Category Archives: Litigation

Indiana Trademark Litigation Update – Trans-United Inc. v. Trans-United Inc.

27 Friday Aug 2010

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

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Trans-United Inc. v. Trans-United Inc et al

A nice straightforward trademark case. Plaintiff has provided trucking and shipping services under the TRANS-UNITED mark since 1964. Defendant allegedly began using an identical mark for similar services in 2008. Attempts to settle were unsuccessful and thus here’s the lawsuit.

Leave a comment for a copy of the full complaint.

Court Case Number: 2:10-cv-00327-JD -APR
File Date: Monday, August 16, 2010
Plaintiff: Trans-United Inc.
Plaintiff Counsel: Jeremy J. Butler of Burke Costanze & Cuppy LLP
Thomas P. Riley of McCracken & Frank LLP
Jon A. Schmaltz of Burke Costanze & Cuppy LLP
Defendant: Trans-United Inc
Igor Redkin
Vladimir Masnev
Oleg Merkulov
Russell McNevin
John Doe 1
John Doe 2
John Doe 3
Cause: Federal Trademark Infringement, False Designation of Origin, Violation of the Anti-Cybersquatting Consumer Protection Act, Unfair Competition
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Andrew P. Rodovich

Indiana Copyright Litigation Update – Masterfile Corporation v. Kemp Title Agency

15 Sunday Aug 2010

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

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Indiana Copyright Litigation Update – Masterfile Corporation v. Kemp Title Agency

Masterfile strikes again.

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

Update 1/6/11 – The parties have reached a settlement and filed a Stipulation of Dismissal (see below). The terms of the settlement are not public but each side has paid its own legal fees.

Related Case: Masterfile Corporation v. Mark Stein

Court Case Number: 1:10-cv-00997-JMS-TAB
File Date: Monday, August 09, 2010
Plaintiff: Masterfile Corporation
Plaintiff Counsel: Aaron M. Staser of Barnes & Thornburg LLP
Defendant: Kemp Title Agency, LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

Complaint:

Stipulation of Dismissal:

Indiana Intellectual Property Litigation Update – July 2010

31 Saturday Jul 2010

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

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The following Intellectual Property cases were filed in July 2010. Stay tuned for updates.

Northern District of Indiana

1A Smart Start v. Indiana Safe Start

Sweetwater Sound v. J2 Electronics Group

Southern District of Indiana

Brandt Industries v. Pitonyak Machinery Corporation

Brian Andr’e Warren v. Xlibris Corporation

Interactive Intelligence v. Advanced Information Systems

Masterfile Corporation v. Mark Stein

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