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 – Darryl D. Agler v. Westheimer Corporation

Alleged Infringing Product - Exhibit F to Complaint

Alleged Infringing Product – Exhibit F to Complaint

Plaintiff is a custom guitar-maker from Fort Wayne, Indiana. He has sold his high-quality guitars under the registered STRATOTONE trademark since 2007.

Plaintiff’s high-end guitars are “painstakingly hand-crafted from the wood of a customer’s choosing and features vintage hardware and pick-ups.” They generally retail for above $1,250. Defendant has allegedly flooded the market with lower quality, cheaper (between $200-400) guitars that bear the STRATOTONE Mark. Plaintiff discovered the infringing products at a NAMM show in 2010, where he confronted Defendant’s personnel.

Defendant, based in Illinois, attempted to file its own trademark application for STRATOTONE in December 2012 but was rejected based on Plaintiff’s registration. In response, Defendant has attempted to cancel Plaintiff’s registration and Plaintiff has brought this lawsuit.

Darryl D. Agler v. Westheimer Corporation

Court Case Number: 1:14-cv-00099
File Date: Thursday, March 27, 2014
Plaintiff: Darryl D. Agler
Plaintiff Counsel: Louis T. Perry, Amie P. Carter of Faegre Baker Daniels LLP
Defendant: Westheimer Corporation
Cause: Federal Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Trademark Counterfeiting, Common Law Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment, Conversion, Deception, Indiana Crime Victim’s Relief Act
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Roger B. Cosbey

Indiana Trademark Litigation Update – James Dean v. Twitter

Screen Shot 2014-02-10 at 4.21.44 PMHere’s a potential Giant of a lawsuit.

Plaintiff, James Dean Inc., wants the @JamesDean Twitter handle. Somebody else has been using the Twitter handle since 2009 as a fan account for the Fairmount, Indiana-raised rebel movie icon. The @JamesDean account has more than 8,200 followers and has sent over 2,200 tweets. CMG Worldwide, the exclusive licensee of James Dean’s name and likeness, unable to convince Twitter to hand over the account, are now suing Twitter directly in federal court to force compliance. Twitter looks set to put up a full defense rather than subject themselves to an onslaught of username complaints.

Stay tuned for what will likely become a precedent-setting case for dead celebrity Twitter handles.

Court Case Number: 1:14-cv-00183-WTL-DML
File Date: Friday, February 07, 2014
Plaintiff: James Dean, Inc., John Doe, One, John Doe, Two, John Doe, Three, John Doe, Four
Plaintiff Counsel: Theodore J. Minch of Sovich Minch, LLP
Defendant: Twitter, Inc.
Cause: Trademark Infringement, False Endorsement, Indiana State Statutory Right of Publicity, Common Law Right of Publicity, Common Law Unfair Competition, Unjust Enrichment, Conversion, Deception, Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Sprint Solutions et al v. Reginald Aldridge et al

Plaintiff Sprint accuses three defendants of profiting from the illegal acquisition and resale of new Sprint phones. The Complaint is lengthy, detailing both Sprint’s business model and the Defendants’ alleged “Bulk Handset Theft and Trafficking Scheme,” in addition to fourteen claims. Presumably, in addition to civil penalties, the actions alleged by the Plaintiffs could also result in criminal penalties for Defendants.

Sprint Solutions, Inc. et al v. Reginald Aldridge et al

Court Case Number: 1:14-cv-00128-TWP-DML
File Date: Wednesday, January 29, 2014
Plaintiff: Sprint Solutions, Inc., Sprint Communications Company LP, Boost Worldwide, Inc.
Plaintiff Counsel: Matthew B. Millis, John D. Waller of Wooden & McLaughlin LLP
Defendant: Reginald Aldridge, Arrice Aldridge, Damion Transou
Cause: Unfair Competition, Tortious Interference with Business Relationships and Prospective Advantage, Civil Conspiracy, Unjust Enrichment, Conspiracy to Induce Breach of Contract, Common Law Fraud, Fraudulent Misrepresentation, Trafficking in Computer Passwords, Unauthorized Access, Unauthorized Access with Intent to Defraud, Federal Trademark Infringement, Common Law Trademark Infringement, False Advertising, Contributory Trademark Infringement, Conversion
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Leon Isaac Kennedy v. GoDaddy

Plaintiff is an actor, producer, and writer, best known for his performance as “Too Sweet” in 1979’s Penitentiary and its sequels. He is also a partner of a food company with Smokey Robinson, Smokey Robinson Foods.This lawsuit involves Plaintiff’s attempt to get the domain name leonisaackennedy.com from an alleged cybersquatter, via the registrar GoDaddy.

