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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Litigation

Indiana Trademark Litigation Update – XP Innovation v. Ian Smith

13 Saturday Apr 2013

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

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Common Law Trademark Infringement, Common Law Unfair Competition, False Advertising, False Designation of Origin, Litigation Update, Richard L. Young, Trademark Infringement, Unfair Competition, William G. Hussmann

This appears to be Indiana’s first “Sponsored” ad case. Anyone who uses Facebook has seen the “Sponsored” ads on the right side of their screen. Those ads are one of the primary ways that Facebook makes money. Similar to the “keyword advertising” cases revolving around Google’s keyword searches, it now appears the time has come to litigate over what constitutes an acceptable use of someone else’s trademark in one of Facebook’s sponsored ads.

Quick summary of the facts:

1. Defendant ran the following Sponsored ad on Facebook:

Dans Comp Ad

2. Clicking the link takes users to a separate website where they complete a survey and enter their name, email and phone number in hopes of winning a free Dan’s Comp bicycle. Due to the prominent use of the Dan’s Comp logo, that website appears to be affiliated with Dan’s Comp (although it is not).

3. Nobody ever wins a bicycle.

4. Dan’s Comp’s reputation is damaged and the consuming public is potentially harmed.

Stay tuned for updates.

XP Innovation LLC v. Ian Smith

Court Case Number: 3:13-cv-00106-RLY-WGH
File Date: Friday, April 12, 2013
Plaintiff: XP Innovation LLC
Plaintiff Counsel: Amie P. Carter, Louis T. Perry of Baker & Daniels
Defendant: Ian Smith
Cause: Trademark Infringement, Unfair Competition and False Designation of Origin, False Advertising, Common Law Unfair Competition and Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

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Indiana man ordered to pay over $150,000 in download case

09 Tuesday Apr 2013

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

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BitTorrent, CP Productions v. John Doe, Jane Magnus-Stinson

The first of the Indiana download cases has proceeded to a Final Judgment and the damage amount awarded by Judge Jane Magnus-Stinson won’t please the hundreds of other Indiana defendants still facing a default judgment. After he failed to present a defense to the illegal download of “Maryjane’s Second Visit”, a Default Judgment was entered against the Defendant. The damage award, which includes the maximum allowable copyright damages, tallied in at $151,425. No matter your view on pornography or copyright infringement, that’s a pretty steep fine for the digital equivalent of sneaking in the back door of a nudie show.

What do you think of the judgment? Did the Judge apply discretion in awarding the maximum amount? Either way, Judge Magnus-Stinson has now provided the other Indiana download defendants with an upper limit on how much they should spend on a defense.

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Indiana Trademark Litigation Update – Robert Payne v. Northern Tool & Equipment Company

28 Thursday Mar 2013

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

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Andrew P. Rodovich, Breach of Contract, False Advertising, False Description of Origin, Injunction, Jon E. DeGuilio, Litigation Update, Palming Off, Trademark Infringement, Unfair Competition

Robert Payne v. Northern Tool & Equipment Company Inc. et al

Court Case Number: 2:13-cv-00109-JD-APR
File Date: Wednesday, March 27, 2013
Plaintiff: Robert Payne
Plaintiff Counsel: Edward R. Hall of Law Office of Edward Hall
Defendant: Northern Tool & Equipment Company Inc., Northern Tool & Equipment Catalog Company
Cause: Trademark Infringement False Description of Origin, Palming Off and False Advertising; Unfair Competition by Infringement of Common Law Rights; Breach of Contract; Injunction
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Andrew P Rodovich

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Indiana Trademark Litigation Update – Robert Payne v. Bucket Solutions

28 Thursday Mar 2013

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

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Andrew P. Rodovich, False Advertising, False Description of Origin, Injunction Relief, Litigation Update, Palming Off, Theresa L. Springmann, Trademark Infringement, Unfair Competition

Robert Payne v. Bucket Solutions LLC

Court Case Number: 2:13-cv-00110-TLS-APR
File Date: Wednesday, March 27, 2013
Plaintiff: Robert Payne
Plaintiff Counsel: Edward R Hall of Law Office of Edward Hall
Defendant: Bucket Solutions LLC
Cause: Trademark Infringement False Description of Origin, Palming Off and False Advertising; Unfair Competition by Infringement of Common Law Rights; Injunction Relief
Court: Northern District of Indiana
Judge: Judge Theresa L Springmann
Referred To: Magistrate Judge Andrew P Rodovich

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Indiana Trademark Litigation Update – Royal Purple v. Liqui Moly GmbH

23 Saturday Mar 2013

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Debra McVicker Lynch, Dilution, False Designation of Origin, Litigation Update, Sarah Evans Barker, Trademark Infringement, Unfair Competition, Unjust Enrichment

Here’s an interesting case involving a color trademark. Plaintiff Royal Purple, based in Indianapolis, owns several trademark registrations for the color purple  in connection with high-performance lubricants. The Defendant, German-based Liqui Moly, is accused of selling lubricants with containers/packaging that is purple.

images

Royal Purple LLC v. Liqui Moly GmbH

Court Case Number: 1:13-cv-00492-SEB-DML
File Date: Friday, March 22, 2013
Plaintiff: Royal Purple LLC
Plaintiff Counsel: Deborah Pollack-Milgate, Olivia M. Fleming of Barnes & Thornburg LLP
Defendant: Liqui Moly GmbH
Cause: Trademark Infringement; Unfair Competition, False Designation of Origin; Dilution; Common Law Trademark Infringement; Common Law Unfair Competition; Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

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