18 Malibu Media/X-Art Copyright Lawsuits filed in Southern District of Indiana

Plaintiff Malibu Media has filed 18 new BitTorrent copyright cases in the Southern District of Indiana on behalf of their client, “beautiful erotica”-provider X-Art. Each lawsuit is filed against a single John Doe with one claim of direct copyright infringement.

Malibu Media LLC v. John Doe subscriber assigned IP address 50.141.132.4
Court Case Number: 1:14-cv-00734-TWP-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.141.132.4
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 50.151.109.205
Court Case Number: 1:14-cv-00735-TWP-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.151.109.205
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 24.14.133.150
Court Case Number: 1:14-cv-00733-RLY-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 24.14.133.150
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 24.13.26.28
Court Case Number: 1:14-cv-00732-SEB-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 24.13.26.28
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 98.220.145.100
Court Case Number: 1:14-cv-00757
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.220.145.100
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.220.129.105
Court Case Number: 1:14-cv-00755-JMS-DKL
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.220.129.105
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.213.184.255
Court Case Number: 1:14-cv-00754-JMS-MJD
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.213.184.255
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.212.56.174
Court Case Number: 1:14-cv-00753-SEB-TAB
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.212.56.174
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Malibu Media LLC v. John Doe subscriber assigned IP address 68.51.71.237
Court Case Number: 1:14-cv-00752-SEB-DKL
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 68.51.71.237
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 67.163.85.215
Court Case Number: 1:14-cv-00740-TWP-MJD
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 67.163.85.215
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 50.165.234.83
Court Case Number: 1:14-cv-00739-WTL-DKL
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.165.234.83
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 50.151.212.213
Court Case Number: 1:14-cv-00738-SEB-MJD
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.151.212.213
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.253.168.90
Court Case Number: 1:14-cv-00763-TWP-DKL
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.253.168.90
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.253.11.177
Court Case Number: 1:14-cv-00762-SEB-DML
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.253.11.177
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 98.228.104.170
Court Case Number: 1:14-cv-00761-JMS-DKL
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.228.104.170
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.227.7.60
Court Case Number: 1:14-cv-00760-WTL-MJD
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.227.7.60
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.222.130.20
Court Case Number: 1:14-cv-00759-SEB-MJD
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.222.130.20
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.220.54.186
Court Case Number: 1:14-cv-00758-JMS-DML
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.220.54.186
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

Representative Complaint:

Indiana Trademark Litigation Update – Roche Diagnostics GmbH v. Polymer Technology Systems

Plaintiff, based in Indianapolis, Indiana, has used the ACCU-CHEK trademark in connection with medical instruments and apparatus related to blood-glucose monitoring and diabetes management and education since as early as 1981. In March 2014, Defendant changed its company name to CHEK Diagnostics and began to promote a line of diabetes care products. Plaintiff maintains that the CHEK mark is confusingly similar to its ACCU-CHEK trademarks.

Roche Diagnostics GmbH et al v. Polymer Technology Systems Inc.

Court Case Number: 1:14-cv-00552-JMS-DKL
File Date: Thursday, April 10, 2014
Plaintiff: Roche Diagnostics GmbH, Roche Diagnostics Operations Inc.
Plaintiff Counsel: Jonathan P. Froemel, John R. Maley of Barnes & Thornburg LLP
Defendant: Polymer Technology Systems Inc.
Cause: Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Declaratory Judgment
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Indiana Copyright Litigation Update – Richard N. Bell v. Diversified Vehicle Services et al

INDY SKYLINEThe Plaintiff in this copyright lawsuit is an attorney and professional photographer living in McCordsville, Indiana. In 2000, Plaintiff took two photographs of the downtown Indianapolis skyline from a location on the Canal near the USS Indianapolis Memorial. Both of Plaintiff’s photographs were duly registered with the U.S. Copyright Office and posted on the Internet in August 2000. All of the various defendants have allegedly utilized Plaintiff’s photographs on their respective websites without permission.

Website owners, you should immediately check your websites to determine whether you know the source of EVERY photograph. Unless you’re certain that you have permission to use the photographs (or qualify for some exception to copyright infringement like fair use), remove/replace the photographs at once. These photograph copyright lawsuits have been occurring for far too long to continue to plead ignorance or innocent infringement. Take your own photographs, hire a photographer or license existing photographs. But don’t get caught in a lawsuit because you take the easy way out and grab an image from Google.

Whatever you do, definitely don’t use Plaintiff’s photographs…he has a long history of litigation to enforce his copyrights:

Richard N. Bell v. Mark Arruda

Bell v. Indy Cleaning Pros

Richard N. Bell v. Greg Bayers LLC et al.

Richard N. Bell v. Jerry Gordon et al.

Richard Bell v. Cameron Taylor et al.

Richard N. Bell v. Diversified Vehicle Services et al

Court Case Number: 1:14-cv-00525
File Date: Monday, April 07, 2014
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell – Pro Se
Defendant: Diversified Vehicle Services, Cameron Taylor, Taylor Computer Solutions, Rhonda Williams, Forensic Solutions Inc., Heath Garrett, Crestacom Inc., American Traveler Service Corp. LLC, Mike Cowper, Rensselaer Polytechnic Institute, Easystreet Realty Indianapolis, Drohan Management, Metal Markets, Mattison Corporation, Industrial Heating Equipment Association, Junk Dawgs, Kimberly Hinds
Cause: Copyright Infringement, Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

Indiana Trademark Litigation Update – Order Inn v. Ton Ganser et al

Since as early as 2000, Plaintiff has used its registered ORDER INN trademark in connection with “On-line ordering services in the field of restaurant takeout and delivery.” Defendant has begun providing similar services at the http://www.order-in.biz domain. Plaintiff seeks an injunction and damages as a result of the allegedly infringing activity.

Order Inn Screenshot

Order Inn, Inc. v. Ton Ganser et al

Court Case Number: 1:14-cv-00517-TWP-DKL
File Date: Friday, April 04, 2014
Plaintiff: Order Inn, Inc.
Plaintiff Counsel: Ryan Gile of Weide & Miller Ltd.
Defendant: Ton Ganser, TJ Enterprises of Indiana LLC, Does 1-10
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Indiana Trademark Litigation Update – Chartreuse v. Chartreuse Fragrances

The Plaintiff in this Declaratory Judgment action is an Indianapolis-based LLC that has used the CHARTREUSE trademark in connection with “handmade soy candles” since January 2013.

Screen Shot 2014-02-11 at 7.49.29 AM

Defendant is a New Jersey-based LLC that owns a federal registration for CHARTREUSE in connection with “Candles,” with a date of first use in commerce in April 2002. Defendant sent a “cease and desist” letter to Plaintiff in January 2014 asserting their trademark rights. Plaintiff responded by filing a complaint for Declaratory Judgment of Non-Infringement, Unenforceability and Invalidity.

The Plaintiff asserts in their Complaint that Defendant has not used their trademark for over three (3) years, that the CHARTREUSE mark is descriptive and therefore not entitled to registration and that the claimed date of first use in the registration is inaccurate. If these things can be proved, Plaintiff may have a shot to invalidate the registration. However, in addition to counterclaims based on the federal registration, I’d expect Defendant’s Response to include a full slate of common law trademark infringement counterclaims based on their lengthy use of their trademark.

Maybe I’m in the wrong line of work. There must be good money in “handmade soy candles” if Plaintiff can afford to hire a big law firm to pursue federal litigation to protect a trademark in use for just over a year.

Chartreuse LLC v. Chartreuse Fragrances LLC

Court Case Number: 1:14-cv-00181-WTL-DKL
File Date: Friday, February 07, 2014
Plaintiff: Chartreuse LLC
Plaintiff Counsel: Louis T. Perry of Faegre Baker Daniels LLP
Defendant: Chartreuse Fragrances LLC
Cause: Unenforceability and Invalidity of Defendant’s Mark, Non-Infringement of Trademark
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Denise K. LaRue

 

Indiana Trademark Litigation Update – Swag Merchandising v. T.V. Store Online

Plaintiff alleges that Defendant is manufacturing and selling unauthorized “Energy Dome Hats,” the headwear popularized by American New Wave band DEVO.

