Author Archives: Kenan Farrell

Indiana Trademark Litigation Update – Roche Diagnostics GmbH v. Polymer Technology Systems

14 Monday Apr 2014

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

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Plaintiff, based in Indianapolis, Indiana, has used the ACCU-CHEK trademark in connection with medical instruments and apparatus related to blood-glucose monitoring and diabetes management and education since as early as 1981. In March 2014, Defendant changed its company name to CHEK Diagnostics and began to promote a line of diabetes care products. Plaintiff maintains that the CHEK mark is confusingly similar to its ACCU-CHEK trademarks.

Roche Diagnostics GmbH et al v. Polymer Technology Systems Inc.

Court Case Number: 1:14-cv-00552-JMS-DKL
File Date: Thursday, April 10, 2014
Plaintiff: Roche Diagnostics GmbH, Roche Diagnostics Operations Inc.
Plaintiff Counsel: Jonathan P. Froemel, John R. Maley of Barnes & Thornburg LLP
Defendant: Polymer Technology Systems Inc.
Cause: Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Declaratory Judgment
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Indiana Copyright Litigation Update – Richard N. Bell v. Diversified Vehicle Services et al

08 Tuesday Apr 2014

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

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INDY SKYLINEThe Plaintiff in this copyright lawsuit is an attorney and professional photographer living in McCordsville, Indiana. In 2000, Plaintiff took two photographs of the downtown Indianapolis skyline from a location on the Canal near the USS Indianapolis Memorial. Both of Plaintiff’s photographs were duly registered with the U.S. Copyright Office and posted on the Internet in August 2000. All of the various defendants have allegedly utilized Plaintiff’s photographs on their respective websites without permission.

Website owners, you should immediately check your websites to determine whether you know the source of EVERY photograph. Unless you’re certain that you have permission to use the photographs (or qualify for some exception to copyright infringement like fair use), remove/replace the photographs at once. These photograph copyright lawsuits have been occurring for far too long to continue to plead ignorance or innocent infringement. Take your own photographs, hire a photographer or license existing photographs. But don’t get caught in a lawsuit because you take the easy way out and grab an image from Google.

Whatever you do, definitely don’t use Plaintiff’s photographs…he has a long history of litigation to enforce his copyrights:

Richard N. Bell v. Mark Arruda

Bell v. Indy Cleaning Pros

Richard N. Bell v. Greg Bayers LLC et al.

Richard N. Bell v. Jerry Gordon et al.

Richard Bell v. Cameron Taylor et al.

Richard N. Bell v. Diversified Vehicle Services et al

Court Case Number: 1:14-cv-00525
File Date: Monday, April 07, 2014
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell – Pro Se
Defendant: Diversified Vehicle Services, Cameron Taylor, Taylor Computer Solutions, Rhonda Williams, Forensic Solutions Inc., Heath Garrett, Crestacom Inc., American Traveler Service Corp. LLC, Mike Cowper, Rensselaer Polytechnic Institute, Easystreet Realty Indianapolis, Drohan Management, Metal Markets, Mattison Corporation, Industrial Heating Equipment Association, Junk Dawgs, Kimberly Hinds
Cause: Copyright Infringement, Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

Indiana Trademark Litigation Update – Order Inn v. Ton Ganser et al

06 Sunday Apr 2014

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

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Since as early as 2000, Plaintiff has used its registered ORDER INN trademark in connection with “On-line ordering services in the field of restaurant takeout and delivery.” Defendant has begun providing similar services at the http://www.order-in.biz domain. Plaintiff seeks an injunction and damages as a result of the allegedly infringing activity.

Order Inn Screenshot

Order Inn, Inc. v. Ton Ganser et al

Court Case Number: 1:14-cv-00517-TWP-DKL
File Date: Friday, April 04, 2014
Plaintiff: Order Inn, Inc.
Plaintiff Counsel: Ryan Gile of Weide & Miller Ltd.
Defendant: Ton Ganser, TJ Enterprises of Indiana LLC, Does 1-10
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Indiana Trademark Litigation Update – Noble Roman’s v. Sahara Sam’s Indoor Water Park

03 Thursday Apr 2014

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

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Noble Roman’s Inc. v. Sahara Sam’s Indoor Water Park, LLC

Court Case Number: 1:14-cv-00500-SEB-MJD
File Date: Tuesday, April 01, 2014
Plaintiff: Noble Roman’s Inc.
Plaintiff Counsel: Steven K. Huffer of S.K. Huffer & Associates PC
Defendant: Sahara Sam’s Indoor Water Park, LLC
Cause: Trademark Infringement, Breach of Contract, Fraud, Injunctive Relief
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

 

Indiana Trademark Litigation Update – Darryl D. Agler v. Westheimer Corporation

28 Friday Mar 2014

Posted by in Intellectual Property

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Alleged Infringing Product - Exhibit F to Complaint

Alleged Infringing Product – Exhibit F to Complaint

Plaintiff is a custom guitar-maker from Fort Wayne, Indiana. He has sold his high-quality guitars under the registered STRATOTONE trademark since 2007.

Plaintiff’s high-end guitars are “painstakingly hand-crafted from the wood of a customer’s choosing and features vintage hardware and pick-ups.” They generally retail for above $1,250. Defendant has allegedly flooded the market with lower quality, cheaper (between $200-400) guitars that bear the STRATOTONE Mark. Plaintiff discovered the infringing products at a NAMM show in 2010, where he confronted Defendant’s personnel.

Defendant, based in Illinois, attempted to file its own trademark application for STRATOTONE in December 2012 but was rejected based on Plaintiff’s registration. In response, Defendant has attempted to cancel Plaintiff’s registration and Plaintiff has brought this lawsuit.

Darryl D. Agler v. Westheimer Corporation

Court Case Number: 1:14-cv-00099
File Date: Thursday, March 27, 2014
Plaintiff: Darryl D. Agler
Plaintiff Counsel: Louis T. Perry, Amie P. Carter of Faegre Baker Daniels LLP
Defendant: Westheimer Corporation
Cause: Federal Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Trademark Counterfeiting, Common Law Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment, Conversion, Deception, Indiana Crime Victim’s Relief Act
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Roger B. Cosbey