Category Archives: Northern District of Indiana

Indiana Copyright Litigation Update – BMI v. Shenanigans

01 Wednesday Dec 2010

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

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Broadcast Music Inc et al v. Shenanigans Inc et al

Defendant played 10 songs in his Anderson “Couples Only” establishment, Shenanigans, without a license from BMI, one of three main performance royalty organizations (along w/ ASCAP and SESAC). BMI claims to be caused “great” and “incalculable” damage. Actually, it’s probably about $0.25/song in the jukebox, but we know what they’re saying. While BMI seems like a cranky giant, it’s actually doing this on behalf of all of the artists it represents. Otherwise, nobody collects money and artists have to bring these lawsuits themselves.

Here are the songs allegedly infringed (listen to FULL PLAYLIST):

  1. Gimme Three Steps – Lynryd Skynyrd
  2. Hard to Handle – Black Crowes
  3. Inside Out – Eve 6
  4. Old Time Rock and Roll – Bob Seger
  5. Rocky Mountain Way – Joe Walsh
  6. Simple Man – Lynyrd Skynyrd
  7. Cumbersome – Seven Mary Three
  8. I Love This Bar – Toby Keith
  9. Linus and Lucy – Vince Guaraldi
  10. Bleed it Out – Linkin Park

Leave a comment or send an email if you’d like a full copy of the Complaint.

Court Case Number: 2:10-cv-00458-TLS -APR
File Date: Tuesday, November 16, 2010
Plaintiff: Broadcast Music Inc
Songs of Universal Inc
EMI Virgin Songs Inc
Rondor Music International Inc
Less Than Zero Music
Southfield Road Music
Fake and Jaded Music
Muscle Shoals Sound Publishing Co
PeerMusic III Ltd
Barn-Storm Music Inc
Belkin Music
EMI Blackwood Music Inc
Seven Mary Three Music
Sony/ATV Songs LLC
Big Yellow Dog LLC
Tokeco Tunes
Lee Mendelson Film Productions Inc
Universal Music-Z Tunes LLC
Chesterchaz Publishing
Rob Bourdon Music
Nondisclosure Agreement Music
Big Bad Mr Hahn Music
Kenji Kobayashi Music
Plaintiff Counsel: Christopher S. Riley of Barnes & Thornburg LLP
Defendant: Shenanigans Inc, Matthew Kelly
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Andrew P. Rodovich

Indiana Intellectual Property Litigation Summary – October 2010

01 Monday Nov 2010

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

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The following Intellectual Property cases were filed in October 2010:

Northern District of Indiana

Southern District of Indiana

September – August – July

Indiana Trademark Litigation Update – Sweetwater Sound settles trademark dispute

26 Tuesday Oct 2010

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

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Sweetwater Sound Inc. has reached a $5,000 settlement of its trademark infringement lawsuit against Chicago electronics company, J2 Electronics Group (Complaint filed July 7, 2010).

J2 has agreed to stop using the “SWEETWATER” mark and also paid $5,000 to Plaintiff, most of which presumably will cover attorney fees.

Original filing: Sweetwater Sound v. J2 Electronics Group

Source: The Journal Gazette

Indiana Trademark Litigation Update – Knox Fertilizer Company Inc. v. Appeal of a Decision by the Trademark Trial & Appeal Board

26 Tuesday Oct 2010

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

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Knox Fertilizer Company Inc. v. Appeal of a Decision by the Trademark Trial & Appeal Board

If a trademark applicant is denied federal registration by a trademark examiner at the U.S. Trademark Office, that denial may be appealed to the Trademark Trial & Appeal Board (“TTAB”). Decisions of the TTAB may, in turn, be appealed to a United States district court.  Plaintiff in this matter has appealed the TTAB’s decision to uphold denial of its PLATINUM TURF FERTILIZER mark (the mark was denied registration based on a likelihood of confusion with a registered PLATINA mark for fertilizers and plant growth regulators).

Rather than cut their losses and proceed with a rebrand to a non-confusing, less generic and probably stronger trademark, the Plaintiff/Applicant has instead decided to hire a team of litigators and see whether a federal court can do a better job at trademark examination than the Trademark Office. I’ll keep you updated.

Court Case Number: 3:10-cv-00422-JVB -CAN
File Date: Wednesday, October 13, 2010
Plaintiff: Knox Fertilizer Company Inc.
Plaintiff Counsel: Daniel Tychonievich, Edward A. Sullivan III, Larry E. LaTarte Jr. of Baker & Daniels
Defendant: Appeal of a Decision by the Trademark Trial & Appeal Board
Cause: No Likelihood of Confusion
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Copyright Litigation Update – Hydraulic Marine Systems Inc. v. Mid-America Foundation Supply Inc.

20 Wednesday Oct 2010

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

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Hydraulic Marine Systems Inc. v. Mid-America Foundation Supply Inc.

This case involves “barge thrusters”…think gigantic outboard motors for barges…and the copyrighted instructions thereto. Defendant allegedly bought a few barge thrusters from Plaintiff, slapped its own trademark on the thrusters, took a few pictures, and attempted to resell the product along with false claims regarding the thruster’s physical capabilities. Defendant is also alleged to have copied photographs and descriptions from Plaintiff’s copyrighted instructions.

Court Case Number: 1:10-cv-00344-JVB -RBC
File Date: Monday, October 04, 2010
Plaintiff: Hydraulic Marine Systems Inc.
Plaintiff Counsel: D. Randall Brown and Jennifer Rae Tudor of Barnes & Thornburg LLP
Defendant: Mid-America Foundation Supply Inc.
Cause: Copyright Infringement, False Designation of Origin, Trade Dress Infringement, Unfair Competition and Deceptive Trade Practices
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Roger B. Cosbey