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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 – CP Productions v. John Doe

14 Thursday Jun 2012

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

≈ 11 Comments

Tags

BitTorrent, Civil Conspiracy, Contributory Infringement, Copyright Infringement, CP Productions v. John Doe, Debra McVicker Lynch, Jane Magnus-Stinson, Litigation Update

Just weeks after getting its own keyword advertising case, Indiana now has its very own BitTorrent download case. The Plaintiff, CP Productions, is an Arizona-based adult entertainment company and the file allegedly downloaded is “GH Hustlers – Maryjane’s Second Visit.” The Defendant, currently unidentified, is described as a “serial infringer of copyrights in adult content.” Besides a copyright claim, the Plaintiff also makes claims of Civil Conspiracy and Contributory Infringement and provides a list of 448 IP addresses alleged to have participated in a BitTorrent swarm with the named Defendant. If you’re a BitTorrent user, you’ll want to check the list (see Exhibit A below) and see if your IP address appears. If so, you could soon be a part of this lawsuit. That doesn’t mean it’s time to worry but you will want to begin to educate yourself on the case.

I’ll be following this lawsuit closely and will provide updates as it proceeds. If you’re interested in reading more now, check out DieTrollDie, an informative blog discussing this type of download case. Similar cases are going on all over the country with mixed results. Judge Magnus-Stinson is a no-nonsense judge, so it will be interesting to see whether this case can find any traction in her courtroom.

CP Productions, Inc. v. John Doe

Court Case Number:    1:12-cv-00808-JMS-DML
File Date:    Tuesday, June 12, 2012
Plaintiff:     CP Productions, Inc.
Plaintiff Counsel:     Matthew Edward Dumas of Hostetter & O’Hara
Defendant:     John Doe
Cause:    Copyright Infringement, Civil Conspiracy, Contributory Infringement
Court:    Southern District of Indiana
Judge:     Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

Complaint:

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Exhibit A – IP Addresses of “Civil Conspirators”

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Indiana Trademark Litigation Update – Angie’s List v. ServiceMagic

07 Thursday Jun 2012

Posted by Kenan Farrell in Bloggers, Branding, Indiana, Indianapolis, Intellectual Property, Litigation, Social Media, Southern District of Indiana, Tech Developments, Trademark

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Angie's List, Common Law Unfair Competition, Keyword Advertising, Litigation Update, Request for Preliminary and Permanent Injunctive Relief, Sarah Evans Barker, Tim A. Baker, Trade Disparagement, Trademark Dilution, Trademark Infringement, Unfair Competition, Unjust Enrichment

Indiana finally has its own keyword advertising case!

Local internet powerhouse Angie’s List accuses ServiceMagic of using the “Angie’s List” trademark as a keyword in some of its Google AdWords sponsored link advertisements. While several courts around the country have ruled on this issue, in Indiana it is still undetermined whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement.

For those unfamiliar with keyword advertising, see the image below. ServiceMagic pays Google to appear in the “Ads related to” box at the top of the search results for the term “Angie’s List,” directly below Angie’s List’s official site. Big companies hate this practice and small competitors love it. Google really loves it, because advertising is where Google gets a big chunk of their revenue. We’ll soon find out what the Southern District of Indiana, via Judge Sarah Evans Barker, thinks about it.

This is no David and Goliath story either. ServiceMagic’s parent company IAC owns many major web products, including Ask.com, Match.com and Vimeo.

Stay tuned for updates as the case proceeds.

Angie’s List Inc. v. Servicemagic Inc.

Court Case Number:    1:12-cv-00755-SEB-TAB
File Date:    Friday, June 01, 2012
Plaintiff:     Angie’s List Inc.
Plaintiff Counsel:     George A. Gasper, Michael A. Wukmer, Bradley M. Stohry of Ice Miller LLP
Defendant:     ServiceMagic Inc.
Cause:    Trademark Infringement, Unfair Competition, Trade Disparagement, Trademark Dilution, Common Law Unfair Competition, Unjust Enrichment, Request for Preliminary and Permanent Injunctive Relief
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

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Stories from the Week that Was – 5/27/12-6/2/12

03 Sunday Jun 2012

Posted by Kenan Farrell in Bloggers, Branding, Copyright, Litigation, Social Media, Stories from the Week that Was, Tech Developments

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Cookies, DHS, FTC, Google, MySpace, NLRB

China tightens grip on social media with new rules

TV Networks Say You’re Breaking The Law When You Skip Commercials

Germany sets new solar power record, institute says

Got Compliance? The EU Cookie Law & What You Need to Do

Google Applies for More than 50 New Domains Including .LOL and .YouTube

Target on your cyber back: DHS has a list of words deemed ‘suspicious’

Man sues to have ‘Google’ declared a generic word

Privacy practices: how the FTC MySpace settlement affects your business

2012 Logo Trends

Google Obliges Website Copyright Takedown Requests 97% of the Time

NLRB Issues Third Social Media Report

From David Elliott’s Complaint for Cancellation of Trademark and Declaratory Relief:

“3. The term “GOOGLE” is, or has become, a generic term universally used to describe the action of internet searching with any search engine, which cannot serve as a trademark to the exclusion of others.”

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Indiana Trade Dress Litigation Update – Mortar Net USA v. Hohmann & Barnard

30 Wednesday May 2012

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

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Andrew P. Rodovich, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trade Dress Infringement, Federal Trademark Infringement, Federal Unfair Competition, Litigation Update, Theresa L. Springmann, Trademark Infringement

Mortar Net USA Ltd. v. Hohmann & Barnard Inc.

Court Case Number:    2:12-cv-00215-TLS-APR
File Date:    Friday, May 25, 2012
Plaintiff:     Mortar Net USA Ltd.
Plaintiff Counsel:     Daniel W. Glavin of O’Neill McFadden & Willett LLP
Defendant:     Hohmann & Barnard Inc.
Cause:    Federal Trade Dress Infringement, Federal Trademark Infringement, Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
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 – APP Press, LLC v. Apress Media, LLC

25 Friday May 2012

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

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Debra McVicker Lynch, declaratory Judgment of Non-Infringement, Sarah Evans Barker

APP Press, LLC v. Apress Media, LLC

Court Case Number:    1:12-cv-00718-SEB-DML
File Date:    Thursday, May 24, 2012
Plaintiff:     APP Press, LLC
Plaintiff Counsel:     Jacob R. Cox of Cox Law Firm
Defendant:     Apress Media, LLC
Cause:    Declaratory Judgment of Non-Infringement
Court:    Indiana Southern District Court
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

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