This trademark lawsuit involves fresh fruit arrangements cut to look like flowers. Plaintiff operates under the EDIBLE ARRANGEMENTS mark while Defendants offer similar goods under the EDIBLE CREATIONS mark. Plaintiff has also opposed Defendants’ federal trademark application, which was refused when Defendant failed to respond to the opposition.
Edible Arrangements, LLC et al v. Thomas Drummond et al
Court Case Number: 1:14-cv-00315 File Date: Thursday, October 09, 2014 Plaintiff: Edible Arrangements, LLC, Edible Arrangements International, LLC Plaintiff Counsel: Thomas A. Herr of Barrett & McNagny LLP Defendant: Thomas Drummond, Edible Creations, LLC Cause: Trademark Infringement, False Designation of Origin, Dilution, Copyright Infringement, Unfair Competition Court: Northern District of Indiana Judge: Judge Robert L. Miller, Jr. Referred To: Magistrate Judge Roger B. Cosbey
They’re back! Just when you thought the BitTorrent download cases had stopped in Indiana, Nicoletti is back with a new lawsuit involving “Charlie Countryman,” a film starring Shia LaBeouf, Rupert Grint and Evan Rachel Wood. The film was released November 15, 2013 in the United States to largely negative reviews. Having failed at the box office, the producers have apparently turned to lawyers to recoup some of their costs from the 16 Hoosiers unlucky enough to have (allegedly) downloaded the film.
Countryman Nevada LLC v. Does 1-16
Court Case Number: 1:14-cv-00019-RLM-RBC File Date: Friday, January 24, 2014 Plaintiff: Countryman Nevada LLC Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC Defendant: Does 1-16 Cause: Copyright Infringement Court: Northern District of Indiana Judge: Judge Robert L. Miller, Jr. Referred To: Magistrate Judge Roger B. Cosbey
This is the first download case in Indiana in a few months. It involves the movie The Company You Keep, starring Robert Redford, Susan Sarandon, Shia LaBeouf and Nick Nolte. There’s a different plaintiff and attorney than the Malibu Media cases.
TCYK LLC v. Does 1-19
Court Case Number: 2:13-cv-00320-RLM-PRC File Date: Wednesday, September 11, 2013 Plaintiff: TCYK LLC Plaintiff Counsel: Keith A. Vogt of Takiguchi & Vogt Defendant: Does 1-19 Cause: Copyright Infringement Court: Northern District of Indiana Judge: Judge Robert L. Miller, Jr. Referred To: Magistrate Judge Paul R. Cherry
The case involves Tyler Perry’s new movie, Temptation. Plaintiff, an Indiana resident, alleges to have written a very similar screenplay that he gave to “an associate of Oprah Winfrey” a couple years ago to give to Perry. Plaintiff received no further contact regarding the script and learned of the similarities when Perry’s movie was promoted in early 2013. Plaintiff now seeks remuneration via a copyright infringement lawsuit.
Temptation involves “[a]n explosive romance about the seductive dangers of the forbidden, this film tells the provocative and sensual story of Judith, an ambitious married woman whose obsessive passion for a handsome billionaire leads to betrayal, danger and a choice that will forever alter the course of her life.”