Category Archives: Copyright

Mid-June 2022 Indiana Intellectual Property Litigation Update

15 Wednesday Jun 2022

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

≈ Leave a comment

Tags

, ,

While all eyes were on the Depp/Heard defamation litigation last month, it was a quiet but interesting month in Indiana Intellectual Property litigation. Amazon and the Ligonier, Indiana-based perfumery have now fully briefed Amazon’s Motion to Dismiss. RE/MAX also seeks to dismiss its Defendants’ counterclaims. YouTuber Omi in a Hellcat is claiming lack of personal jurisdiction and improper venue, although he needed to quickly amend (i.e. increase) their Indiana sales statistics via Declaration after filing a Motion to Dismiss.

Which Indiana intellectual property lawsuits are you following most closely?

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – No update this month.

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – No update this month.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The parties’ discovery deadlines were extended to June 17, 2022.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – On June 13, 2022, the Defendant was ordered to pay the Plaintiffs $10,020.50 in attorney’s fees and costs.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – On May 27, 2022, the Plaintiffs filed their Reply Brief in support of their Motion to Dismiss Defendants’ Counterclaims.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – No update this month.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month. The parties have until July 1, 2022 to file dismissal documents.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – No update this month.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – No update this month.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The Plaintiffs filed their Response to the Defendants’ Motion to Dismiss on May 20, 2022. Amazon filed its Reply Brief on May 27, 2022. On June 8, 2022, the Plaintiffs filed a Response to the Motion to Transfer Case.

Reid v. Stephenson (SD, filed 1/27/2022) – No update this month.

Autoniq, LLC v. Laser Appraiser, LLC (SD, filed 2/21/2022) – The lawsuit was dismissed on May 26, 2022.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – The parties held a telephonic status conferences on June 13, 2022. A status report regarding settlement must be filed by July 15, 2022.

The American Automobile Association, Inc. v. All American Auto Hail Dent Repair LLC d/b/a AAA Hail Repair et al. (SD, filed 3/23/2022) – No update this month.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – The Defendants filed a Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue. Shortly thereafter, a Declaration was filed by Defendants correcting the data in the Motion re: Indiana sales.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On June 2, 2022, the Plaintiff’s Motion for Default Judgment was denied because the Plaintiff has not yet obtained a Clerk’s entry of default against Defendants.

Broadcast Music, Inc. et al. v. Warehouse L.L.C. d/b/a The Verve et al. (SD, filed 4/6/2022) – The lawsuit was dismissed with prejudice and without costs on June 2, 2022.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On June 14, 2022, Defendants Havel and Weaver each filed a Motion for Extension of Time to File Answer.

May 2022 Updates

April 2022 Updates

March 2022 Updates

February 2022 Updates

January 2022 Updates

December 2021 Updates

Indiana Lawsuit filed over Intellectual Property of Heaven’s Gate Mass Suicide Group

23 Monday May 2022

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trademark

≈ Leave a comment

Tags

, , ,

The Plaintiff in this lawsuit is The Evolutionary Level Above Human, Inc., a for-profit foundation claiming to own all physical property and intellectual property of the Heaven’s Gate religious group, which committed the largest mass suicide in U.S. history in 1997. Among the claimed intellectual property are copyrights in audio cassettes, audiovisual works, fabric designs, lithographic prints, and literary works, as well as various trademark registrations for HEAVEN’S GATE.

The Defendants, three individuals, are accused of publicly sharing copies of the audio tapes and video tapes on a free online file sharing and storage site called “4Shared.com.” Per the Complaint (below), Defendant Havel anticipated being sued for sharing the works, posting the following comment on his website:

“So just weeks ago, [a third party] who I had been in contact with on and off for years sent me the digitized audios, all in .mp3 format and I quickly sent them to [Defendant Bartel] and someone else who I know I can trust to be sure to upload them to the internet in mulitple [sic] places so that even if [the Foundation] somehow sue us it will be far too late to keep them from being available to those who want to listen to them.”

The Defendants subsequently provided live streamed discussions advising others how to obtain copies of the allegedly infringed works. Numerous works were live-streamed on YouTube. T-shirts bearing the Plaintiff’s registered trademarks has been advertised by the Defendants. The Complaint alleges further actions taken by the Defendants to prevent the Plaintiff from enforcing its copyrights.

Having anticipated a lawsuit, presumably the Defendants have some type of solid defense ready to go. I expect fair use arguments (criticism, commentary, news reporting, teaching), and probably some challenges to the foundation’s ownership of the claimed intellectual property. But t-shirt sales don’t usually go hand-in-hand with valid fair uses so we’ll just wait for the Defendants’ Answer for more clarification of their goals in sharing the works.

The Evolutionary Level Above Human, Inc. d/b/a/ The Telah Foundation v. Havel et al.

Case Number: 3:22-cv-00395-JD-MGG
File Date: May 18, 2022
Plaintiff: The Evolutionary Level Above Human, Inc. d/b/a The Telah Foundation
Plaintiff Counsel: Isaac S. Crum of Messner Reeves LLP
Defendant: Steven Robert Havel, Cathy JoAnn Weaver, Jason Bartel
Cause: Federal Copyright Infringement, Contributory Copyright Infringement, Conspiracy, Federal Trademark Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Michael G. Gotsch, Sr.

Complaint:

Mid-May 2022 Indiana Intellectual Property Litigation Update

16 Monday May 2022

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

≈ Leave a comment

Tags

No new trademark or copyright lawsuits were filed in Indiana in the last 30 days. Several lawsuits were dismissed. All in all, a quiet month and we’ll look forward to more activity as we move into the summer.

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – No update this month.

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – The parties have jointly stipulated to extend the deadlines in their Scheduling Order.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – On May 16, 2022, the parties filed a joint motion to extend discovery deadlines.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – On May 12, 2022, Noble Roman’s filed a Statement of Claims and Defenses.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – The lawsuit was dismissed on May 3, 2022.

Poulsen Roser A/S v. Gardens Alive, Inc. et al. (SD, filed 7/14/2021) – The lawsuit was dismissed on April 15, 2022.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – A Motion for Attorney’s Fees was filed.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – The parties have extended discovery deadlines.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – A Stipulated Protective Order was granted on April 19, 2022.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month. 

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – A Settlement Conference is scheduled for June 30, 2022.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – On May 12, 2022, the Plaintiff filed a Motion for Entry of Default.

Corson v. Vive Exterior Design, LLC et al. (SD, filed 1/17/2022) – The lawsuit was dismissed on April 12, 2022.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The Plaintiff filed an Amended Complaint on April 25, 2022. Amazon filed a new Motion to Dismiss on April 29, 2022.

Reid v. Stephenson (SD, filed 1/27/2022) – No update this month.

Autoniq, LLC v. Laser Appraiser, LLC (SD, filed 2/21/2022) – No update this month.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – A Pretrial Conference was held on May 9, 2022, with future dates set for 2023.

The American Automobile Association, Inc. v. All American Auto Hail Dent Repair LLC d/b/a AAA Hail Repair et al. (SD, filed 3/23/2022) – Steven D. Groth has entered an appearance on behalf of the Defendants.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – A Pretrial Conference is scheduled for June 23, 2022. Robert R. Axenfeld has entered an appearance on behalf of the Defendants.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – The Plaintiff filed a Motion for Default Judgment on May 9, 2022.

Broadcast Music, Inc. et al. v. Warehouse L.L.C. d/b/a The Verve et al. (SD, filed 4/6/2022) – The Defendants filed an Answer on April 18, 2022.

April 2022 Updates

March 2022 Updates

February 2022 Updates

January 2022 Updates

December 2021 Updates

Mid-April 2022 Indiana Intellectual Property Litigation Update

15 Friday Apr 2022

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

≈ Leave a comment

Several new interesting lawsuits were filed since mid-March, so we’ll look forward to watching those develop over the next few months. In existing lawsuits, RE/MAX and Amazon have filed Motions to Dismiss, while Think Global have filed their Answer to Microsoft’s allegations of running a phony tech support scheme. The Amazon Brief is an interesting read considering the extensive litigation history between the parties.

