Category Archives: Northern District of Indiana

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

30 Wednesday May 2012

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

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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

Why Is a Patent Troll in Luxembourg Suing U.S. Public Transit Agencies?

29 Sunday Apr 2012

Posted by in Indiana, Litigation, Northern District of Indiana, Patent

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An intriguing story of patent litigation and “patent trolls” featuring a Lafayette law firm, Dowell Baker.

“Dowell Baker, a law firm specializing in patent litigation in Lafayette, Indiana, finds companies to target in a couple different ways. The firm’s client, ArrivalStar, holds 34 U.S. patents, all related to the idea of tracking a vehicle in motion and then alerting people, through some communications device, of when it may arrive or whether it’s running late. As you might imagine, many entities – airlines, school buses, freight-tracking services, package-delivery companies – do something quite similar to this. And Dowell Baker believes they’re all infringing on these patents.”

For the full story, follow the link below:

Why Is a Patent Troll in Luxembourg Suing U.S. Public Transit Agencies? – Technology – The Atlantic Cities.

Indiana Trade Dress Litigation Update – Mortar Net USA Ltd. v. Keene Building Product Co.

17 Tuesday Apr 2012

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

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Mortar Net USA Ltd. v. Keene Building Product Co.

Court Case Number:    2:12-cv-00148-JVB-PRC
File Date:    Monday, April 16, 2012
Plaintiff:     Mortar Net USA Ltd.
Plaintiff Counsel:     Daniel W. Glavin of O’Neill McFadden & Willett LLP, Michael H Baniak
Defendant:     Keene Building Product Co.
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 Joseph S. Van Bokkelen
Referred To: Magistrate Judge Paul R. Cherry

Indiana Trademark Litigation Update – Gino’s East Services v. GE Pizza of Mishawaka

13 Tuesday Mar 2012

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

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Gino’s East Services LLC v. GE Pizza of Mishawaka LLC et al.

Court Case Number: 2:12-cv-00109-JVB
File Date: Monday, March 12, 2012
Plaintiff: Gino’s East Services LLC
Plaintiff Counsel: Kevin B Duff, Marion B Adler of Rachlis Durham Duff & Adler, Daniel Kaplan
Defendant: GE Pizza of Mishawaka LLC, Shamrock Management Group of Highland LLC, Larry Briski, Mary Briski
Defendant’s Counsel: Kevin Steele
Cause: Federal Trademark Infringement
Court: Northern District of Indiana
Judge: Judge Joseph S Van Bokkelen

Complaint:

Agreed Order (filed 3/27/2012):

Indiana Trademark Litigation Update – Century 21 Real Estate v. Destiny Real Estate Properties

06 Wednesday Jul 2011

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

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Century 21 Real Estate LLC v. Destiny Real Estate Properties LLC et al

Century 21 Real Estate has filed a complaint against Destiny Real Estate Properties, formerly doing business as Century 21 Destiny Real Estate, and owner Daniel Sutton.

The two companies entered a franchise agreement in 1999.  The agreement was renewed in 2007 and was set to extend through 2017.  In March, 2011, a franchise agreement between the two companies was terminated due to a failure by Destiny to pay royalties.  Despite this termination, Destiny is alleged to have, against prior franchise agreements, “continued to flagrantly use the CENTURY 21® Marks to induce the public to use real estate services provided by their real estate brokerage office under the guise of a continuing association with Century 21…”

As of this post, the Destiny Real Estate website is still using the Century 21 logo and still displays the company’s former name, Century 21 Destiny Real Estate.

Court Case Number: 4:11-cv-00038-JD -APR
File Date: Wednesday, July 06, 2011
Plaintiff: Century 21 Real Estate LLC
Plaintiff Counsel: Ryan T. Brown of Gordon & Rees LLP
Defendant: Destiny Real Estate Properties LLC, Daniel Sutton
Cause: Trademark Infringement, False Designation of Origin/False Advertising, Trademark Dilution, Common Law Unfair Competition, Breach of Contract: Franchise Agreement, Breach of Contract – Personal Guaranty, Audit Demand/Accounting, Unjust Enrichment
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Andrew P. Rodovich