Indiana Trademark Litigation Update – Wine & Canvas Development v. Rachel Roberts

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

Complaint:

Notice of Removal:

Indiana Trademark Litigation Update – Blue Martini Founders v. Russell Allen

Blue Martini Founders LLC v. Russell Allen et al

Court Case Number: 1:12-cv-01756-RLY-MJD
File Date: Friday, November 30, 2012
Plaintiff: Blue Martini Founders LLC
Plaintiff Counsel: Kari H. Halbrook of Lewis, Brisbois, Bisgaard & Smith, LLP
Defendant: Russell Allen, Heritage Entertainment, Inc., Does 1-10
Cause: Trademark Infringement, Federal Unfair Competition,
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana Trademark Litigation Update – Australian Gold v. Niche Beauty

Australian Gold LLC v. Niche Beauty LLC

Court Case Number: 1:12-cv-01744-WTL-DML
File Date: Wednesday, November 28, 2012
Plaintiff: Australian Gold LLC
Plaintiff Counsel: Charles J. Meyer of Woodard Emhardt Moriarty McNett & Henry LLP
Defendant: Niche Beauty LLC
Cause: Declaratory Judgment of No Infringement of Defendant’s Trademark, Declaratory Judgment of No Unfair Competition
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Right of Publicity Litigation Update – The Estate of Bette Davis v. Erickson Beamon

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 DavisCMG 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

Indiana Trademark Litigation Update – Three Rivers Archery Supply v. Parker Compound Bows

Three Rivers Archery Supply Inc et al v. Parker Compound Bows Inc

Court Case Number: 1:12-cv-00390-PPS-RBC
File Date: Wednesday, November 07, 2012
Plaintiff: Three Rivers Archery Supply Inc, Dale Karch, Sandra Karch
Plaintiff Counsel: Melanie L Farr, Holly A Brady of Haller & Colvin PCTodd T Taylor of Taylor & Aust PC
Defendant: Parker Compound Bows Inc
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Common Law Trademark Infringement, Common Law False Designation of Origin, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Roger B Cosbey

Angie’s List v. ServiceMagic – Answers and Counterclaims Filed

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:

Angie’s List Answer to Counterclaims:

Indiana Trademark Litigation Update – CMG Worldwide v. Brando Enterprises

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, LPBrand 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

Indiana Trademark Litigation Update – Fortres Grand Corp. v. Warner Bros Entertainment

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.

Court Case Number: 3:12-cv-00535-PPS-CAN
File Date: Wednesday, September 19, 2012
Plaintiff: Fortres Grand Corporation
Plaintiff Counsel: Christopher R. Putt of May Oberfell Lorber
Defendant: Warner Bros Entertainment Inc.
Cause: Trademark Infringement, Unfair Competition, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein

Stories from the Week that Was – 9/2/12-9/8/12

My favorite stories from last week:

Think hard to fly: Chinese scientists unveil mind-controlled drone

NY court to decide if lap dance is tax-exempt art

Ben & Jerry’s sues porn-flick production company over trademark infringement

Sanrio, DC Comics, and Disney Sue Party Company For Counterfeit Costumes

If you’ve got a top intellectual property or technology story from last week, please leave a comment below.

Indiana Trademark Litigation Update – 1st Source Bank v. Firstsource Solutions Limited

1st Source Bank v. Firstsource Solutions Limited et al

Court Case Number: 3:12-cv-00480-PPS-CAN
File Date: Thursday, September 06, 2012
Plaintiff: 1st Source Bank
Plaintiff Counsel: Patrick David Murphy of Boveri Murphy Rice LLP
Defendant: Firstsource Solutions Limited, Firstsource Solutions USA Inc, Firstsource Advantage LLC, Firstsource Financial Solutions Inc
Cause: Service Mark Infringement, Unfair Competition, Dilution, Cancellation of Registrations
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Christopher A Nuechterlein