Indiana Copyright Litigation Update – Transcultural C.A.R.E. Associates v. Evansville Vanderburgh School Corporation

Plaintiff is the owner of the copyright in a model of cultural competency titled “Cultural Competency in Healthcare Delivery: Have I ‘ASKED’ Myself the Right Questions?”. Defendants, teachers for Evansville Vanderburgh School Corporation, allegedly used a portion of Plaintiff’s model without permission in a PowerPoint presentation entitled “Culturally Competent Classroom Management” (see Exhibit C below).

The PowerPoint presentation was apparently part of New Teacher Orientation materials. While the Complaint doesn’t elaborate, it’s quite possible the Defendants’ use will qualify for a “fair use” exemption from copyright infringement. Copyright Act Section 107 specifically exempts uses of copyrighted works for, among other things, teaching and scholarship. Defendants’ Answer and/or Motion to Dismiss should provide more detailed information about their use of the Plaintiff’s copyrighted work. Stay tuned for updates.

Josepha Campinha-Bacote d/b/a Transcultural C.A.R.E. Associates v. Evansville Vanderburgh School Corporation et al

Court Case Number: 3:14-cv-00056-RLY-WGH
File Date: Friday, April 18, 2014
Plaintiff: Josepha Campinha-Bacote d/b/a Transcultural C.A.R.E. Associates
Plaintiff Counsel: Avonte D. Campinha-Bacote of Campinha-Bacote LLP
Defendant: Evansville Vanderburgh School Corporation, Dionne Blue, Deborah Hartz
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Complaint:

Exhibit C:

Indiana Cybersquatting Litigation Update – BidPal v. Intermediaone et al

Plaintiff, BidPal, Inc., owns a federal trademark registration for BIDPAL. Defendant owns several BidPal-formative domain names, including Bidpal.com, Bidpal.org, Bidpal.info, Bidpal.biz, Bidpal.mobi, all of which are GoDaddy parked pages. Plaintiff made several attempts to contact Defendant but was unable to reach him.

Screen Shot 2014-02-07 at 10.45.14 AM

Plaintiff’s Complaint makes an interesting assertion that, since Defendant owns all of the domains listed above, Plaintiff was forced to adopt ” the far-inferior domain name www.bidpalnetwork.com.” In the age of search, where bidpalnetwork.com ranks 1st on the Google search results for “Bidpal” and none of Defendant’s domains rank at all, do you agree that there’s such a thing as a “far-inferior” domain name? Or just preferred and non-preferred domain names?

Plaintiff may be hoping for a Default Judgment if Defendant doesn’t decide to defend himself. This case may also help determine whether Indiana courts will rule that “parked” domains can constitute cybersquatting. Stay tuned for updates.

BidPal Inc. v. Intermediaone et al

Court Case Number: 1:14-cv-00168-RLY-MJD
File Date: Wednesday, February 05, 2014
Plaintiff: BidPal Inc.
Plaintiff Counsel: Paul B. Overhauser of Overhauser Law Offices LLC
Defendant: Intermediaone, Intermediaone-AGB, Peter Peterre, Bidpal.com, Bidpal.org, Bidpal.info, Bidpal.biz, Bidpal.mobi
Cause: Cybersquatting, Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

Wounded Warrior Project sues Indiana Veteran over Critical Comments on Website

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.

All Veterans Memorial

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

Indiana Trademark Litigation Update – Eli Lilly files 2 lawsuits over pet brands ELANCO, COMFORTIS, TRIFEXIS and PANORAMIS

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

Indiana Copyright Litigation Update – Silver Streak Industries v. Squire Boone Caverns

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.

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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

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 Trademark Litigation Update – XP Innovation v. Ian Smith

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:

Dans Comp Ad

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.

Indiana Copyright Litigation Update – Malibu Media LLC v. John Doe (391)

Malibu Media LLC v. John Doe

Court Case Number: 1:13-cv-00391-RLY-MJD
File Date: Friday, March 08, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana Copyright Litigation Update – Malibu Media LLC v. John Doe (392)

Malibu Media LLC v. John Doe

Court Case Number: 1:13-cv-00392-RLY-DKL
File Date: Friday, March 08, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Denise K. LaRue

Indiana Copyright Litigation Update – BMI v. Southside II

Broadcast Music Inc. et al v. Southside II Inc. et al

Court Case Number: 3:13-cv-00019-RLY-WGH
File Date: Tuesday, February 05, 2013
Plaintiff: Broadcast Music Inc.Paul Simon MusicConcord Music Group, EMI Unart Catalog Inc., Cyanide Publishing, Sony/ATV Songs LLCSongs of Universal Inc., Escatawpa Songs, Buffalo Prairie Songs, Showbilly Music, EMI Blackwood Music Inc., Jackaboy Songs
Plaintiff Counsel:
Defendant: Southside II Inc., Mary Miller, Todd Miller, Amanda Miller
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr