Category Archives: Northern District of Indiana

Indiana Copyright Litigation Update – Garden Homes by E L v. Charles Weis

18 Friday Mar 2011

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

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Garden Homes by E L Inc v. Charles Weis et al

A short and simple, if slightly unorthodox, copyright complaint over architectural designs.  Plaintiff contracted with Defendants, who represent the nonprofit Hannah & Friends (improving the quality of life for children and adults with special needs), to build a series of homes. After two homes and a “main lodge” were built by Plaintiff, Defendant allegedly had a third home built by a separate contractor using Plaintiff’s architectural plans. Plaintiff had registered the architectural plans with the U.S. Copyright Office prior to the alleged infringement.

Court Case Number:    3:11-cv-00115-RLM -CAN
File Date:    Friday, March 18, 2011
Plaintiff:     Garden Homes by E L Inc
Plaintiff Counsel:     James F Groves of Lee Groves and Zalas
Defendant:     Charles Weis, Maura Weis, Ryan Rans
Cause:    Copyright Infringement, Trade Dress Infringement
Court:    Northern District of Indiana
Judge:     Judge Robert L Miller, Jr
Referred To: Magistrate Judge Christopher A Nuechterlein

Indiana Copyright Litigation Update – BMI v. Olive’or Twist Bar

15 Tuesday Mar 2011

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

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Broadcast Music Inc et al v. Olive’or Twist Bar Inc. et al

Court Case Number: 3:11-cv-00112-JVB -CAN
File Date: Tuesday, March 15, 2011
Plaintiff: Broadcast Music Inc, Universal Songs of Polygram International Inc, Warner-Tamerlane Publishing Corp, Eleksylum Music Inc, No Surrender Music, Fourteenth Hour Music Inc, Springtime Music Inc, Cyandie Publishing, Songs of Universal Inc, Escatawpa Songs
Plaintiff Counsel: Christopher S. Riley of Barnes & Thornburg LLP
Defendant: Olive’or Twist Bar Inc., Lori A. Long
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Zimmer v. Ari Kresch

17 Thursday Feb 2011

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

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Zimmer Inc v. Ari Kresch et al

Court Case Number: 3:11-cv-00063-WCL -CAN

File Date: Wednesday, February 16, 2011

Plaintiff: Zimmer Inc
Plaintiff Counsel: Abigail M Butler, Angela K Hall, April Edwards Sellers, Joseph H Yeager, Jr., Kyle B Osting of Baker & Daniels
Defendant: Ari Kresch, Kresch/Oliver PLLC, Pulaski & Middleman LLC, Weller Green Toups & Terrell LLP, Kresch Legal Services PLC
Cause: Defamation, Tortious Interference with Business Relationships, False Advertising and Unfair Competition, Product Disparagement and Unfair Competition Under Common Law, Cybersquatting, Trademark Infringement, Unfair Competition and False Designation of Origin, Unfair Competition and Trademark Infringement Under Common Law
Court: Northern District of Indiana
Judge: Judge William C Lee
Referred To: Magistrate Judge Christopher A Nuechterlein

Indiana Copyright Litigation Update – Truth Publishing Company Inc. v. Kristopher C. Campbell

17 Monday Jan 2011

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

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Truth Publishing Company Inc. v. Kristopher C. Campbell

Plaintiff operates a daily newspaper called THE ELKHART TRUTH in Elkhart, Indiana. Defendant publishes a periodical called I.C.U. (Indiana Criminals Uncovered) MUG SHOTS. I.C.U. MUG SHOTS apparently copies news stories relating to crime and arrests directly from Plaintiff’s paper and sells the reprints for $1.50 a copy in Elkhart.

I can see why The Elkhart Truth would get tired of sending out its reporters to dig up info only to have another local paper photocopy their stories and republish. But, on some levels, isn’t Defendant doing a public service by helping spread information about criminals? Defendant certainly considered the copyright issues, as he included the following disclaimer:

“The information provided by Indiana Criminal Uncovered (ICU) Mugshots is of public record in accordance with Indiana Code 5-14-3-5. The information relates only to arrest, bookings, and preliminary charges. It does not address guilty pleas, convictions, or criminal sentences. All persons in this publication are innocent until provent guilty”

Whether the disclaimer can protect him will be determined by this lawsuit.

Defendant is running the old-school equivalent of a criminal law blog, which of course requires a little money for printing and distribution. Defendant is correct that mug shots and arrest records are public information. However, it appeared that Defendant copied the articles directly and distributed the reprints in the same geographic market, Elkhart.

While it’s likely that some people may not buy the Truth if they can get crime news from Defendant, there is apparently a wholly separate market of people who want crime stories but not the rest of the news content contained in a regular issue of the Truth. If so, Defendant may be able to continue to serve this audience, but will probably want to do more of his own fact-finding and reporting.

Court Case Number: 3:11-cv-00017-JD-CAN
File Date: Thursday, January 13, 2011
Plaintiff: Truth Publishing Company Inc.
Plaintiff Counsel: Steven M. Badger of Bose McKinney & Evans LLP
Defendant: Kristopher C. Campbell
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Coach, Inc. v. Diggz Clothing

22 Wednesday Dec 2010

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

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Coach, Inc. et al v. Diggz Clothing LLC et al

Coach strikes again. Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Lafayette, Indiana. As always, Coach throws the kitchen sink at the Defendant.

Related case: Coach, Inc. et al v. TJ’s Handbags
Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al
Related case: Coach Inc. et al v. Tom’s Treasure Chest

Court Case Number: 4:10-cv-00100-JVB -PRC
File Date: Wednesday, December 15, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Diggz Clothing LLC, Lori Harth
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery under Ind. Code 35-43-5-2(b), Counterfeiting under Ind. Code 35-43-5-2(a)
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Paul R. Cherry