What case are you watching most closely?

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – No update this month.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – No update this month. 

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – No update this month.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – A Case Management Plan was approved on March 21, 2022. No other updates.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – The parties have been ordered to file dismissal papers by May 2, 2022.

Poulsen Roser A/S v. Gardens Alive, Inc. et al. (SD, filed 7/14/2021) – A Stipulation of Dismissal was filed on April 11, 2022.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – No update this month. The Plaintiff is still seeking to enforce the default judgment from September 2021.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – On April 1, 2022, RE/MAX filed a Motion to Dismiss Defendants’ Counterclaims. The parties jointly extended discovery deadlines.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – No update this month.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The Defendants’ Preliminary Exhibit List was filed on March 25, 2022. No other updates.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – The Complaint was served on March 9, 2022. No other updates.

Corson v. Vive Exterior Design, LLC et al. (SD, filed 1/17/2022) – A Notice of Voluntary Dismissal was filed on April 12, 2022.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – Amazon filed a Motion to Dismiss on April 4, 2022. The Brief in Support (below) highlights five reasons why the Complaint fails to state a claim. The Answer also informs in a footnote that this is the third lawsuit filed by Plaintiffs against Amazon and that Amazon will separately move to transfer venue to the Southern District of Indiana. The parties held a pretrial conference on April 12, 2022, whereby discovery has been stayed pending the ruling on the Motion to Dismiss.

Reid v. Stephenson (SD, filed 1/27/2022) – No update this month.

Autoniq, LLC v. Laser Appraiser, LLC (SD, filed 2/21/2022) – No update this month.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – The Defendants filed an Answer (all general denials) on March 22, 2022. The Defendants’ counsel is Michele S. Katz of ADVITAM IP, LLC, via pro hac vice, with local counsel of Alice M. Morical and Christopher D. Wagner of Hoover Hull Turner LLP.

The American Automobile Association, Inc. v. All American Auto Hail Dent Repair LLC d/b/a AAA Hail Repair et al. (SD, filed 3/23/2022) – The Defendants were served with the Complaint on April 8, 2022.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – No update yet.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – No update yet.

Broadcast Music, Inc. et al. v. Warehouse L.L.C. d/b/a The Verve et al. (SD, filed 4/6/2022) – No update yet.

March 2022 Updates

February 2022 Updates

January 2022 Updates

December 2021 Updates

BMI sues Terre Haute Bar for Copyright Infringement

07 Thursday Apr 2022

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

≈ Leave a comment

Tags

, ,

It has been awhile since BMI last filed an infringement lawsuit in Indiana. Their target this time around is The Verve, a music club and cocktail bar in Terre Haute, Indiana.

BMI allegedly reached out to the Defendants over sixty (60) times since March 2018 in an attempt to sell her the required public performance license. Accordingly, BMI now brings a lawsuit with 6 claims of copyright infringement based on the following playlist being performed at The Verve without a license on April 29, 2019:

These BMI lawsuits never end well for the venue, so hopefully a federal lawsuit will finally get the Defendants’ attention and an appropriate license can be purchased to resolve the conflict.

Stay tuned for updates.

Broadcast Music, Inc. et al. v. Warehouse L.L.C. d/b/a The Verve et al.

Case Number: 2:22-cv-00136-JPH-DLP
File Date: Wednesday, April 6, 2022
Plaintiff: Broadcast Music, Inc.; Peermusic III Ltd.; Universal- Songs of Polygram International, Inc.; Songs of Universal, Inc.; EMI Consortium Songs, Inc. d/b/a EMI Longitude Music; Fourteenth Hour Music Inc.; Springtime Music, Inc.; EMI Blackwood Music, Inc.; Sony/ATV Songs LLC; Fall Out Boy Inc. d/b/a Chicago X Softcore Songs
Plaintiff Counsel: April A. Wimberg of Dentons Bingham Greenebaum
Defendant: Warehouse L.L.C. d/b/a The Verve, Connie Wrin
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Doris L. Pryor

Complaint: