Court Case Number: 3:13-cv-00164-PPS-CAN
File Date: Tuesday, March 05, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein
Court Case Number: 3:13-cv-00162-PPS-CAN
File Date: Tuesday, March 05, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein
Court Case Number: 1:13-cv-00030-PPS-RBC
File Date: Tuesday, February 05, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Roger B Cosbey
Court Case Number: 1:12-cv-00390-PPS-RBC
File Date: Wednesday, November 07, 2012
Plaintiff: Three Rivers Archery Supply Inc, Dale Karch, Sandra Karch
Plaintiff Counsel: Melanie L Farr, Holly A Brady of Haller & Colvin PC, Todd T Taylor of Taylor & Aust PC
Defendant: Parker Compound Bows Inc
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Common Law Trademark Infringement, Common Law False Designation of Origin, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Roger B Cosbey
Here’s a fun case. Plaintiff, an Indiana corporation, has sold security software under the mark CLEAN SLATE since 2000. In Defendant Warner Bros’ latest Batman movie, The Dark Knight Rises, Batman promises to obtain a software program called CLEAN SLATE that will erase a person’s criminal history from every computer database in the world. This has apparently caused hundreds of internet references for the fictional movie software, to which Plaintiff objects.
What do you think is the likely outcome of this case? Can it survive a Motion to Dismiss? Is Warner Bros really using CLEAN SLATE as a trademark?
It also shines a spotlight on that magic moment in the marketing department where an invention titled “Targeted Data Detection and Elimination Algorithm” becomes…CLEAN SLATE! [Note: The patent application is from movie promotional materials. It is not real.]
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
Court Case Number: 3:12-cv-00480-PPS-CAN
File Date: Thursday, September 06, 2012
Plaintiff: 1st Source Bank
Plaintiff Counsel: Patrick David Murphy of Boveri Murphy Rice LLP
Defendant: Firstsource Solutions Limited, Firstsource Solutions USA Inc, Firstsource Advantage LLC, Firstsource Financial Solutions Inc
Cause: Service Mark Infringement, Unfair Competition, Dilution, Cancellation of Registrations
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Christopher A Nuechterlein
Court Case Number: 3:12-cv-00411-PPS-CAN
File Date: Wednesday, August 01, 2012
Plaintiff: CK Franchising Inc
Plaintiff Counsel: Damon R Leichty of Barnes & Thornburg LLP
Defendant: Comfort Keepers Inc, Catherine Graham
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Trademark Dilution,
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Christopher A Nuechterlein
Court Case Number: 1:12-cv-00263-PPS-RBC
File Date: Monday, July 30, 2012
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Does 1-14
Cause: Copyright Infringement, Contributory Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey
Court Case Number: 2:12-cv-00294-PPS-APR
File Date: Monday, July 30, 2012
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Does 1-11
Cause: Copyright Infringement, Contributory Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Andrew P. Rodovich
Mortar Net continues its attempts to protect its “dovetail-shaped line of fibrous mesh products for use in masonry applications” (see example in Exhibit A below). Mortar Net’s counsel have a pretty clear hurdle to overcome in the “functionality doctrine,” which prevents manufacturers from protecting specific features of a product by means of trademark law. If a feature gives a producer a competitive advantage which is not related entirely to its function as a brand identifier, then it cannot be trademarked, regardless of advertising and promotional efforts. Such features are more appropriately protected under patent law. This is Mortar Net’s third filing of the year (see Related Cases below) and all have been assigned to a different judge, so maybe they’ll get lucky and find a judge willing to extend trademark protection to their dovetail design.
Stay tuned for updates.
Related Cases:
Court Case Number: 2:12-cv-00252-PPS-PRC
File Date: Tuesday, July 03, 2012
Plaintiff: Mortar Net USA Ltd
Plaintiff Counsel: Daniel W Glavin of O’Neill McFadden & Willett LLP
Defendant: Masonry Reinforcing Corporation of America
Cause: Trade Dress Infringement, Federal Trademark Infringement, Trademark Infringement, Federal Unfair Competition, Common Law Infringement Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Paul R Cherry
Complaint:
Exhibit A:
