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

28 Saturday Jul 2012

Posted by Kenan Farrell in Intellectual Property

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Breach of Contract, Conversion, Copyright Infringement, Dale Earnhardt, Debra McVicker Lynch, Fraud, Indiana Crime Victims' Act, Southern District of Indiana, Tanya Walton Pratt, Theodore J. Minch, Tortious Interference with Contract, Unjust Enrichment

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

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Indiana Trademark Litigation Update – J Squared Inc. v. K2 Designs LLC

27 Friday Jul 2012

Posted by Kenan Farrell in Indiana, Litigation, Southern District of Indiana, Trademark

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Common Law Trademark Infringement, Common Law Unfair Competition, Jane Magnus-Stinson, Jonathan G. Polak, Southern District of Indiana, Tim A. Baker, Trademark Infringement, Unfair Competition

J Squared Inc. v. K2 Designs LLC

Court Case Number: 1:12-cv-01034-JMS-TAB
File Date: Thursday, July 26, 2012
Plaintiff: J Squared Inc.
Plaintiff Counsel: Jonathan G. Polak of Taft Stettinius & Hollister LLP
Defendant: K2 Designs LLC
Cause: Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

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

23 Monday Jul 2012

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

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Litigation Update, Mark J. Dinsmore, Trademark Infringement, Unjust Enrichment, William T. Lawrence

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