Tag Archives: Sarah Evans Barker

May 15 2013

Default Judgment of $37,371 Entered Against BitTorrent Download Defendants

One month ago, Judge Jane Magnus-Stinson awarded the first default judgment in an Indiana download case. Judge Magnus-Stinson awarded the maximum allowable copyright damages for a total award of $151,425.

Today, Judge Sarah Evans Barker awarded a smaller default judgment against 3 defendants, in the amount of $37,371.66. Obviously, this is still a hefty award that many argue far outweighs any damage caused to Plaintiff by the unauthorized download of sixteen pornographic videos.

Here’s the pertinent language from the Default Judgment:

[Defendant] shall pay to Plaintiff the sum of $36,000.00 in statutory damages, as authorized under 17 U.S.C. § 504(c)(1), and $1,371.66 (which is one-third of $4,115.00) for attorneys’ fees and costs, as authorized under 17 U.S.C. § 505, making a total of $37,371.66.

For defendants in other Judge Barker download cases, this now sets an upper limit on how much they should spend on a legal defense or settlement.

Malibu Media, LLC v. John Does 1-23

Court Case Number:    1:12-cv-00841-SEB-DKL
File Date:    Monday, June 18, 2012
Plaintiff:     Malibu Media, LLC
Plaintiff Counsel:     Paul J. Nicoletti of Nicoletti & Associates, PLLC
Defendant:     John Does 1-23
Cause:    Copyright Infringement, Contributory Infringement
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

May 12 2013

Indiana Copyright Litigation Update – Keystone Management Systems v. William Clyde Moore Jr.

Here’s 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.

Keystone Management Systems Inc. et al v. William Clyde Moore Jr. et al

Court Case Number: 1:13-cv-00735-SEB-DML
File Date: Monday, May 06, 2013
Plaintiff: Keystone Management Systems Inc., Lockridge Homes-Indianapolis LLC
Plaintiff Counsel: Paul J. Carroll of Mercer Belanger PC
Defendant: William Clyde Moore Jr., Carol Cooper
Cause: Copyright Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

May 9 2013

Trial Scheduled for Indiana’s First Keyword Advertising Case

Indiana’s first keyword advertising case is now set for trial. However, don’t hold your breath if you’re waiting for an answer to whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement. The trial won’t take place for over a year.

On May 6, a Scheduling Order set a bench trial for October 6, 2014 (at 9:30 AM in Room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker). A settlement conference was held  between the parties in February 2013 but no settlement was reached. Based on the importance of this question to the parties involved, I expect this case to go to trial, however long that may take.

In the meantime, you can review the Answer to Complaint and Answer to Counterclaims below. Stay tuned for updates.

DEFENDANT SERVICEMAGIC, INC.’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS:

 

ANGIE’S LIST’S ANSWER TO SERVICEMAGIC’S COUNTERCLAIMS:

Apr 25 2013

Indiana Copyright Litigation Update – Malibu Media, LLC v. John Doe (676)

Malibu Media, LLC v. John Doe

Court Case Number: 1:13-cv-00676-SEB-MJD
File Date: Wednesday, April 24, 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 Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Apr 25 2013

Indiana Copyright Litigation Update – Malibu Media, LLC v. John Doe (667)

Malibu Media, LLC v. John Doe

Court Case Number: 1:13-cv-00667-SEB-MJD
File Date: Wednesday, April 24, 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 Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue
Referred To: Magistrate Judge Mark J. Dinsmore

Apr 25 2013

Indiana Copyright Litigation Update – Malibu Media, LLC v. John Doe (663)

Malibu Media, LLC v. John Doe

Court Case Number: 1:13-cv-00663-SEB-MJD
File Date: Wednesday, April 24, 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 Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue
Referred To: Magistrate Judge Mark J. Dinsmore

Mar 23 2013

Indiana Trademark Litigation Update – Royal Purple v. Liqui Moly GmbH

Here’s an interesting case involving a color trademark. Plaintiff Royal Purple, based in Indianapolis, owns several trademark registrations for the color purple  in connection with high-performance lubricants. The Defendant, German-based Liqui Moly, is accused of selling lubricants with containers/packaging that is purple.

images

Royal Purple LLC v. Liqui Moly GmbH

Court Case Number: 1:13-cv-00492-SEB-DML
File Date: Friday, March 22, 2013
Plaintiff: Royal Purple LLC
Plaintiff Counsel: Deborah Pollack-Milgate, Olivia M. Fleming of Barnes & Thornburg LLP
Defendant: Liqui Moly GmbH
Cause: Trademark Infringement; Unfair Competition, False Designation of Origin; Dilution; Common Law Trademark Infringement; Common Law Unfair Competition; Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Mar 9 2013

Indiana Copyright Litigation Update – Malibu Media LLC v. John Doe (389)

Malibu Media LLC v. John Doe

Court Case Number: 1:13-cv-00389-SEB-TAB
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 Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Mar 9 2013

Indiana Copyright Litigation Update – Malibu Media LLC v. John Doe (394)

Malibu Media LLC v. John Doe

Court Case Number: 1:13-cv-00394-SEB-TAB
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 Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Feb 6 2013

Indiana Copyright Litigation Update – Malibu Media LLC v. John Doe (202)

Malibu Media LLC v. John Doe

Court Case Number: 1:13-cv-00202-SEB-MJD
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: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore