Wine & Canvas Development, LLC v. Rachel Roberts et al
Court Case Number: 1:12-cv-01752-JMS-TAB File Date: Friday, November 30, 2012 Plaintiff: Wine & Canvas Development, LLC Plaintiff Counsel: P. Adam Davis of Davis & Sarbinoff, LLP Defendant: Rachel Roberts, Avraham Levi, Las Vegas Bungee, Inc. Cause: Notice of Removal, Trademark Infringement, False Designation of Origin, Trademark Dilution, Sales of Counterfeit Items/Services, Unfair Competition, Civil Action under the Indiana Crime Victims Act Court: Southern District of Indiana Judge: Judge Jane Magnus-Stinson Referred To: Magistrate Judge Tim A. Baker
The Estate of Bette Davis et al v. Erickson Beamon, Ltd.
Court Case Number: 1:12-cv-01687-JMS-DKL File Date: Friday, November 16, 2012 Plaintiff: The Estate of Betty Davis, CMG Worldwide, Inc. Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP Defendant: Erickson Beamon, Ltd. Cause: Indiana State Statutory Right of Publicity, California State Statutory Right of Publicity, Other Statutory and Common Law Rights of Publicity, Unfair Competition, Common Law Unfair Competition, Unjust Enrichment, Conversion, Deception, Indiana Crime Victims’ Act Court: Southern District of Indiana Judge: Judge Jane Magnus-Stinson Referred To: Magistrate Judge Denise K. LaRue
There are a few updates in Indiana’s first keyword advertising case, Angie’s List v. ServiceMagic. The lawsuit is still in the early stages, with Answers and Counterclaims being filed. An Initial Pretrial Conference is set for 10/12/2012 so stay tuned for updates.
ServiceMagic Answer, Affirmative Defenses and Counterclaims:
CMG Worldwide, Inc. v. Brando Enterprises, LP et al
Court Case Number: 1:12-cv-01384-SEB-DML File Date: Wednesday, September 26, 2012 Plaintiff: CMG Worldwide, Inc. Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP Defendant: Brando Enterprises, LP; Brand Sense Partners, LLC Cause: Notice of Removal, Declaration of Existence of Valid and Enforceable Contract between Parties, Declaration of Promissory Estoppel Court: Southern District of Indiana Judge: Judge Sarah Evans Barker Referred To: Magistrate Judge Debra McVicker Lynch
Here’s a fun case. Plaintiff, an Indiana corporation, has sold security software under the mark CLEAN SLATE since 2000. In Defendant Warner Bros’ latest Batman movie, The Dark Knight Rises, Batman promises to obtain a software program called CLEAN SLATE that will erase a person’s criminal history from every computer database in the world. This has apparently caused hundreds of internet references for the fictional movie software, to which Plaintiff objects.
What do you think is the likely outcome of this case? Can it survive a Motion to Dismiss? Is Warner Bros really using CLEAN SLATE as a trademark?
It also shines a spotlight on that magic moment in the marketing department where an invention titled “Targeted Data Detection and Elimination Algorithm” becomes…CLEAN SLATE! [Note: The patent application is from movie promotional materials. It is not real.]
Fortres Grand Corporation v. Warner Bros Entertainment Inc.