Category Archives: Intellectual Property

Indiana Copyright Litigation Update – Professional Transportation Inc. v. Robert E. Warmka

30 Wednesday Sep 2015

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

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This lawsuit, removed from Vanderburgh Superior Court to the Southern District of Indiana, involves a dispute over a “Driver’s Manual.” Defendant is alleged to have left the employ of Plaintiff and utilized portions of their proprietary driver’s manual with his new employer. Defendant removed the lawsuit to federal court.

Professional Transportation Inc. v. Robert E. Warmka

Court Case Number: 3:15-cv-00134-RLY-WGH
File Date: Monday, September 28, 2015
Plaintiff: Professional Transportation Inc.
Defendant: Robert E. Warmka
Cause: Indiana Trade Secret Violation, Unfair Competition, Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Notice of Removal:

Complaint:

Pro Se Plaintiff sues The Mind Trust, Indianapolis Public Schools for Copyright Infringement (Again)

14 Monday Sep 2015

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

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At its core, this is a copyright lawsuit involving educational “models.” However, this lawsuit is particularly interesting for several reasons. Here are a few:

  1. It’s a pro se plaintiff, hence a non-traditional intellectual property complaint. While only copyright claims seem at issue, the complaint was filed (again, by a pro se) as a 42 USC 1983 civil rights complaint.
  2. Several large, high-profile defendants. Which will take the lead? The complaint focuses on the “Bridges to Success Education School Model” and the “Phalen Leadership Academies Education School Model.”
  3. The copyright application (included in the complaint) was apparently also a pro se copyright application.
  4. Plaintiff has requested a Cease and Desist Order preventing several schools systems from using specific educational “Models” until the lawsuit is resolved.
  5. This is the first “intellectual property” lawsuit filed in the Northern District of Indiana since June 19. Welcome back!

For now, I’ll leave it to the Defendants’ lawyers to parse all the facts and allegations in the Complaint. Stay tuned for updates.

Angela E. Brooks-Ngwenya v. The Mind Trust et al

Court Case Number: 1:15-cv-00255-JD-SLC
File Date: Friday, September 11, 2015
Plaintiff: Angela E. Brooks-Ngwenya
Plaintiff Counsel: Angela E. Brooks-Ngwenya – Pro Se
Defendant: The Mind Trust, United Way of Central Indiana, Central Indiana Education Alliance, Phalen Leadership Academies, Indianapolis Public Schools
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Susan L. Collins

Complaint:

Prior Court of Appeals Decision:

Indiana Trademark Litigation Update – Baby Trend v. Phil and Teds Most Excellent Buggy Company

31 Monday Aug 2015

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

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Plaintiff Baby Trend has used the registered NAVIGATOR trademark in connection with strollers and related products for over fifteen years.

Defendant, a New Zealand limited company, is alleged to be selling a stroller under an identical trademark (see Complaint below for photographs). Plaintiff’s cease-and-desist communications to Defendant beginning in June 2015 have proven unsuccessful, hence this lawsuit.

Baby Trend Inc. v. Phil and Teds Most Excellent Buggy Company Ltd.

Court Case Number: 1:15-cv-01353-TWP-TAB
File Date: Wednesday, August 26, 2015
Plaintiff: Baby Trend Inc.
Plaintiff Counsel: R. Trevor Carter, Brad R. Maurer of Faegre Baker Daniels LLP
Defendant: Phil and Teds Most Excellent Buggy Company Ltd.
Cause: Federal Trademark Infringement, Federal Unfair Competition and False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – 7E Spa Licensing Group v. 7EFS of Wheatridge & 7EFS of Highlands Ranch

16 Thursday Jul 2015

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

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Here are two related cases (same Plaintiff) where licensing arrangements went bad:

7E Spa Licensing Group LLC et al v. Susan Dier et al

Court Case Number: 1:15-cv-01111-RLY-TAB
File Date: Wednesday, July 15, 2015
Plaintiff: 7E Spa Licensing Group LLC, 7E Holdings 1 LLC, 7E LLC
Defendant: Susan Dier, 7EFS of Wheatridge LLC, Spectrum Medspa
Cause: Trademark Infringement, Unfair Competition, Indiana Crime Victims Act, Breach of Licensing Agreement, Breach of Operating Agreement, Breach of Equipment Lease, Tortious Interference, Breach of Fiduciary Duties
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

7E Spa Licensing Group LLC et al v. 7EFS of Highlands Ranch LLC et al

Court Case Number: 1:15-cv-01109-TWP-TAB
File Date: Wednesday, July 15, 2015
Plaintiff: 7E Spa Licensing Group LLC, 7E Holdings 1 LLC, 7E LLC
Defendant: 7EFS of Highlands Ranch LLC, Spectrum Medspa, Gordon Smith, Jane Smith
Cause: Trademark Infringement, Unfair Competition, Indiana Crime Victims Act, Breach of Licensing Agreement, Breach of Operating Agreement, Breach of Equipment Lease, Tortious Interference, Breach of Fiduciary Duties
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

Richard Bell Files Two More Copyright Complaints

03 Friday Jul 2015

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

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Richard Bell has added two more cases to his docket (prior cases here, here, here, here, here, here, and here).

Richard N. Bell v. American Dream Coalition et al

Court Case Number: 1:15-cv-01014-LJM-MJD
File Date: Saturday, June 27, 2015
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: American Dream Coalition, Thoreau Institute
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Mark J. Dinsmore

*Dismissed August 4, 2015*

Richard N. Bell v. Randolph Ventures LLC

Court Case Number: 1:15-cv-01037-SEB-TAB
File Date: Thursday, July 02, 2015
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Randolph Ventures LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

*Dismissed January 7, 2016*