Plaintiff, Wounded Warrior Project, is a Virginia-based nonprofit that claims to provide comfort items to service members injured in combat. Defendant Help Indiana Vets operates an Indiana-based website (run by a U.S. Army veteran) that is critical of Plaintiff’s operations, asserting that “Wounded Warrior Project is a Fraud.” Wounded Warrior Project responded by filing this lawsuit in an attempt to force Defendant to change the website.
Defendant seems intent on fighting the lawsuit on behalf of “all Wounded Warriors” and is soliciting donations for a legal defense fund. Veterans, bloggers, free speech and anti-censorship advocates will likely be interested in supporting Defendant in this litigation but it will be an uphill battle since Plaintiff already has a team of high-powered attorneys.
Stay tuned for updates.
Wounded Warrior Project, Inc. v. Help Indiana Vets, Inc. et al
Court Case Number: 1:13-cv-01857-RLY-DML File Date: Thursday, November 21, 2013 Plaintiff: Wounded Warrior Project, Inc. Plaintiff Counsel: Jessica M. Lindemann of Barnes & Thornburg LLP Defendant: Help Indiana Vets, Inc., Dean M. Graham Cause: False Advertising, Criminal Deception, Defamation, Common Law Unfair Competition, Tortious Interference with Business Relationships, Unjust Enrichment Court: Southern District of Indiana Judge: Judge Richard L. Young Referred To: Magistrate Judge Debra McVicker Lynch
Eli Lilly has filed two related cases involving its many lines of pet medicines, including ELANCO veterinary preparations, COMFORTIS flea-control preparations and TRIFEXIS and PANORAMIS pet medicines. The Defendants allegedly advertise and sell Australian and European version of the pet medicines branded with Eli Lilly’s trademarks through their respective websites.
Eli Lilly and Company v. Graham Nelson et al
Court Case Number: 1:13-cv-01800-JMS-DML File Date: Tuesday, November 12, 2013 Plaintiff: Eli Lilly and Company Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP Defendant: Graham Nelson, Zoja Pty. Ltd. Cause: Trademark Infringement, Unfair Competition, False Advertising, State Unfair Competition Court: Southern District of Indiana Judge: Judge Jane Magnus-Stinson Referred To: Magistrate Judge Debra McVicker Lynch
Eli Lilly and Company v. Sebastian Wiradharma et al
Court Case Number: 1:13-cv-01802-RLY-TAB File Date: Tuesday, November 12, 2013 Plaintiff: Eli Lilly and Company Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP Defendant: Sebastian Wiradharma, Singpet Pte. Ltd. Cause: Trademark Infringement, Unfair Competition, False Advertising, State Unfair Competition Court: Southern District of Indiana Judge: Judge Richard L. Young Referred To: Magistrate Judge Tim A. Baker
Fun case. The work at issue is a “whimsical representation of a mining ore car used to display polished stone and an accompanying brochure that lists the type of stones displayed.” Defendant Squire Boone Caverns, located in Harrison County, Indiana, is allegedly producing and selling an infringing ore car.
The Plaintiff does have a copyright registration for a 3-Dimensional sculpture for “Ore Card Display and Game Cards.” However, there will certainly be some functionality challenges to overcome. Additionally, the Plaintiff will need to reconcile why the registration for a “wood constructed attraction” for game cards should extend to polished stones. Squire Boone’s ore car product is advertised in connection with polished stones. It’s not apparent from the Complaint or Exhibits whether the Squire Boone ore car is made from wood, plastic or metal.
This case will probably see a Motion to Dismiss so stay tuned. A design patent would have probably been the preferred method of intellectual property protection for the Plaintiff’s ore car.
Silver Streak Industries LLC v. Squire Boone Caverns Inc.
Court Case Number: 4:13-cv-00173-RLY-DML File Date: Tuesday, October 29, 2013 Plaintiff: Silver Streak Industries LLC Plaintiff Counsel: Van T. Willis, Ashley G. Eade of Kightlinger & Gray LLP Defendant: Squire Boone Caverns Inc. Cause: Copyright Infringement, Tortious Interference with Contract Court: Southern District of Indiana Judge: Judge Richard L. Young Referred To: Magistrate Judge Debra McVicker Lynch
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):
This appears to be Indiana’s first “Sponsored” ad case. Anyone who uses Facebook has seen the “Sponsored” ads on the right side of their screen. Those ads are one of the primary ways that Facebook makes money. Similar to the “keyword advertising” cases revolving around Google’s keyword searches, it now appears the time has come to litigate over what constitutes an acceptable use of someone else’s trademark in one of Facebook’s sponsored ads.
Quick summary of the facts:
1. Defendant ran the following Sponsored ad on Facebook:
2. Clicking the link takes users to a separate website where they complete a survey and enter their name, email and phone number in hopes of winning a free Dan’s Comp bicycle. Due to the prominent use of the Dan’s Comp logo, that website appears to be affiliated with Dan’s Comp (although it is not).
3. Nobody ever wins a bicycle.
4. Dan’s Comp’s reputation is damaged and the consuming public is potentially harmed.
Stay tuned for updates.
XP Innovation LLC v. Ian Smith
Court Case Number: 3:13-cv-00106-RLY-WGH File Date: Friday, April 12, 2013 Plaintiff: XP Innovation LLC Plaintiff Counsel: Amie P. Carter, Louis T. Perry of Baker & Daniels Defendant: Ian Smith Cause: Trademark Infringement, Unfair Competition and False Designation of Origin, False Advertising, Common Law Unfair Competition and Trademark Infringement Court: Southern District of Indiana Judge: Judge Richard L. Young Referred To: Magistrate Judge William G. Hussmann, Jr.
Angela Ethel Brooks-Ngwenya v. Indianapolis Public Schools
Court Case Number: 1:13-cv-00152-RLY-DKL File Date: Monday, January 28, 2013 Plaintiff: Angela Ethel Brooks-Ngwenya Plaintiff Counsel: Angela Ethel Brooks-Ngwenya – Pro Se Defendant: Indianapolis Public Schools Cause: Copyright Infringement Court: Southern District of Indiana Judge: Judge Richard L. Young Referred To: Magistrate Judge Denise K. LaRue