Leon Isaac Kennedy v. GoDaddy Inc. et al

Court Case Number: 1:13-cv-00876-RLY-DML
File Date: Wednesday, May 29, 2013
Plaintiff: Leon Isaac Kennedy
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: GoDaddy Inc., Spirit Media, Arthur Phoenix, John Doe
Cause: Violation of 1125(a), Violation of 1125(d), Unfair Competition, Violation of Indiana Right of Publicity, Conversion, Deception, Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Debra McVicker Lynch

Complaint (originally filed in Hamilton Superior Court):

Notice of Removal: 

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 – Advanced Tactical Ordnance Systems LLC v. Real Action Paintball Inc

Advanced Tactical Ordnance Systems LLC v. Real Action Paintball Inc et al

Court Case Number: 1:12-cv-00296-JVB-RBC
File Date: Friday, August 31, 2012
Plaintiff: Advanced Tactical Ordnance Systems LLC
Plaintiff Counsel: Stephen R. Snyder of Snyder Birch & Morgan LLP
Defendant: Real Action Paintball IncApon Industries Corp, Apon International Group Inc, KT Tran, Conrad Sun, John Does 1-5
Cause: Trademark Infringement, Common Law Trademark Infringement, Unfair Competition, Deceptive Comparative Advertising, Counterfeiting, Breach of Contract, Conversion
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Copyright Litigation Update – Sharon Chobat v. Dale Earnhardt, Inc.

Sharon Chobat v. Dale Earnhardt, Inc. et al

Court Case Number: 1:12-cv-01041-TWP-DML
File Date: Friday, July 27, 2012
Plaintiff: Sharon Chobat
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: Dale Earnhardt, Inc.Smyle Media Consulting, Teresa Earnhardt
Defendant Counsel: Wayne C. Turner, Nathan Lee Lundquist
Cause: Copyright Infringement, Breach of Contract, Tortious Interference with Contract, Unjust Enrichment, Conversion, Fraud, Indiana Crime Victims Act
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Saeilo Enterprises v. Scottwerx

Saeilo Enterprises Inc. v. Scottwerx, LLC

Manufacturing company, Saeilo Enterprises, formed the Kahr Arms division in 1994. In 1999, Kahr Arms bought Auto-Ordnance, including the “Tommy Gun” trademark.

Ruger 10/22 Tommy Gun

In June, Saeilo filed a trademark complaint in Hamilton County Superior Court against New York company, Scottwerx.  The complaint claims jurisdiction in Hamilton County “because a substantial part of the events giving rise to the claims alleged herein arose in Hamilton County, Indiana”.

Citing the numerous federal allegations in the original complaint, defendant Scottwerx has filed a Notice of Removal asking the case be moved to Federal court.

Court Case Number: 1:11-cv-00993-TWP-DML
File Date: Tuesday, July 26, 2011
Plaintiff: Saeilo Enterprises Inc.
Plaintiff Counsel: Darlene R. Seymour – Attorney at Law
Defendant: Scottwerx, LLC
Cause: Notice of Removal – Fed. Question: Trademark Infringement, Trademark Dilution, False Designation of Origin or Sponsorship, False Advertising, Trade Dress Infringement, Common Law Trademark Infringement, Unfair Competition, Conversion, Forgery, Counterfeiting, Theft, State Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Notice of Removal

Exhibit A: Original Complaint

Indiana Trademark Litigation Update – Saeilo Enterprises v. Buzz Bee Toys

Saeilo Enterprises Inc. v. Buzz Bee Toys Inc.

Court Case Number: 1:11-cv-00751-TWP-MJD
File Date: Friday, June 03, 2011
Plaintiff: Saeilo Enterprises Inc.
Defendant: Buzz Bee Toys Inc.
Cause: Trademark Infringement, Trademark Dilution, False Designation of Origin or Sponsorship, False Advertising and Trade Dress Infringement, Common Law Trademark Infringement, Unfair Competition, Conversion, Forgery, Counterfeiting, Theft, State Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore