The Defendant in this copyright infringement lawsuit is alleged to have used Plaintiff’s photograph of “a leaf in water” without authorization. The Plaintiff is a German professional photographer and the Defendant is a corporation based in Elkhart, Indiana.
Stay tuned for updates.
Steeger v. Good Living Enterprises Inc.
Court Case Number: 3:19-cv-00877-PPS-MGG File Date: October 5, 2019 Plaintiff: Paul Steiger Plaintiff Counsel: Richard P. Liebowitz of Liebowitz Law Firm, PLLC Defendant: Good Living Enterprises Inc. Cause: Copyright Infringement Court: Northern District of Indiana Judge: Philip P. Simon Referred To: Michael G. Gotsch, Sr.
An interesting right of publicity case involving the estate of the late extreme-sports athlete Dean Potter has been filed in the Southern District of Indiana. Mr. Potter’s estate is suing LG Electronics for unauthorized use of Mr. Potter’s likeness and appearance. In a commercial titled Listen. Think. Answer., LG uses footage from the movie Moonwalk, in which Mr. Potter traverses a highline tied to Cathedral Peak in Yosemite National Park as the full moon rises in the background, to advertise the LG OLED TV with AI.
LG claims to have obtained a license to use the Moonwalk footage from Moonwalk’s director, Mikey Schaefer. However, the Complaint (below) asserts that Mr. Potter had signed a release for still photographs only, not video footage. Potter’s estate also maintains that Mr. Schaefer was not able to authorize licenses or sublicenses, meaning Schaefer could exploit the Moonwalk footage himself but not authorize third-party exploitation such as the LG commercial.
“Because Mr. Potter never consented to Mr. Schaefer’s trading in the invaluable equity of Mr. Potter’s likeness in Moonwalk, and/or his reputation as a highlining pioneer, to shill television sets, Mr. Schaefer could not license to Defendants Mr. Potter’s rights, including, inter alia, Potter’s publicity and common law trademark rights.”
This should be an interesting case to follow. Stay tuned for updates. RIP Dean Potter.
“Defendant’s advertisement of a product that enables a sedentary lifestyle, wherein material demands can be met without moving from the couch in the confines of one’s living room, is antithetical to what Mr. Potter stood for in life: an appreciation of the splendor of the outdoors and a celebration of the freedom to forge one’s own path in uncharted terrain.”
Dean Potter LLC v. LG Electronics USA, Inc.
Court Case Number: 1:19-cv-04085-JPH-TAB File Date: Tuesday, October 1, 2019 Plaintiff: Dean Potter LLC Plaintiff Counsel: John Tehranian, Jenny S. Kim of ONE LLP Defendant: LG Electronics USA, Inc. Cause: Infringement of Right of Publicity, False Association, False Endorsement, Common Law Unfair Competition, Unjust Enrichment, Conversion, Deception, Violation of Indiana Crime Victims’ Act Court: Southern District of Indiana Judge: James Patrick Hanlon Referred To: Tim A. Baker
The Answer is the standard cut-and-paste “Defendants lack knowledge or information sufficient to form a belief as to the truth of the allegations,” with just a few admissions to factual information.
The Affirmative Defenses, starting on Page 25, challenge the Plaintiff’s rights in the GREAT WESTERN TRAIL trademark.
Stay tuned for updates.
Indie Game Studios, LLC v. Plan B Games, Inc et al.
Court Case Number: 1:19-cv-1492-SEB-MJD File Date: Monday, April 15, 2019 Plaintiff: Indie Game Studios, LLC d/b/a Stronghold Games LLC Plaintiff Counsel: Patrick J. Olmstead, Jr., John Bradshaw Defendant: Plan B Games, Inc., Plan B Games Europe GMBH Defendant Counsel: Burton S. Ehrlich of Ladas & Parry LLP, Darlene Seymour Cause: Federal Unfair Competition, False Designation of Origin, Indiana Trademark Infringement, Common Law Unfair Competition, Conspiracy Court: Southern District of Indiana Judge: Sarah Evans Barker Referred To: Mark J. Dinsmore
Three Floyds Brewing is one of Indiana’s longest operating breweries, selling nationally-recognized delicious beers under the trademark THREE FLOYDS since 1996.
In 2018, the defendant Floyd’s Spiked Beverages began selling Spiked Lemonade and Spiked Ice Tea under the FLOYD’S trademark. The Defendants’ apparently lower quality beverages are sold within 20 miles of the Three Floyds brewery in Munster, Indiana. The Defendants also sell their product via a website at DrinkFloyds.com.
Three Floyds is already opposing one of Floyd’s trademark applications that claims “Alcoholic beverages, except beer.” The USPTO has refused Floyd’s other trademark application for “Beer-based coolers” based on a likelihood of confusion with Three Floyds’ registered trademarks.
The Complaint (below) spotlights several poor consumer reviews of the Defendants’ spiked beverages, but doesn’t mention any instances of actual consumer confusion.
Stay tuned for updates.
Three Floyds Brewing LLC v. Floyd’s Spiked Beverages LLC et al.
Court Case Number: 2:19-cv-00363 File Date: Wednesday, September 25, 2019 Plaintiff: Three Floyds Brewing LLC Plaintiff Counsel: Glenn A. Rice, Esq., Carter S. Plotkin, Esq. of Funkhouser Vegosen Liebman & Dunn Ltd. Defendant: Floyd’s Spiked Beverages LLC, Lawrence Trachtenbroit
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition Court: Northern District of Indiana Judge: TBD
In this copyright lawsuit from the Northern District of Indiana, a custom airbrushing company is suing a graphic design company for unauthorized use of two designs.
The Plaintiff’s designs are applied to boats, recreational vehicles, airplanes, automobiles, and helicopters.
Defendant is alleged to have applied the infringing designs on boats and motors for sale to a customer.
The Art of Design, Inc. v. Sharpline Converting, Inc.
Court Case Number: 3:19-cv-00702-JD-MGG File Date: Friday, August 30, 2019 Plaintiff: The Art of Design, Inc. Plaintiff Counsel: John D. LaDue, Sean J. Quinn of SouthBank Legal: LaDue | Curran | Kuehn Defendant: Sharpline Converting, Inc.
Cause: Copyright Infringement, Inducing Copyright Infringement Court: Northern District of Indiana Judge: Jon E. DeGuilio Referred To: Michael G. Gotsch, Sr.
