Nevertheless, Judge Simon has found no trademark infringement, focusing his opinion (full Opinion and Order below) largely on the doctrine of “reverse confusion.” I’ve provided a few excerpts from the Opinion below but you’ll want to read the full text for the Court’s complete reverse confusion analysis. The Court also rules that Warner Bros.’s use of the term “Clean Slate” is protected by the First Amendment.

There’s an obvious problem with Fortres Grand’s argument that this is a worst-case scenario of reverse confusion: Warner Bros. “clean slate” software only exists in the fictional world of Gotham; it does not exist in reality. This may seem to be a small point, but it has big ramifications for the consumer confusion analysis, which become apparent once you realize the argument that Fortres Grand has not made – and cannot make.

Here, there is simply no plausible claim that consumers will make “mistaken purchasing decisions” about the “tangible product” being sold in the marketplace: no one looking for Fortres Grand’s software is likely to mistakenly buy a ticket to The Dark Knight Rises.

Opinion and Order:

[View the original Complaint.]

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

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

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

On May 6, a Scheduling Order set a bench trial for October 6, 2014 (at 9:30 AM in Room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker). A settlement conference was held  between the parties in February 2013 but no settlement was reached. Based on the importance of this question to the parties involved, I expect this case to go to trial, however long that may take.

In the meantime, you can review the Answer to Complaint and Answer to Counterclaims below. Stay tuned for updates.

DEFENDANT SERVICEMAGIC, INC.’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS:

ANGIE’S LIST’S ANSWER TO SERVICEMAGIC’S COUNTERCLAIMS:

Temptation involves “[a]n explosive romance about the seductive dangers of the forbidden, this film tells the provocative and sensual story of Judith, an ambitious married woman whose obsessive passion for a handsome billionaire leads to betrayal, danger and a choice that will forever alter the course of her life.”

William James v. Tyler Perry et al

Court Case Number: 2:13-cv-00139-RLM-PRC
File Date: Wednesday, April 24, 2013
Plaintiff: William James
Plaintiff Counsel: Darnail Lyles – Attorney at Law
Defendant: Tyler Perry, Tyler Perry Studios, Lions Gate Entertainment
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Paul R. Cherry

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

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

Court Case Number: 1:13-cv-00674-LJM-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 Larry J. McKinney
Referred To: Magistrate Judge Mark J. Dinsmore

Court Case Number: 1:13-cv-00673-WTL-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 William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Court Case Number: 1:13-cv-00672-JMS-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 Jane Magnus-Stinson
Referred To: Magistrate Judge Mark J. Dinsmore