False Designation of Origin, Common Law Trademark Infringement, Unfair Competition, Forgery, Declaratory Judgment of Trademark Invalidity, Permanent Injunctive Relief
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

Concert Photographer Files 3 More Copyright Lawsuits over Violation of Creative Commons License

Plaintiff is a concert photographer. He posted photographs (of Willie Nelson and Chris Daughtry) to Wikimedia under a Creative Commons Attribution 3.0 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).

Court Case Number: 1:14-cv-01357-TWP-DML
File Date: Monday, August 18, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Mansion America, LLC, Oak Ridge Boys Theater
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Court Case Number: 1:14-cv-01356-SEB-DML
File Date: Monday, August 18, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Bake Me A Wish, LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Court Case Number: 1:14-cv-01377-LJM-MJD
File Date: Thursday, August 21, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Everything Brooklyn Media LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Mark J. Dinsmore

Representative Complaint

Dallas Buyers Club BitTorrent Lawsuits Filed Against 80 John Doe Defendants

4 new BitTorrent download cases, with 80 John Doe defendants, have been filed in Indiana involving the film Dallas Buyers Club. Each lawsuit has one claim of copyright infringement.

Dallas Buyers Club LLC v. Does 1-24
Court Case Number: 1:14-cv-01145-WTL-MJD
File Date: Tuesday, July 08, 2014
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Keith A. Vogt of Takiguchi & Vogt LLP
Defendant: Does 1-24
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Dallas Buyers Club LLC v. Does 1-20
Court Case Number: 1:14-cv-01144-JMS-MJD
File Date: Tuesday, July 08, 2014
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Keith A. Vogt of Takiguchi & Vogt LLP
Defendant: Does 1-20
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Dallas Buyers Club LLC v. Does 1-20
Court Case Number: 1:14-cv-01142-SEB-DML
File Date: Tuesday, July 08, 2014
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Keith A. Vogt of Takiguchi & Vogt LLP
Defendant: Does 1-20
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Dallas Buyers Club LLC v. Does 1-16
Court Case Number: 1:14-cv-01141-WTL-MJD
File Date: Tuesday, July 08, 2014
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Keith A. Vogt of Takiguchi & Vogt LLP
Defendant: Does 1-16
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Representative Complaint:

Indiana Trademark Litigation Update – Harmony School Corporation v. School Reform Initiative

Harmony School Corporation v. School Reform Initiative, Inc.

Court Case Number: 1:14-cv-00870-TWP-TAB
File Date: Thursday, May 29, 2014
Plaintiff: Harmony School Corporation
Plaintiff Counsel: Constance R. Lindman of Smith Amundsen LLC, Robert S. Meitus, Matthew J. Clark of Meitus Gilbert Rose LLP
Defendant: School Reform Initiative, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker