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 – lautance B. Aiuppy v. Ufnowski Enterprises

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

Indiana Copyright Litigation Update – Malibu Media v. John Doe subscriber assigned IP address 50.129.162.170

Malibu Media, LLC v. John Doe subscriber assigned IP address 50.129.162.170

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 50.129.162.170
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker

See other Indiana Download Cases.

Indiana Copyright Litigation Update – Sissom v. Snow

Carol L. Sissom v. Robert L. Snow et al

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

Indiana Copyright Litigation Update – Leeway Media Group v. Laurence Joachim

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

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 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:

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

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

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

Indiana Trademark Litigation Update – Australian Gold v. MR International

Australian Gold LLC v. MR International LLC

Court Case Number: 1:13-cv-00215-WTL-TAB
File Date: Wednesday, February 06, 2013
Plaintiff: Australian Gold LLC
Plaintiff Counsel: Charles J. Meyer, William A. McKenna of Woodard Emhardt Moriarty McNett & Henry LLP
Defendant: MR International LLC
Cause: Federal and Common Law Trademark Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – Allison Transmission v. Cross Oil Refining & Marketing

Allison Transmission Inc. v. Cross Oil Refining & Marketing Inc. et al

Court Case Number: 1:13-cv-00047-WTL-TAB
File Date: Wednesday, January 09, 2013
Plaintiff: Allison Transmission Inc.
Plaintiff Counsel: Dwight D. Lueck of Barnes & Thornburg
Defendant: Cross Oil Refining & Marketing Inc.Martin Resource Management CorporationDoolittle Oil Company Inc.
Cause: Infringement of Registered Trademark, False Designation of Origin, Common Law Trademark Infringement and Unfair Competition, False Description of Goods
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker