Indiana Trademark Litigation Update – Edible Arrangements v. Edible Creations

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

Complaint:

Indiana Trademark Litigation Update – Rieke Corporation v. Riekes Packaging Corporation

Since as least as early as June 2000, Plaintiff, based in Auburn, Indiana, has continuously used the RIEKE PACKAGING SYSTEMS® trademark in connection with Plaintiff’s dispensing systems and closures. Around 2012, Defendant began using the RIEKES PACKAGING CORPORATION name in connection with glass bottles, plastic bottles, plastic closures, caps, metalclosures, dispensing closures and systems. Plaintiff has brought this lawsuit seeking damages and injunctive relief.

Rieke Corporation v. Riekes Packaging Corporation

Court Case Number: 1:14-cv-00241-PPS-RBC
File Date: Thursday, August 07, 2014
Plaintiff: Rieke Corporation
Plaintiff Counsel: Kurt N. Jones of Woodard Emhardt Moriarty McNett & Henry LLP
Defendant: Riekes Packaging Corporation
Cause: Federal Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Trademark Litigation Update – Darryl D. Agler v. Westheimer Corporation

Alleged Infringing Product - Exhibit F to Complaint

Alleged Infringing Product – Exhibit F to Complaint

Plaintiff is a custom guitar-maker from Fort Wayne, Indiana. He has sold his high-quality guitars under the registered STRATOTONE trademark since 2007.

Plaintiff’s high-end guitars are “painstakingly hand-crafted from the wood of a customer’s choosing and features vintage hardware and pick-ups.” They generally retail for above $1,250. Defendant has allegedly flooded the market with lower quality, cheaper (between $200-400) guitars that bear the STRATOTONE Mark. Plaintiff discovered the infringing products at a NAMM show in 2010, where he confronted Defendant’s personnel.

Defendant, based in Illinois, attempted to file its own trademark application for STRATOTONE in December 2012 but was rejected based on Plaintiff’s registration. In response, Defendant has attempted to cancel Plaintiff’s registration and Plaintiff has brought this lawsuit.

Darryl D. Agler v. Westheimer Corporation

Court Case Number: 1:14-cv-00099
File Date: Thursday, March 27, 2014
Plaintiff: Darryl D. Agler
Plaintiff Counsel: Louis T. Perry, Amie P. Carter of Faegre Baker Daniels LLP
Defendant: Westheimer Corporation
Cause: Federal Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Trademark Counterfeiting, Common Law Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment, Conversion, Deception, Indiana Crime Victim’s Relief Act
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Roger B. Cosbey

Indiana Copyright Litigation Update – Countryman Nevada v. Does 1-16

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

Indiana Copyright Litigation Update – Granite Ridge Builders v. Ed Hollis et al

Here is yet another case involving misappropriated architectural drawings. Home builders, you should know by now that architectural drawings are protected by copyright law. If there’s a floor plan you really like, just pay for it! The price is beans (approx. $700-1500) against the cost of building a home.

Architectural Drawings

Granite Ridge Builders Inc v. Ed Hollis et al

Court Case Number: 1:14-cv-00007-TLS-RBC
File Date: Monday, January 13, 2014
Plaintiff: Granite Ridge Builders Inc
Plaintiff Counsel: Thomas B. Trent, Susan E. Trent, Mark W. Baeverstad of Rothberg Logan & Warsco LLP
Defendant: Ed Hollis, Sharon A. Miller, Old Dutch Homes Corp., Edward L. Kouder
Cause: Copyright Infringement, Contributory Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Theresa L Springmann
Referred To: Magistrate Judge Roger B Cosbey

Indiana Trademark Litigation Update – 80/20 Inc v. John Doe

Plaintiff, 80/20 Inc. of Columbia City, Indiana, is a leading manufacturer of T-slotted extrusion products (see image) and accessories. Defendant “TNutz” is allegedly representing through its eBay store that numerous products being offered for sale are 80/20 products when they are not. After TNutz failed to respond to several communication attempts, Plaintiff brought this lawsuit.

Stay tuned for updates.

80/20 Inc v. John Doe

Court Case Number: 1:13-cv-00262-RLM-RBC
File Date: Friday, September 06, 2013
Plaintiff: 80/20 Inc
Plaintiff Counsel: D Randall Brown of Barnes & Thornburg LLP
Defendant: John Doe
Cause: Trademark Infringement, Passing Off
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Copyright Litigation Update – Malibu Media v. John Doe 12

Malibu Media LLC v. John Doe 12

Related Case: Malibu Media LLC v. John Does 1-14 (Romantic Memories)

Court Case Number: 1:13-cv-00166-PPS-RBC
File Date: Wednesday, May 22, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe 12
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Copyright Litigation Update – Malibu Media v. John Doe 5

Malibu Media LLC v. John Doe 5

Related Case: Malibu Media LLC v. John Does 1-14 (Romantic Memories)

Court Case Number: 1:13-cv-00164-PPS-RBC
File Date: Wednesday, May 22, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe 5
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Robert J. Jonker
Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Copyright Litigation Update – Malibu Media LLC v. John Doe 9

Malibu Media LLC v. John Doe 9

Related Case: Malibu Media LLC v. John Does 1-14 (Romantic Memories)

Court Case Number: 1:13-cv-00165-PPS-RBC
File Date: Wednesday, May 22, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe 9
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Roger B Cosbey

Indiana Trademark Litigation Update – Manchester University v. Sportswear

Manchester University Inc v. Sportswear Inc

Court Case Number: 1:13-cv-00120-RLM-RBC
File Date: Wednesday, April 17, 2013
Plaintiff: Manchester University Inc
Plaintiff Counsel: D Randall Brown of Barnes & Thornburg LLP
Defendant: Sportswear Inc
Cause: Trademark Infringement; False Designation of Origin, False Description, and/or False Representation; Common Law Trademark Infringement and Unfair Competition,
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr
Referred To: Magistrate Judge Roger B. Cosbey