Category Archives: Indiana

Indiana Trademark Litigation Update – Zimmer v. Ari Kresch

17 Thursday Feb 2011

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

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Zimmer Inc v. Ari Kresch et al

Court Case Number: 3:11-cv-00063-WCL -CAN

File Date: Wednesday, February 16, 2011

Plaintiff: Zimmer Inc
Plaintiff Counsel: Abigail M Butler, Angela K Hall, April Edwards Sellers, Joseph H Yeager, Jr., Kyle B Osting of Baker & Daniels
Defendant: Ari Kresch, Kresch/Oliver PLLC, Pulaski & Middleman LLC, Weller Green Toups & Terrell LLP, Kresch Legal Services PLC
Cause: Defamation, Tortious Interference with Business Relationships, False Advertising and Unfair Competition, Product Disparagement and Unfair Competition Under Common Law, Cybersquatting, Trademark Infringement, Unfair Competition and False Designation of Origin, Unfair Competition and Trademark Infringement Under Common Law
Court: Northern District of Indiana
Judge: Judge William C Lee
Referred To: Magistrate Judge Christopher A Nuechterlein

Indiana Trademark Litigation Upate – White Lodging v. Mazer-Marino

11 Friday Feb 2011

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

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White Lodging Services Corporation v. Jil Mazer-Marino et al

Court Case Number: 1:11-cv-00208-SEB-DML
File Date: Thursday, February 10, 2011
Plaintiff: White Lodging Services Corporation                                                                                                                     
Plaintiff Counsel: Paul B. Overhauser of Overhauser & Lindman LLC
Defendant: Jil Mazer-Marino, Leroy Adventures, Inc.
Cause: Declaratory Judgment of Non-Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

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

Indiana Copyright Litigation Update – Truth Publishing Company Inc. v. Kristopher C. Campbell

17 Monday Jan 2011

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

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Truth Publishing Company Inc. v. Kristopher C. Campbell

Plaintiff operates a daily newspaper called THE ELKHART TRUTH in Elkhart, Indiana. Defendant publishes a periodical called I.C.U. (Indiana Criminals Uncovered) MUG SHOTS. I.C.U. MUG SHOTS apparently copies news stories relating to crime and arrests directly from Plaintiff’s paper and sells the reprints for $1.50 a copy in Elkhart.

I can see why The Elkhart Truth would get tired of sending out its reporters to dig up info only to have another local paper photocopy their stories and republish. But, on some levels, isn’t Defendant doing a public service by helping spread information about criminals? Defendant certainly considered the copyright issues, as he included the following disclaimer:

“The information provided by Indiana Criminal Uncovered (ICU) Mugshots is of public record in accordance with Indiana Code 5-14-3-5. The information relates only to arrest, bookings, and preliminary charges. It does not address guilty pleas, convictions, or criminal sentences. All persons in this publication are innocent until provent guilty”

Whether the disclaimer can protect him will be determined by this lawsuit.

Defendant is running the old-school equivalent of a criminal law blog, which of course requires a little money for printing and distribution. Defendant is correct that mug shots and arrest records are public information. However, it appeared that Defendant copied the articles directly and distributed the reprints in the same geographic market, Elkhart.

While it’s likely that some people may not buy the Truth if they can get crime news from Defendant, there is apparently a wholly separate market of people who want crime stories but not the rest of the news content contained in a regular issue of the Truth. If so, Defendant may be able to continue to serve this audience, but will probably want to do more of his own fact-finding and reporting.

Court Case Number: 3:11-cv-00017-JD-CAN
File Date: Thursday, January 13, 2011
Plaintiff: Truth Publishing Company Inc.
Plaintiff Counsel: Steven M. Badger of Bose McKinney & Evans LLP
Defendant: Kristopher C. Campbell
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein