Category Archives: Northern District of Indiana

Indiana Cybersquatting Litigation Update – Rieth-Riley Construction v. Superior Asphalt

13 Thursday Feb 2014

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

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Plaintiff and Defendant are competitors in the asphalt manufacturing, supplying, paving and maintenance business. Defendant purchased the domain name Rieth-Riley.net, which includes Plaintiff’s registered trademark, and used that domain name to direct traffic to their own website, SuperiorAsphalt.com. Defendant also offered to sell the domain name to Plaintiff for $10,000.

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Rieth-Riley Construction Co., Inc. v. Jeffrey Kresnak et al

Court Case Number: 3:14-cv-00280-RL-CAN
File Date: Wednesday, February 12, 2014
Plaintiff: Rieth-Riley Construction Co., Inc.
Plaintiff Counsel: D. Michael Anderson of Barnes & Thornburg LLP
Defendant: Jeffrey Kresnak, Superior Asphalt, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, Cyberpiracy
Court: Northern District of Indiana
Judge: Judge Rudy Lozano
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Al Reasonover v. Solarium

06 Thursday Feb 2014

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

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This is a trademark dispute over the mark “Tiki Tan” as used in connection with tanning salons. Both Plaintiff and Defendant are located in Indiana.

Al Reasonover v. Solarium LLC et al

Court Case Number: 3:14-cv-00235-PPS-CAN
File Date: Wednesday, February 05, 2014
Plaintiff: Al Reasonover
Plaintiff Counsel: Frank J. Agostino – Attorney at Law
Defendant: Solarium LLC, Solarium Bittersweet LLC
Cause: Trademark Infringement, Common Law Trademark Infringement, Injunctive Relief, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein

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

27 Monday Jan 2014

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

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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

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

30 Monday Dec 2013

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

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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

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

14 Saturday Sep 2013

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

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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

More Indiana Download Cases