Category Archives: Litigation

Indiana Trade Secret Litigation Update – Precision Drone v. Channel Masters

24 Tuesday Mar 2015

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

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Precision Drone, LLC designs and makes drones and software for use by farmers to monitor crops. According to the Complaint (see below), in September 2014, Precision made a deal with Channel Masters, LLC for Channel to purchase and resell the PaceSetter™ Drone in exchange for a commission on each drone and related parts sold. Precision gave Channel a demonstration drone and training manual and trained Channel’s agents on the use of the PaceSetter drone. As part of the Service Agreement, Channel agreed to not disclose confidential information and signed a non-compete. According to Precision’s complaint, Channel began working for AgriImage, a direct competitor in the agricultural drone market, and began promoting AgriImage drones instead of Precision drones.

At the Nebraska Power Farming Show in December 2014, Precision saw Channel’s agent, Tom Owen, using Precision images, training manual, and sales pitch to resell AgriImage drones. A picture of Mr. Owen using an image and “working the AgriImage booth” is Exhibit C in the court documents embedded below. Then, the very next day after the Nebraska farm show, Channel sent Precision a letter attempting to terminate the Service Agreement without cause. Precision has responded by filing a lawsuit for Breach of Contract and Misappropriation of Trade Secrets.

Precision Drone LLC v. Channel Masters LLC

Court Case Number: 1:15-cv-00476-LJM-TAB
File Date: Monday, March 23, 2015
Plaintiff: Precision Drone LLC
Plaintiff Counsel: John Stephen Terry, Russell B. Cate, and William Edwin Wendling, Jr., of Campbell Kyle Proffitt, LLP
Defendant: Channel Masters LLC
Cause: Breach of Contract, Misappropriation of Trade Secrets
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – Agdia Inc. v. Jun Qiang Xia et al

17 Tuesday Feb 2015

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

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Jun Q. Xia was employed by Agdia until 2001. After leaving the company, Xia allegedly violated the terms of a non-competition agreement. The ensuing lawsuit was resolved by a permanent injunction order in 2002. Later, Xia formed AC Diagnostics, which directly competes with Agdia. The AC Diagnostics website, acdiainc.com, is only one letter different than Agdia Inc and Xia allegedly covertly embedded the Agdia name into the website so that it was searchable without being visible.

Agdia Incorporated v. Jun Qiang Xia and AC Diagnostics, Inc.

Court Case Number: 3:15-cv-00075
File Date: Monday, February 16, 2015
Plaintiff: Agdia Incorporated
Plaintiff Counsel: James M. Lewis, Michael J. Hays of Tuesley Hall Konopa LLP
Defendant: Jun Qiang Xia, AC Diagnostics, Inc.
Cause: Trademark Infringement, False Designation of Origin and False Advertising, CyberPiracy, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Magistrate Judge: Christopher A. Nuechterlein

Indiana Trade Dress Litigation Update – Archetype Ltd. v. LTD Commodities LLC

08 Sunday Feb 2015

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

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This trade dress lawsuit involves battery-operated motion detecting lighting. Defendant has allegedly “willfully and deliberately pulled a ‘bait and switch’ on consumers by advertising [Plaintiff’s] high-end […] product and then shipping a low-end inferior lighting to consumers.” Plaintiff is located in New Jersey and Defendant is located in Illinois…jurisdiction purportedly arises from Defendant’s sales to Indiana consumers.

Archetype Ltd. v. LTD Commodities LLC

Court Case Number: 1:15-cv-00106-RLY-DKL
File Date: Monday, January 26, 2015
Plaintiff: Archetype Ltd.
Plaintiff Counsel: Dean E. McConnell of McConnell Intellectual Property Law
Defendant: LTD Commodities LLC
Cause: Trade Dress Infringement, False Designation of Origin or Sponsorship and Passing Off, False Advertising, Trade Dress Dilution
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Denise K. LaRue

Complaint:

Concert Photographer Files 4 More Copyright Lawsuits over Violation of Creative Commons License

05 Wednesday Nov 2014

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

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Philpot returns. Plaintiff is a concert photographer who posted photographs to Wikimedia under a Creative Commons Attribution 2.0 Generic license. The defendants have all allegedly used Plaintiff’s photograph(s) on their respective websites without giving proper credit to Plaintiff. Plaintiff is representing himself in these lawsuits and has filed similar complaints previously (Related Cases).

Larry G. Philpot v. Catholic Family Center
Court Case Number: 1:14-cv-01788-TWP-DML
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Catholic Family Center
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Larry G. Philpot v. WKMS/Murray State University
Court Case Number: 1:14-cv-01789-SEB-DML
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: WKMS/Murray State University
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Larry G. Philpot v. 420 Magazine, Inc.
Court Case Number: 1:14-cv-01790-RLY-MJD
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: 420 Magazine, Inc.
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

Larry G. Philpot v. WUIS/University of Illinois, Springfield
Court Case Number: 1:14-cv-01791-TWP-TAB
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: WUIS/University of Illinois, Springfield
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

Representative Complaint:

Indiana Copyright Litigation Update – Lake Lite v. Universal Forest Products et al

27 Monday Oct 2014

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

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This lawsuit arises from Defendants’ alleged infringement of copyrights and patents, as well as unauthorized use and misappropriation of Plaintiff’s trade secrets.

Lake Lite Inc. v. Universal Forest Products, Inc. et al

Court Case Number: 1:14-cv-00337
File Date: Friday, October 24, 2014
Plaintiff: Lake Lite Inc.
Plaintiff Counsel: Michael S. McIntyre
Defendant: Universal Forest Products, Inc., Universal Consumer Products, Inc., Maine Ornamental, LLC
Cause: Copyright Infringement, Patent Infringement, Breach of Contract, Breach of Implied Duty of Good Faith and Fair Dealing, Violation of Indiana Uniform Trade Secret Act, Unjust Enrichment
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Roger B. Cosbey

Complaint: