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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Litigation

Indiana Copyright Litigation Update – Leeway Media Group v. Laurence Joachim

28 Tuesday May 2013

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

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Declaratory Judgment of No Copyright Infringement, Declaratory Judgment of No Standing, Declaratory Judgment of No Unfair Uncompetition, Declaratory Judgment of No Valid Copyright, Jane Magnus-Stinson, Litigation Update, Tim A. Baker

Check out Bruce Lee’s first Hollywood screen test from 1965. Approximately 91 seconds of the over eight minute long video was used in the documentary, I Am Bruce Lee, which aired on Spike TV in February 2012. That July, Laurence Joachim contacted Leeway (which represents the deceased kung-fu star’s interests) and claimed to own the copyright to the screen test. Leeway has received a 1974 copyright registration but no evidence to the chain of title between the filming (1965) and the registration (1974). Mr. Joachim’s counsel, apparently, announced intentions to proceed with litigation unless Leeway paid a six figure settlement. “The demands and threats… have created and actual justiciable claim or controversy such that declaratory relief represents the appropriate remedy.”

Leeway wants the Court to declare both that Mr. Joachim has no copyright in the screen test and that Leeway has not infringed on any of Mr. Joachim’s rights. Stay tuned for updates.

Leeway Media Group LLC v. Laurence Joachim et al

Court Case Number: 1:13-cv-00822-JMS-TAB
File Date: Monday, May 20, 2013
Plaintiff: Leeway Media Group LLC
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: Laurence Joachim, Trans-National Film Corporation
Cause: Declaration of No Valid Copyright, Declaration of No Standing, Declaration of No Copyright Infringement, Declaration of No Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

View this document on Scribd

Indiana Copyright Litigation Update – Malibu Media v. John Doe 12

23 Thursday May 2013

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

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BitTorrent, Copyright Infringement, Philip P. Simon, Roger B. Cosbey, Romantic Memories

Malibu Media LLC v. John Doe 12

Related Case: Malibu Media LLC v. John Does 1-14 (Romantic Memories)

Court Case Number: 1:13-cv-00166-PPS-RBC
File Date: Wednesday, May 22, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe 12
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

View this document on Scribd

Indiana Copyright Litigation Update – Malibu Media v. John Doe 5

23 Thursday May 2013

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

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BitTorrent, Copyright Infringement, Malibu Media, Philip P. Simon, Roger B. Cosbey, Romantic Memories

Malibu Media LLC v. John Doe 5

Related Case: Malibu Media LLC v. John Does 1-14 (Romantic Memories)

Court Case Number: 1:13-cv-00164-PPS-RBC
File Date: Wednesday, May 22, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe 5
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Robert J. Jonker
Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

View this document on Scribd

Indiana Copyright Litigation Update – Malibu Media LLC v. John Doe 9

23 Thursday May 2013

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

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Christopher A. Nuechterlein, Copyright Infringement, Litigation Update, Paul J. Nicoletti, Philip P. Simon, Robert L. Miller, Roger B. Cosbey, Romantic Memories

Malibu Media LLC v. John Doe 9

Related Case: Malibu Media LLC v. John Does 1-14 (Romantic Memories)

Court Case Number: 1:13-cv-00165-PPS-RBC
File Date: Wednesday, May 22, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe 9
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Roger B Cosbey

View this document on Scribd

Indiana Judge: Dark Knight Rises didn’t infringe on CLEAN SLATE trademark

20 Monday May 2013

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

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Batman, Christopher A. Nuechterlein, Common Law Unfair Competition, First Amendment, Litigation Update, Philip P. Simon, Reverse Confusion, Trademark Infringement, Unfair Competition

Judge Philip Simon has ruled that Warner Bros.’s “The Dark Knight Rises” did not infringe on the trademarked name of a computer security program, Clean Slate. As a brief recap, Plaintiff Fortres Grand, an Indiana corporation, has sold security software under the mark CLEAN SLATE since 2000. In Defendant Warner Bros’ latest Batman movie, The Dark Knight Rises, Batman promises to obtain a software program called “Clean Slate” that will erase a person’s criminal history from every computer database in the world. This apparently caused hundreds of internet references for the fictional movie software, to which Plaintiff objected, prompting the lawsuit.

Nevertheless, Judge Simon has found no trademark infringement, focusing his opinion (full Opinion and Order below) largely on the doctrine of “reverse confusion.” I’ve provided a few excerpts from the Opinion below but you’ll want to read the full text for the Court’s complete reverse confusion analysis. The Court also rules that Warner Bros.’s use of the term “Clean Slate” is protected by the First Amendment.

There’s an obvious problem with Fortres Grand’s argument that this is a worst-case scenario of reverse confusion: Warner Bros. “clean slate” software only exists in the fictional world of Gotham; it does not exist in reality. This may seem to be a small point, but it has big ramifications for the consumer confusion analysis, which become apparent once you realize the argument that Fortres Grand has not made – and cannot make.

Here, there is simply no plausible claim that consumers will make “mistaken purchasing decisions” about the “tangible product” being sold in the marketplace: no one looking for Fortres Grand’s software is likely to mistakenly buy a ticket to The Dark Knight Rises.

Opinion and Order:

View this document on Scribd

 

 

[View the original Complaint.]

Fortres Grand Corporation v. Warner Bros Entertainment Inc.

Court Case Number: 3:12-cv-00535-PPS-CAN
File Date: Wednesday, September 19, 2012
Plaintiff: Fortres Grand Corporation
Plaintiff Counsel: Christopher R. Putt of May Oberfell Lorber
Defendant: Warner Bros Entertainment Inc.
Cause: Trademark Infringement, Unfair Competition, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein

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