Author Archives: Kenan Farrell

Indiana Copyright Litigation Update – Stephane Dion v. Allwin Powersports Corp.

08 Tuesday Feb 2011

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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Stephane Dion et al v. Allwin Powersports Corporation, Inc. et al

Conventions don’t just bring tourists. They bring lawsuits too!

Dion, a Canadian motorcycle helmet designer, is suing an Illinois corporation whose principal is a Chinese national…in the Southern District of Indiana. What brings this illustrious crowd to our fair Hoosier Halls of Justice? It’s all because of the upcoming Dealer Expo 11.

Plaintiff has filed a Motion for Preliminary Injunction (see below) to stop Defendant from selling allegedly infringing motorcycle helmets at the upcoming Powersports tradeshow from Feb. 18-20 in Indianapolis.

The two parties had previously operated under a royalty agreement but Defendant apparently stopped making payments in 2010.

There should be some fairly quick updates in this case so check back soon.

Court Case Number: 1:11-cv-00173-RLY-TAB
File Date: Friday, February 04, 2011
Plaintiff: Stephane Dion, 91934885 Quebec Inc. dba Dion Designs
Plaintiff Counsel: Joseph Peter Rompala, Todd Arthur Richardson of Lewis & Kappes
Defendant: Allwin Powersports Corporation, Inc.
Arthur Liao
MHR Helmet Co. Ltd.
Foshan Shunde Fengxing Helmets Ltd.
Jiangmen Pengcheng Helmets Ltd.
Cause: Violation of Lanham Act, Copyright Infringement, Misappropriation of Trade Secrets, Breach of Contract, Conversion, Unfair Competition, Declaratory Relief
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

COMPLAINT:

MOTION FOR PRELIMINARY INJUNCTION:

BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION:

Indiana Trademark Litigation Update – Noble Roman’s Inc. v. Brabham Oil Company

06 Sunday Feb 2011

Posted by in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trademark

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Noble Roman’s Inc. v. Brabham Oil Company et al

Noble Roman’s has filed yet another trademark lawsuit (the 18th since 2007) to enforce the terms of an expired franchise agreement. The Indiana-based pizza chain alleges that the South Carolina-based gas station chain formerly operated seven Noble Roman’s franchise locations and continued to use Noble Roman’s trade dress after the franchise agreements terminated.

Court Case Number: 1:11-cv-00135-SEB-DML
File Date: Thursday, January 27, 2011
Plaintiff: Noble Roman’s Inc.
Plaintiff Counsel: Marisol Sanchez of Bose McKinney & Evans, LLP
Defendant: Brabham Oil Company, Brabham Oil Company dba E-Z SHOP
Cause: Lanham Act Trade Dress Infringement, Common Law Trade Dress Infringement, Federal Unfair Competition, Breach of Contract
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

The Intersections of Technology – TechPoint Event 2/4/11

24 Monday Jan 2011

Posted by in Intellectual Property

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Come join expert panelists as they share insights on the intersections of technology and technology where you least expect it.

Speakers:

  • Steve Mannheimer, Professor of Media Arts and Science, IUPUI School of Informatics
  • Robert J. Stein, Deputy Director for Research, Technology and Engagement, Indianapolis Museum of Art

February 4, 2011

8:00 a.m. Registration and continental breakfast
8:30 – 9:30 a.m. Presentation

Click HERE to register.

There is no charge to attend, but please register.

Church and the Super Bowl

24 Monday Jan 2011

Posted by in Copyright, Entertainment Law, Intellectual Property, Trademark

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The last time Peyton Manning was leading the Indianapolis Colts on a championship run (it’s been awhile), the NFL clamped down on the ability to watch the big game in churches. The NFL sent letters to churches informing them that airing the game would be a violation of the NFL’s copyright and trademark rights. However, two years ago the NFL appeared to call a reverse and allowed viewing in churches under certain conditions.

So what’s the NFL’s policy this year? Since there’s been no indication to the contrary, it seems the NFL is sticking to the policy that churches can air the Super Bowl without violating copyright laws. So start planning those parties!

For those who don’t know, here’s How to Host a Church Super Bowl Party.

Indiana Trademark Litigation Update – Trustees of Purdue University v. Reinke Sports Group LLC et al

19 Wednesday Jan 2011

Posted by in Intellectual Property

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The Trustees of Purdue University v. Reinke Sports Group LLC et al

Purdue University, a world-renowned institution of higher learning, is located in West Lafayette, Tippecanoe County, Indiana. In late 2009, the Defendants announced their intention to hold a foot racing event called “Home of Purdue Half Marathon” in the Lafayette-West-Lafayette area. Purdue’s attorneys sent the standard cease-and-desist letters objecting to the use of the University’s trademarks. Nevertheless, Defendant continued to advertise the event as being connected to and affiliated with the University.  The event was run on Oct. 24, 2010 without permission from Purdue University.

This case was removed from Tippecanoe Circuit Court.

Court Case Number: 4:11-cv-00005-PPS -APR
File Date: Thursday, January 13, 2011
Plaintiff: Trustees of Purdue University
Plaintiff Counsel: William P. Kealey of Stuart & Branigin LLP
Defendant: Reinke Sports Group LLC, Dean Reinke, Allsportcentral.com Inc.
Defendant Counsel: Matthew S Tarkington and Peter S French of Lewis & Kappes PC
Cause: Declaratory and Injunctive Relief, Trademark Infringement, Common Law Trademark Infringement, False Designation of Origin, Dilution, Cyberpiracy under the Lanham Act, Unfair Competition by Passing Off
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Andrew P. Rodovich