Category Archives: Indiana

Indiana Copyright Litigation Update – Masterfile Corporation v. Mark Stein

30 Friday Jul 2010

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

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Masterfile Corporation v. Mark Stein

Plaintiff is a stock photography company which acquires and licenses images for commercial use. Defendant allegedly displayed Plaintiff’s images on his website without compensating Masterfile. Defendant was given an opportunity to enter into a retroactive licensing agreement but refused.

Court Case Number: 1:10-cv-00961-SEB-TAB
File Date: Thursday, July 29, 2010
Plaintiff: Masterfile Corporation
Plaintiff Counsel: Aaron M. Staser of Barnes & Thornburg LLP
Defendant: Mark Stein
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – 1A Smart Start v. Indiana Safe Start

25 Sunday Jul 2010

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

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1A Smart Start Inc. v. Indiana Safe Start Inc.

Good ol’ fashion trademark brawl over in the “electronic breath activated ignition lock for automobiles” industry. In one corner, Smart Start. In the other corner, Safe Start. There is apparently evidence of actual consumer confusion.

Leave a comment if you’d like a full copy of the complaint.

Court Case Number: 3:10-cv-00292-TLS-CAN
File Date: Friday, July 16, 2010
Plaintiff: 1A Smart Start Inc.
Plaintiff Counsel: Gerald W. Roberts of Thompson & Knight LLP, Remy Davis
Defendant: Indiana Safe Start Inc., Thomas Bjornstad
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, False Designation of Origin, Unfair Competition
Court: Northern District of Indiana
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Christopher A. Nuechterlein

INDATA Project to Host Assistive Tech Conference

24 Saturday Jul 2010

Posted by in Indiana, Indianapolis, Intellectual Property, Social Media, Tech Developments

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The INDATA Project will host the 2010 Annual Assistive Technology Conference on Thursday, July 29, and Friday, July 30, from 8 a.m. – 5 p.m. at the Indiana Convention Center in Indianapolis. It will provide a comprehensive overview of devices and programs available to assist Hoosiers with disabilities. Admission to the event is free, but registration is required.

The third annual gathering hosted by INDATA, entitled “Express Yourself,” will feature more than 30 hours of educational sessions by leading professionals in assistive technology, covering everything from Twitter and web accessibility to technology for seniors and electronic aids for daily living. More than 50 assistive technology exhibitors will be on-hand to demonstrate equipment and answer questions.

Register online here: http://indataconference.eventbrite.com/

Indiana, IBM fight over $9M in equipment

23 Friday Jul 2010

Posted by in Indiana, Tech Developments

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IBM has sent a letter to Indiana Attorney General Greg Zoeller, demanding the return of more than $9 million in computers, printers, telephones and other equipment.

IBM and the state have sued each other over the the cancellation of a contract for the modernization of the state’s welfare delivery system.

Gov. Mitch Daniels canceled the state’s $1.37 billion contract last year following months of problems and complaints about the automated intake system.

IBM is not disputing the state’s right to cancel the contract, but is arguing in court that the state should pay for the equipment.

See Indy.com for the full story.

Indiana Trademark Litigation Update – Brian Andr’e Warren v. Xlibris Corporation

23 Friday Jul 2010

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

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Brian Andr’e Warren v. Xlibris Corporation

A prisoner sought to proceed pro se in a copyright action but couldn’t pay his filing fees. The prisoner attempted to proceed in forma pauperis, but was denied by the Court.  Apparently, the plaintiff had brought over three bad lawsuits in the past and thus lost his entitlement to proceed in forma pauperis. This action was filed on July 6 and closed on July 16 without prejudice.

“In forma pauperis” refers to a motion filed by a low-income person in order to proceed in court without having to pay court costs, usually filing fees. It doesn’t usually cover other costs, such as those involved in discovery (depositions, witness fees, court reporters, etc.) and service of process.

Here’s the language of the Court’s Order on Motion for Leave to Proceed in forma pauperis:

The plaintiff’s complaint in this action is accompanied by his request to proceed in forma pauperis. The plaintiff has acquired three or more “strikes” through having litigation to which he was a party in a federal court dismissed for failure to state a claim upon which relief could be granted or as frivolous. Therefore, he is not entitled to proceed in forma pauperis, unless the exception under 28 U.S.C. § 1915(g), that he “is under imminent danger of serious physical injury,” applies. Those circumstances are not presented by this complaint based on copyright infringement.

The circumstances of this case trigger the rule of Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999), which states:

An effort to bamboozle the court by seeking permission to proceed in forma pauperis after a federal judge has held that §1915(g) applies to a particular litigant will lead to immediate termination of the suit.

Accordingly, the plaintiff’s application to proceed in forma pauperis is denied and this action is dismissed without prejudice.

For a full copy of the Complaint or Order, please leave a comment.

Court Case Number: 1:10-cv-00885-WTL -TAB
File Date: Tuesday, July 06, 2010
Plaintiff: Brian Andr’e Warren
Plaintiff Counsel: Brian Andr’e Warren – Pro Se
Defendant: Xlibris Corporation
Cause: Trademark Infringement (Lanham Act)
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker