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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Northern District of Indiana

Indiana Copyright Litigation Update – Countryman Nevada v. Does 1-16

27 Monday Jan 2014

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

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Tags

BitTorrent, Copyright Infringement, Litigation Update, Paul J. Nicoletti, Robert L. Miller, Roger B. Cosbey

They’re back! Just when you thought the BitTorrent download cases had stopped in Indiana, Nicoletti is back with a new lawsuit involving “Charlie Countryman,” a film starring Shia LaBeouf, Rupert Grint and Evan Rachel Wood. The film was released November 15, 2013 in the United States to largely negative reviews. Having failed at the box office, the producers have apparently turned to lawyers to recoup some of their costs from the 16 Hoosiers unlucky enough to have (allegedly) downloaded the film.

Countryman Nevada LLC v. Does 1-16

Court Case Number: 1:14-cv-00019-RLM-RBC
File Date: Friday, January 24, 2014
Plaintiff: Countryman Nevada LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: Does 1-16
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Roger B. Cosbey

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Indiana Copyright Litigation Update – National Photo Group v. Federated Media et al

30 Monday Dec 2013

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

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Attorney Fees and Costs, Celebrity Photography, Christopher A. Nuechterlein, Contributory Copyright Infringement, Copyright Infringement, Inducement of Copyright Infringement, Injunction, Litigation Update, Philip P. Simon, Vicarious Copyright Infringement

This litigation involves the unauthorized use of celebrity photographs on a Fort Wayne country radio station’s website.

K105 Pictures

The lawsuit should serve as a reminder/warning to everyone operating a commercial website to only use photographs that:

  1. You own; or
  2. You have permission to use; or
  3. Are in the public domain.

This means going back through old pages and posts and removing/replacing unauthorized images. Failure to do this can result in expensive copyright litigation. If you have any questions about the photographs on your site, err on the side of caution and remove them until you’re able to properly determine ownership.

National Photo Group LLC v. Federated Media Inc. et al

Court Case Number: 3:13-cv-01405-PPS-CAN
File Date: Thursday, December 26, 2013
Plaintiff: National Photo Group LLC
Plaintiff Counsel: Craig B. Sanders of Sanders Law PLLC
Defendant: Federated Media Inc., WQHK-FM
Cause: Direct Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement, Inducement of Copyright Infringement, Injunction, Attorney Fees and Costs
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein

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Indiana Copyright Litigation Update – TCYK LLC v. Does 1-19

14 Saturday Sep 2013

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

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Copyright Infringement, Litigation Update, Paul R. Cherry, Robert L. Miller

This is the first download case in Indiana in a few months.  It involves the movie The Company You Keep, starring Robert Redford, Susan Sarandon, Shia LaBeouf and Nick Nolte. There’s a different plaintiff and attorney than the Malibu Media cases.

TCYK LLC v. Does 1-19

Court Case Number: 2:13-cv-00320-RLM-PRC
File Date: Wednesday, September 11, 2013
Plaintiff: TCYK LLC
Plaintiff Counsel: Keith A. Vogt of Takiguchi & Vogt
Defendant: Does 1-19
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Paul R. Cherry

View this document on Scribd

More Indiana Download Cases

Indiana Trademark Litigation Update – 80/20 Inc v. John Doe

08 Sunday Sep 2013

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

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Litigation Update, Passing Off, Roger B. Cosbey, Roger L. Miller, Trademark Infringement

Plaintiff, 80/20 Inc. of Columbia City, Indiana, is a leading manufacturer of T-slotted extrusion products (see image) and accessories. Defendant “TNutz” is allegedly representing through its eBay store that numerous products being offered for sale are 80/20 products when they are not. After TNutz failed to respond to several communication attempts, Plaintiff brought this lawsuit.

Stay tuned for updates.

80/20 Inc v. John Doe

Court Case Number: 1:13-cv-00262-RLM-RBC
File Date: Friday, September 06, 2013
Plaintiff: 80/20 Inc
Plaintiff Counsel: D Randall Brown of Barnes & Thornburg LLP
Defendant: John Doe
Cause: Trademark Infringement, Passing Off
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr
Referred To: Magistrate Judge Roger B. Cosbey

View this document on Scribd

Indiana Trademark Litigation Update – North American Van Lines v. North American Master Lines

05 Monday Aug 2013

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

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Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Cybersquatting, False Designation of Origin, John E. Martin, Litigation Update, Philip P. Simon, Trademark Infringement, Unfair Competition

North American Van Lines Inc. v. North American Master Lines Inc.

Court Case Number: 3:13-cv-00792-PPS-JEM
File Date: Friday, August 02, 2013
Plaintiff: North American Van Lines Inc.
Plaintiff Counsel: Edward A. Sullivan III, Daniel Tychonievich of Faegre Baker Daniels LLP
Defendant: North American Master Lines Inc.
Cause: Cybersquatting, Trademark Infringement, Unfair Competition, False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge John E. Martin

View this document on Scribd
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