Plaintiff claims to be the exclusive licensing agent of DEVO’s intellectual property rights. The Complaint references a pair of federal trademark registrations for DEVO in connection with “entertainment services” and “sound and visual recordings.” The ultimate question for this case however, which is less clear in the Complaint, is whether DEVO owns the rights to manufacture and sell Energy Dome Hats, which are “red in color, circular, and including four tiers of the circular design, with each tier becoming larger in circumference from the top of the hat to the bottom of the hat.”

Swag Merchandising Inc. et al v. T.V. Store Online et al

Court Case Number: 1:14-cv-00127-TWP-DKL
File Date: Wednesday, January 29, 2014
Plaintiff: Swag Merchandising Inc., Devo Inc. Corporation California
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: T.V. Store Online, Fred Hajjar
Cause: Violation of 1125(a), Trademark Infringement, Common Law Trademark Infringement, Counterfeiting, Dilution, Common Law Unfair Competition, Statutory Right of Publicity, California Right of Publicity Infringement, Common Law Right of Publicity, Deception, Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

State Court Complaint:

Notice of Removal:

Indiana Trademark Litigation Update – Sensory Technologies v. Sensory Technology Consultants

Sensory overload!

This is a fairly standard trademark dispute over the trademark “Sensory Technologies” in connection with audio-visual and video conferencing systems. Sensory Indiana (Plaintiff) is suing Sensory Utah (Defendant) after months of notice letters went unanswered. We’ll see if the lawsuit merits a response.

Sensory Technologies, LLC v. Sensory Technology Consultants, Inc.

Court Case Number: 1:13-cv-00834-SEB-DKL
File Date: Wednesday, May 22, 2013
Plaintiff: Sensory Technologies, LLC
Plaintiff Counsel: Jonathan G. Polak, Tracy N. Betz of Taft Stettinius & Hollister LLP
Defendant: Sensory Technology Consultants, Inc.
Cause: Trademark Infringement, False Designation of Origin, Unfair Competition, Declaratory Judgment, Preliminary Injunction, Permanent Injunction
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

Indiana Copyright Litigation Update – Richard N. Bell v. Mark Arruda

Richard N. Bell v. Mark Arruda et al

Court Case Number: 1:13-cv-00800-TWP-DKL
File Date: Wednesday, May 15, 2013
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Cameron Tayler, Taylor Computer Systems, Insurance Concepts, Fred O’Brien, Indy Cleaning Pros, James Allen, Karen Allen, ForeclosureWarehouse.com, Inc., Shanna Cheatam, AILS, MAXXCLEAN LLC, HomeRoute, Infored Media, LLC, Redouane Chioua, American Auto Transport, National Communications Company, LLC, AboNet, Cities Online, Shelly Rupel, Ben McCann, Neil Cox, Mark Arruda
Cause: Copyright Infringement and Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Indiana Copyright Litigation Update – Malibu Media, LLC v. John Doe (667)

Malibu Media, LLC v. John Doe

Court Case Number: 1:13-cv-00667-SEB-MJD
File Date: Wednesday, April 24, 2013
Plaintiff: Malibu Media, LLC
Plaintiff CounselPaul J Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe
Cause: Copyright Infringement
CourtSouthern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana Copyright Litigation Update – Malibu Media, LLC v. John Doe (666)

Malibu Media, LLC v. John Doe

Court Case Number: 1:13-cv-00666-TWP-MJD
File Date: Wednesday, April 24, 2013
Plaintiff: Malibu Media, LLC
Plaintiff CounselPaul J Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe
Cause: Copyright Infringement
CourtSouthern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue
Referred To: Magistrate Judge Mark J. Dinsmore