Tag Archives: Conversion

Nov 17 2012

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 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

Sep 1 2012

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 Inc, Apon 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

Jul 28 2012

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

Jul 25 2011

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

Jun 3 2011

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.
Plaintiff Counsel: Darlene R. Seymour – Attorney at Law
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

Feb 8 2011

Indiana Copyright Litigation Update – Stephane Dion v. Allwin Powersports Corp.

Stephane Dion et al v. Allwin Powersports Corporation, Inc. et al

Conventions don’t just bring tourists. They bring lawsuits too!

Dion, a Canadian motorcycle helmet designer, is suing an Illinois corporation whose principal is a Chinese national…in the Southern District of Indiana. What brings this illustrious crowd to our fair Hoosier Halls of Justice? It’s all because of the upcoming Dealer Expo 11.

Plaintiff has filed a Motion for Preliminary Injunction (see below) to stop Defendant from selling allegedly infringing motorcycle helmets at the upcoming Powersports tradeshow from Feb. 18-20 in Indianapolis.

The two parties had previously operated under a royalty agreement but Defendant apparently stopped making payments in 2010.

There should be some fairly quick updates in this case so check back soon.

Court Case Number: 1:11-cv-00173-RLY-TAB
File Date: Friday, February 04, 2011
Plaintiff: Stephane Dion, 91934885 Quebec Inc. dba Dion Designs
Plaintiff Counsel: Joseph Peter Rompala, Todd Arthur Richardson of Lewis & Kappes
Defendant: Allwin Powersports Corporation, Inc.
Arthur Liao
MHR Helmet Co. Ltd.
Foshan Shunde Fengxing Helmets Ltd.
Jiangmen Pengcheng Helmets Ltd.
Cause: Violation of Lanham Act, Copyright Infringement, Misappropriation of Trade Secrets, Breach of Contract, Conversion, Unfair Competition, Declaratory Relief
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

COMPLAINT:

MOTION FOR PRELIMINARY INJUNCTION:

BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION:

Oct 28 2010

Indiana Trade Secret Litigation Update – Ray’s Trash Service, Inc. v. Robert Miller et al

Ray’s Trash Service, Inc. v. Robert Miller et al

The Defendant individuals were former employees of Plaintiff, Ray’s Trash Service, Indy’s largest recycling and waste disposal operation. Following their resignation, the Defendants allegedly entered into a campaign to solicit Plaintiff’s customers, in violation of non-compete and non-solicitation clauses from Plaintiff’s employment agreement.  Companies, do you have proper agreements in place with your key employees?

This case was removed from Hendricks County Superior Court.

Court Case Number: 1:10-cv-01302-TWP-DML
File Date: Monday, October 18, 2010
Plaintiff: Ray’s Trash Service, Inc.
Plaintiff Counsel: Christopher C. Murray, Todd J. Kaiser of Ogletree Deakins Nash Smoak & Stewart
Defendant: Robert Miller, Vicki Murphy, C&A Express, Inc., Todd Roberts
Defendant Counsel: William O. Harrington and Bettie Harrington on behalf of Robert Miller, Amanda L. Asbury and Anthony Scott Chinn on behalf of remaining Defendants
Cause: Replevin, Conversion, Breach of Contract, Breach of Fiduciary Duty, Misappropriation of Trade Secrets, Tortious Interference with Contractual Business Relations, Computer Trespass
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Oct 11 2010

Indiana Trademark Litigation Update – Net Pro Trading Card Company, LLC v. Ace Authentic Sports memorabilia, LLC

Net Pro Trading Card Company, LLC v. Ace Authentic Sports memorabilia, LLC et al

Interesting case. Plaintiff Net Pro was apparently the first company to make tennis trading cards way back in 1991. Defendant also makes tennis trading cards. As part of a recent promo series, Defendant has been packaging its own cards along with older, more valuable cards of Plaintiff (e.g. a Plaintiff 2003 rookie card of Rafa Nadal, etc.) Plaintiff feels Defendant’s actions have damaged its ability to sell its own stock of older cards. Kind of a flea-market, “first sale,” nominative fair use case. Despite Plaintiff including such colorful claims as “Deception” the “Indiana Crime Victims’ Act,” I don’t think this case is an easy slam…it could definitely go 5 sets with the proper defense.

Leave a comment or send an email if you’d like the full Complaint.

Court Case Number: 1:10-cv-01236-JMS-TAB
File Date: Thursday, September 30, 2010
Plaintiff: Net Pro Trading Card Company, LLC
Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP
Defendant: Ace Authentic Sports memorabilia, LLC, John Reichel
Cause: Trademark Infringement, False Endorsement, False Advertising, 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 Tim A. Baker

Jun 15 2010

Indiana Copyright Litigation Update – Saturday Evening Post Society v. Hungry Howie’s Pizza & Subs

Indianapolis-based Curtis Publishing Co. has sued a Michigan-based chain of pizza restaurants for copyright infringement.

The suit, filed June 3 in federal court in Indianapolis, accused Hungry Howie’s Pizza & Subs Inc. of Madison Heights, Michigan, of infringing the copyright to a Saturday Evening Post cover first published in 1943. The cover, “Freedom from Want,” is by the late Norman Rockwell, and features the image of a family at a Thanksgiving dinner as a large roast turkey is being brought to the table.

Curtis accused the pizza chain of using the Rockwell painting in an “unauthorized, multistate advertising campaign, according to court papers. The ads, which began in November 2009, featured a “precise mimicry of the various nuances” of the Rockwell painting,” with the alteration of replacing the turkey with a pizza, Curtis said in its complaint.

Despite having been sent a cease-and-desist letter and “numerous other communications,” the pizza chain continued to use this advertisement throughout the 2009 winter holiday season, according to court papers.

The publisher is represented by Jonathan Faber, Kyle M. Baker and Cynthia A. Bedrick of McNeely Stephenson Thopy & Harrold of Shelbyville, Indiana.

The case is Saturday Evening Post Society Inc. v. Hungry Howie’s Pizza & Subs Inc., 1:10-cv-00680-LJM-DML, U.S. District Court, Southern District of Indiana (Indianapolis).

Source: Bloomberg Businessweek