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
The Plaintiff, located in Montana, owns the rights to celebrity photographs which it licenses to online and print publication. Defendant, an Indiana company based in Brown County, Indiana, has allegedly used some photographs without authorization on their website, http://www.jeepersminiatures.com.
lautance B. Aiuppy v. Ufnowski Enterprises, LLC
Court Case Number: 1:13-cv-01647-SEB-TAB File Date: Tuesday, October 15, 2013 Plaintiff: lautance B. Aiuppy Plaintiff Counsel: Craig B. Sanders of Sanders Law PLLC Defendant: Ufnowski Enterprises, LLC Cause: Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement, Inducement of Copyright Infringement, Injunction Pursuant to 17 USC 502, Attorneys Fees and Costs Pursuant to 17 USC 505 Court: Southern District of Indiana Judge: Judge Sarah Evans Barker Referred To: Magistrate Judge Tim A. Baker
Malibu Media, LLC v. John Doe subscriber assigned IP address 220.127.116.11
Court Case Number: 1:13-cv-01518-WTL-TAB File Date: Friday, September 20, 2013 Plaintiff: Malibu Media, LLC Plaintiff Counsel: Paul J. Nicoletti of Nicoletti and Associates Defendant: John Doe subscriber assigned IP address 18.104.22.168 Cause: Copyright Infringement Court: Southern District of Indiana Judge: Judge William T. Lawrence Referred To: Magistrate Judge Tim A. Baker
Court Case Number: 1:13-cv-00882-WTL-TAB File Date: Thursday, May 30, 2013 Plaintiff: Carol L. Sissom Plaintiff Counsel: Maria Matters of Maria Matters at Law Defendant: Robert L. Snow, Berkley Publishing Group, Penguin Group (USA) Inc., Barnes and Nobel Booksellers, Inc., Amazon, Inc. Cause: Copyright Infringement, Intentional Infliction of Emotional Distress, Defamation Court: Southern District of Indiana Judge: Judge William T. Lawrence Referred To: Magistrate Judge Tim A. Baker
Check out Bruce Lee’s first Hollywood screen test from 1965. Approximately 91 seconds of the over eight minute long video was used in the documentary, I Am Bruce Lee, which aired on Spike TV in February 2012. That July, Laurence Joachim contacted Leeway (which represents the deceased kung-fu star’s interests) and claimed to own the copyright to the screen test. Leeway has received a 1974 copyright registration but no evidence to the chain of title between the filming (1965) and the registration (1974). Mr. Joachim’s counsel, apparently, announced intentions to proceed with litigation unless Leeway paid a six figure settlement. “The demands and threats… have created and actual justiciable claim or controversy such that declaratory relief represents the appropriate remedy.”
Leeway wants the Court to declare both that Mr. Joachim has no copyright in the screen test and that Leeway has not infringed on any of Mr. Joachim’s rights. Stay tuned for updates.
Leeway Media Group LLC v. Laurence Joachim et al
Court Case Number: 1:13-cv-00822-JMS-TAB File Date: Monday, May 20, 2013 Plaintiff: Leeway Media Group LLC Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP Defendant: Laurence Joachim, Trans-National Film Corporation Cause: Declaration of No Valid Copyright, Declaration of No Standing, Declaration of No Copyright Infringement, Declaration of No Unfair Competition Court: Southern District of Indiana Judge: Judge Jane Magnus-Stinson Referred To: Magistrate Judge Tim A. Baker
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 Angie’s List/ServiceMagic 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: