Tag Archives: Unjust Enrichment

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 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:

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

Nov 17 2012

Indiana Right of Publicity Litigation Update – The Estate of Bette Davis v. Erickson Beamon

The Estate of Bette Davis et al v. Erickson Beamon, Ltd.

Court Case Number: 1:12-cv-01687-JMS-DKL
File Date: Friday, November 16, 2012
Plaintiff: The Estate of Betty Davis, CMG Worldwide, Inc.
Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP
Defendant: Erickson Beamon, Ltd.
Cause: Indiana State Statutory Right of Publicity, California State Statutory Right of Publicity, Other Statutory and Common Law Rights of Publicity, Unfair Competition, Common Law Unfair Competition, Unjust Enrichment, Conversion, Deception, Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Jul 28 2012

Indiana Copyright Litigation Update – Sharon Chobat v. Dale Earnhardt, Inc.

Sharon Chobat v. Dale Earnhardt, Inc. et al

Court Case Number: 1:12-cv-01041-TWP-DML
File Date: Friday, July 27, 2012
Plaintiff: Sharon Chobat
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: Dale Earnhardt, Inc., Smyle Media Consulting, Teresa Earnhardt
Defendant Counsel: Wayne C. Turner, Nathan Lee Lundquist
Cause: Copyright Infringement, Breach of Contract, Tortious Interference with Contract, Unjust Enrichment, Conversion, Fraud, Indiana Crime Victims Act
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Jul 23 2012

Indiana Trademark Litigation Update – Hospitality International v. Indiana Hospitality Real Estate & Management

Plaintiff, Hospitality International Inc., offers franchise opportunities for hotel and motel owners. They own the rights to 5 brands, including Red Carpet Inn, Passport Inn, Master Hosts Inns, Downtowner Inns and the subject of this lawsuit, Scottish Inns. Defendant has allegedly been operating under the Scottish Inns brand without authorization since 2009. Defendant’s predecessor-in-interest had a license agreement (see below) but Defendant never entered into an agreement and allegedly owe back-royalties of around $29,000. After Defendant failed to timely respond to Plaintiff’s cease-and-desist letter (see below), this lawsuit was filed, claiming trademark infringement and unjust enrichment.

Stay tuned for updates.

Hospitality International Inc. v. Indiana Hospitality Real Estate & Management LLC

Court Case Number: 1:12-cv-00998-WTL-MJD
File Date: Thursday, July 19, 2012
Plaintiff: Hospitality International Inc.
Plaintiff Counsel: Michael R. Franceschini of Ayres Carr & Sullivan PC
Defendant: Indiana Hospitality Real Estate & Management LLC
Cause: Trademark Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Complaint:

License Agreement:

Cease & Desist Letter:

Jul 11 2012

Indiana Copyright Litigation Update – Keystone Builders Resource Group v. Kennis R. Went, Jr. et al

Architectural drawings are copyrightable. In this matter, Defendant has allegedly used Plaintiff’s architectural drawings without authorization. Note that the court’s scanned copy is missing Page 9 (and many of the pages are askew), so there’s a third claim I did not reference.

Let me know in the comments if you’re interested in updates to this case.

Keystone Builders Resource Group, Inc. et al v. Kennis R. Went, Jr. et al

Court Case Number: 1:12-cv-00939-SEB-DML
File Date: Tuesday, July 10, 2012
Plaintiff: Keystone Builders Resource Group, Inc., Lockridge Homes-Indianapolis, LLC
Plaintiff Counsel: Paul Joseph Carroll of Mercer Belanger
Defendant: Kennis R. Went, Jr., Jennifer S. Went, David Martin, Cassidy Martin, Dennis Vessels
Cause: Copyright Infringement, Misappropriation of Trade Secret, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Jun 24 2012

Indiana Trademark Litigation Update – Century 21 Real Estate v. Realty Group I

Century 21 Real Estate, LLC v. Realty Group I, LLC f/d/b/a Century 21 Realty Group I et al

Court Case Number:    1:12-cv-00862-WTL-DML
File Date:    Thursday, June 21, 2012
Plaintiff:     Century 21 Real Estate, LLC
Plaintiff Counsel:     Patrick F. Moran of Gordon & Rees LLP
Defendant:     Realty Group I, LLC f/d/b/a Century 21 Realty Group I, Realty Group McCoun/82nd Street, LLC f/d/b/a Century 21 Realty Group, Kevin Kirkpatrick, John Dick, Phillip McCoun
Cause:    Trademark Infringement, False Designation of Origin, False Advertising, Trademark Dilution, Common Law Unfair Competition, Breach of Contract, Audit Demand/Accounting, Unjust Enrichment
Court:    Southern District of Indiana
Judge:     Judge William T. Lawrence
Referred To: Magistrate Judge Debra McVicker Lynch

Jun 7 2012

Indiana Trademark Litigation Update – Angie’s List v. ServiceMagic

Indiana finally has its own keyword advertising case!

Local internet powerhouse Angie’s List accuses ServiceMagic of using the “Angie’s List” trademark as a keyword in some of its Google AdWords sponsored link advertisements. While several courts around the country have ruled on this issue, in Indiana it is still undetermined whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement.

For those unfamiliar with keyword advertising, see the image below. ServiceMagic pays Google to appear in the “Ads related to” box at the top of the search results for the term “Angie’s List,” directly below Angie’s List’s official site. Big companies hate this practice and small competitors love it. Google really loves it, because advertising is where Google gets a big chunk of their revenue. We’ll soon find out what the Southern District of Indiana, via Judge Sarah Evans Barker, thinks about it.

This is no David and Goliath story either. ServiceMagic’s parent company IAC owns many major web products, including Ask.com, Match.com and Vimeo.

Stay tuned for updates as the case proceeds.

Angie’s List Inc. v. Servicemagic Inc.

Court Case Number:    1:12-cv-00755-SEB-TAB
File Date:    Friday, June 01, 2012
Plaintiff:     Angie’s List Inc.
Plaintiff Counsel:     George A. Gasper, Michael A. Wukmer, Bradley M. Stohry of Ice Miller LLP
Defendant:     ServiceMagic Inc.
Cause:    Trademark Infringement, Unfair Competition, Trade Disparagement, Trademark Dilution, Common Law Unfair Competition, Unjust Enrichment, Request for Preliminary and Permanent Injunctive Relief
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Oct 12 2011

Indiana Copyright Litigation Update – Pamela Mougin v. French Lick Resorts and Casino

Pamela Mougin v. French Lick Resorts and Casino LLC et al

Court Case Number: 1:11-cv-01367-TWP-MJD
File Date: Tuesday, October 11, 2011
Plaintiff: Pamela Mougin
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: French Lick Resorts and Casino LLC, Worth Group, John Does 1-10
Cause: Copyright Infringement, Violation of Visual Artists Rights, Breach of Contract, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore

Amended Complaint:

 

Stipulated Order of Dismissal: