Concert Photographer File Another Copyright Lawsuit over Violation of Creative Commons License

Larry Philpot has filed another suit over alleged use of a photograph of Willie Nelson (related cases here, here, and here). In addition to infringement, Philpot is also claiming that defendant intentionally removed his copyright management information from the photograph.

Larry G. Philpot v. Gray Television, Inc. et al

Court Case Number: 3:15-cv-00145-JD-CAN
File Date: Tuesday, March 31, 2015
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Gray Television, Inc., Gray Television Group, Inc.
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Christopher A Nuechterlein

Indiana Trademark Litigation Update – Agdia Inc. v. Jun Qiang Xia et al

Jun Q. Xia was employed by Agdia until 2001. After leaving the company, Xia allegedly violated the terms of a non-competition agreement. The ensuing lawsuit was resolved by a permanent injunction order in 2002. Later, Xia formed AC Diagnostics, which directly competes with Agdia. The AC Diagnostics website, acdiainc.com, is only one letter different than Agdia Inc and Xia allegedly covertly embedded the Agdia name into the website so that it was searchable without being visible.

Agdia Incorporated v. Jun Qiang Xia and AC Diagnostics, Inc.

Court Case Number: 3:15-cv-00075
File Date: Monday, February 16, 2015
Plaintiff: Agdia Incorporated
Plaintiff Counsel: James M. Lewis, Michael J. Hays of Tuesley Hall Konopa LLP
Defendant: Jun Qiang Xia, AC Diagnostics, Inc.
Cause: Trademark Infringement, False Designation of Origin and False Advertising, CyberPiracy, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Magistrate Judge: Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Burns Rent-Alls v. Michael Sharpe et al

Defendants have allegedly registered and used domain names confusingly similar to Plaintiff’s BURNS RENT-ALLS trademark. The subject domain names are (i) burnspartyrentall.com; (ii) burnspartyrental.com; and (iii) burnsrentall.com.

Burns Rent-Alls, Inc. v. Michael Sharpe et al

Court Case Number: 3:14-cv-01958
File Date: Wednesday, October 15, 2014
Plaintiff: Burns Rent-Alls, Inc.
Plaintiff Counsel: D. Michael Anderson of Barnes & Thornburg LLP
Defendant: Michael Sharpe, Aays Rent-All Co., Inc.
Cause: Unfair Competition, Cyberpiracy, Breach of Contract
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

Indiana Trademark Litigation Update – NextEra Energy v. Nextra Technologies

Plaintiff is one of the largest electric power companies in North America and owns 167 trademark registrations including its “NextEra” mark. Defendant recently began to market, manufacture, import, distribute, license and/or sell energy products and services—including wind turbine components, solar panels, lithium batteries, and integrated new energy systems – under the name Nextra.

NextEra Energy Inc v. Nextra Technologies LLC

Court Case Number: 3:14-cv-01941
File Date: Wednesday, October 08, 2014
Plaintiff: NextEra Energy Inc
Plaintiff Counsel: Matthew Farley of Drinker Biddle & Reath LLP
Defendant: Nextera Technologies LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

Wounded Warrior lawsuit against Indiana Veteran transferred to Northern District

This case transferred in to the Northern District of Indiana from the Southern District based on venue considerations.

Court Case Number: 1:14-cv-00075-PPS-CAN
File Date: Thursday, March 13, 2014
Plaintiff: Wounded Warrior Project Inc.
Plaintiff Counsel: John P. Passarelli, Maggie L. Cox, Matthew S. Noren of Kutak Rock LLP, Jessica M. Lindemann of Barnes & Thornburg LLP
Defendant: Help Indiana Vets Inc., Dean M. Graham
Cause: Trademark Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein
Notes: Case transferred in from Southern District of Indiana; Case Number 1:13-cv-01857

Indiana Cybersquatting Litigation Update – Rieth-Riley Construction v. Superior Asphalt

Plaintiff and Defendant are competitors in the asphalt manufacturing, supplying, paving and maintenance business. Defendant purchased the domain name Rieth-Riley.net, which includes Plaintiff’s registered trademark, and used that domain name to direct traffic to their own website, SuperiorAsphalt.com. Defendant also offered to sell the domain name to Plaintiff for $10,000.

Screen Shot 2014-02-13 at 6.27.52 AM

Rieth-Riley Construction Co., Inc. v. Jeffrey Kresnak et al

Court Case Number: 3:14-cv-00280-RL-CAN
File Date: Wednesday, February 12, 2014
Plaintiff: Rieth-Riley Construction Co., Inc.
Plaintiff Counsel: D. Michael Anderson of Barnes & Thornburg LLP
Defendant: Jeffrey Kresnak, Superior Asphalt, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, Cyberpiracy
Court: Northern District of Indiana
Judge: Judge Rudy Lozano
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Al Reasonover v. Solarium

This is a trademark dispute over the mark “Tiki Tan” as used in connection with tanning salons. Both Plaintiff and Defendant are located in Indiana.

Al Reasonover v. Solarium LLC et al

Court Case Number: 3:14-cv-00235-PPS-CAN
File Date: Wednesday, February 05, 2014
Plaintiff: Al Reasonover
Plaintiff Counsel: Frank J. Agostino – Attorney at Law
Defendant: Solarium LLC, Solarium Bittersweet LLC
Cause: Trademark Infringement, Common Law Trademark Infringement, Injunctive Relief, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Copyright Litigation Update – National Photo Group v. Federated Media et al

This litigation involves the unauthorized use of celebrity photographs on a Fort Wayne country radio station’s website.

K105 Pictures

The lawsuit should serve as a reminder/warning to everyone operating a commercial website to only use photographs that:

  1. You own; or
  2. You have permission to use; or
  3. Are in the public domain.

This means going back through old pages and posts and removing/replacing unauthorized images. Failure to do this can result in expensive copyright litigation. If you have any questions about the photographs on your site, err on the side of caution and remove them until you’re able to properly determine ownership.

National Photo Group LLC v. Federated Media Inc. et al

Court Case Number: 3:13-cv-01405-PPS-CAN
File Date: Thursday, December 26, 2013
Plaintiff: National Photo Group LLC
Plaintiff Counsel: Craig B. Sanders of Sanders Law PLLC
Defendant: Federated Media Inc., WQHK-FM
Cause: Direct Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement, Inducement of Copyright Infringement, Injunction, Attorney Fees and Costs
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Coach Inc v. Downtown Gift Shop

Coach Inc et al v. Downtown Gift Shop et al

Court Case Number: 3:13-cv-00591-JVB-CAN
File Date: Thursday, June 13, 2013
Plaintiff: Coach Inc, Coach Services Inc
Plaintiff Counsel: Donald A Cole, Ginger Appleberry of Locke Lord LLP
Defendant: Downtown Gift Shop, Chun Ying Huang
Cause: Trademark Counterfeiting, Trademark Infringement, False Designation of Origin and False Advertising, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery, Counterfeiting, Common Law Unjust Enrichment, Attorneys’ Fees
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Copyright Litigation Update – Malibu Media LLC v. John Doe 9

Malibu Media LLC v. John Doe 9

Related Case: Malibu Media LLC v. John Does 1-14 (Romantic Memories)

Court Case Number: 1:13-cv-00165-PPS-RBC
File Date: Wednesday, May 22, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe 9
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Roger B Cosbey