Indiana Copyright Litigation Update – Union Hospital v. Attachmate Corporation

Plaintiff has been licensing software from Defendant for about 16 years. In response to claims by Defendant that Plaintiff has exceeded the terms of the license (and a corresponding demand for $2 million in compensatory fees/damages), Plaintiff brings this action for declaratory judgment of non-infringement.

Union Hospital, Inc. v. Attachmate Corporation

Court Case Number: 2:14-cv-00045-JMS-WGH
File Date: Wednesday, February 19, 2014
Plaintiff: Union Hospital, Inc.
Plaintiff Counsel: Stephen E. Reynolds, Michael A. Wukmer of Ice Miller LLP
Defendant: Attachmate Corporation
Cause: Declaratory Judgment on Copyright Infringement Claims, Declaratory Judgment on Copyright Infringement Claims for Unregistered Copyrights, Declaratory Judgment on Breach of Contract Claims
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Trademark Litigation Update – Windstream Technologies v. Rambo, LLC

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Here’s yet another tale of a dealer relationship gone bad. Plaintiff, a California company operating in North Vernon, Indiana, is a wind turbine manufacturer.  Defendant Rambo, LLC, located in Madison, Indiana, was contracted to provide component parts and act as an authorized dealer of Plaintiff’s products in certain territories.

See the Complaint below for the Plaintiff’s version of how things went wrong. Hopefully for the rest of us these parties can sort their differences soon and get back to providing more wind energy for Indiana.

Stay tuned for updates.

Windstream Technologies, Inc. v. Rambo, LLC et al

Court Case Number: 4:13-cv-00180-SEB-WGH
File Date: Tuesday, November 05, 2013
Plaintiff: Windstream Technologies, Inc.
Plaintiff Counsel: Matthew Wilder Lorch of Lorch Law Office, LLC
Defendant: Rambo, LLC, Rambo Montrow Corporation, Rick Keebler, Does 1 through 10
Cause: Federal Unfair Competition, Passing Off, Trademark Infringement, Breach of Contract, Interference with Contract and Prospective Economic Advantage
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr.

 

Indiana Copyright Litigation Update – Microsoft Corporation v. Mister HardDrive

Defendants are alleged to have advertised, marketed, installed, offered and distributed unauthorized copies of Microsoft software after Microsoft warned them of the consequences, infringing Microsoft’s copyrights and trademarks.

Microsoft Corporation v. Mister HardDrive et al

Court Case Number: 4:13-cv-00079-TWP-WGH
File Date: Thursday, June 06, 2013
Plaintiff: Microsoft Corporation
Plaintiff Counsel: James Dimos of Frost Brown Todd LLC
Defendant: Mister Harddrive, Mister HardDrive Wipe and Restore, Mark Cady
Cause: Copyright Infringement, Trademark Infringement, False Designation of Origin, False Description and Representation, Common Law Unfair Competition, For Imposition of a Constructive Trust Upon Illegal Profits, Accounting
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge William G. Hussmann, Jr

Indiana Trademark Litigation Update – XP Innovation v. Ian Smith

This appears to be Indiana’s first “Sponsored” ad case. Anyone who uses Facebook has seen the “Sponsored” ads on the right side of their screen. Those ads are one of the primary ways that Facebook makes money. Similar to the “keyword advertising” cases revolving around Google’s keyword searches, it now appears the time has come to litigate over what constitutes an acceptable use of someone else’s trademark in one of Facebook’s sponsored ads.

Quick summary of the facts:

1. Defendant ran the following Sponsored ad on Facebook:

Dans Comp Ad

2. Clicking the link takes users to a separate website where they complete a survey and enter their name, email and phone number in hopes of winning a free Dan’s Comp bicycle. Due to the prominent use of the Dan’s Comp logo, that website appears to be affiliated with Dan’s Comp (although it is not).

3. Nobody ever wins a bicycle.

4. Dan’s Comp’s reputation is damaged and the consuming public is potentially harmed.

Stay tuned for updates.

XP Innovation LLC v. Ian Smith

Court Case Number: 3:13-cv-00106-RLY-WGH
File Date: Friday, April 12, 2013
Plaintiff: XP Innovation LLC
Plaintiff Counsel: Amie P. Carter, Louis T. Perry of Baker & Daniels
Defendant: Ian Smith
Cause: Trademark Infringement, Unfair Competition and False Designation of Origin, False Advertising, Common Law Unfair Competition and Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Copyright Litigation Update – BMI v. Southside II

Broadcast Music Inc. et al v. Southside II Inc. et al

Court Case Number: 3:13-cv-00019-RLY-WGH
File Date: Tuesday, February 05, 2013
Plaintiff: Broadcast Music Inc.Paul Simon MusicConcord Music Group, EMI Unart Catalog Inc., Cyanide Publishing, Sony/ATV Songs LLCSongs of Universal Inc., Escatawpa Songs, Buffalo Prairie Songs, Showbilly Music, EMI Blackwood Music Inc., Jackaboy Songs
Plaintiff Counsel:
Defendant: Southside II Inc., Mary Miller, Todd Miller, Amanda Miller
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr

Indiana Trademark Litigation Update – Pocket City Construction & Development Company v. Rick Sepulveda

Pocket City Construction & Development Company, Inc. v. Rick Sepulveda et al

Court Case Number: 3:12-cv-00119-RLY-WGH
File Date: Friday, August 10, 2012
Plaintiff: Pocket City Construction & Development Company, Inc.
Plaintiff Counsel: Gary K. Price of Terrell Baugh Salmon & Born, LLP
Defendant: Rick Sepulveda, Dr. Roof, Inc., Josh McIntyre
Cause: Trademark Infringement, Unfair Competition, Trademark Deceptive Consumer Sales Activities, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr

Indiana Trademark Litigation Update – Cosmetic Warriors, Ltd. v. Shannon Bartnick

Cosmetic Warriors, Ltd. v. Shannon Bartnick et al

Court Case Number:    3:12-cv-00035-RLY-WGH
File Date:    Tuesday, March 20, 2012
Plaintiff:     Cosmetic Warriors, Ltd.
Plaintiff Counsel:     William A. McKenna of Woodhard, Emhardt, Moriarity, McNett & Henry, LLP
Defendant:     Shannon Bartnick, Chris Bartnick, John and Jane Does 1-15
Cause:    Federal Trademark Infringement, Federal Unfair Competition, Trademark Deceptive Consumer Sales Activities under Ind. Code 24-5-0.5-1, Common Law Unfair Competition
Court:    Southern District of Indiana
Judge:     Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr

 

Indiana Copyright Litigation Update – Boy Racer v. Does 1-23

Boy Racer, Inc. v. Does 1-23

Raphael Whitford of Steele Hanselmeier is filing this complaint on behalf of adult film company, Boy Racer, Inc.  The defendants are alleged to have downloaded and shared the film L.A. Pink via the 
bittorrent file sharing method.  Defendants are listed as John Does as they are currently only known by their IP address.  These types of suits are becoming common as lawyers begin to troll peer-to-peer file services, collecting IP addresses.  These suits are filed (and often dismissed) so the lawyers can send out hundreds or thousands of settlement letters like this one.  More information on this type of lawsuit can be found here.  Whitford filed an identical complaint (with only a change of plaintiff and defendant IP addresses) on the same day for another adult film company.

Court Case Number: 4:11-cv-00070-SEB-WGH
File Date: Tuesday, June 14, 2011
Plaintiff: Boy Racer, Inc.
Plaintiff Counsel: Raphael J. Whitford of Steele Hanselmeier PLLC
Defendant: Does 1-23
Cause: Copyright Infringement, Civil Conspiracy
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr

Indiana Trademark Litigation Update – Scores Holding Company v. Scores

Scores Holding Company, Inc. v. Scores, Inc.

Plaintiff operates a chain of “high end sophisticated gentleman clubs” under the SCORES trademark in cities across the U.S., including New York, New Orleans, Chicago and Baltimore. Defendant operates a similar establishment called Scores! in Evansville, Indiana. Defendant’s establishment allegedly offers lower quality services and is often the scene of disreputable actions and events.

Court Case Number: 3:11-cv-00053-RLY-WGH
File Date: Tuesday, April 12, 2011
Plaintiff: Scores Holding Company, Inc.
Plaintiff Counsel: Ettore Victor Indiano of Indiano Vaughan Roberts & Filomena, LLP, Stephen Milo Terrell of Terrell Law Office
Defendant: Scores, Inc.
Cause: Trademark Infringement, False Designations of Origin and False Descriptions, Trademark Dilution, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr

Indiana Trademark Litigation Update – The American Automobile Association v. AAA Affordable Insurance

The American Automobile Association, Inc. v. AAA Affordable Insurance LLC et al

Court Case Number: 4:11-cv-00030-SEB-WGH
File Date: Monday, March 14, 2011
Plaintiff: The American Automobile Association, Inc.
Plaintiff Counsel: David O. Tittle, Kenneth J. Munson of Bingham McHale LLP
Defendant: AAA Affordable Insurance LLC, Kenneth Calkins
Cause: Federal Trademark Infringement, False Designation of Origin and Unfair Competition, Trademark Dilution, Trademark Cyberpiracy,
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr.