Category Archives: Northern District of Indiana

Indiana Intellectual Property Litigation Summary – September 2010

11 Monday Oct 2010

Posted by in Copyright, Indiana, Intellectual Property, Northern District of Indiana, Southern District of Indiana, Trademark

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The following Intellectual Property cases were filed in September 2010. A busy month, up from just 2 in August. Stay tuned for updates.

Northern District of Indiana

Southern District of Indiana

Indiana Copyright Litigation Update – Broadcast Music Inc. v. Trioak Inc.

06 Wednesday Oct 2010

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

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Broadcast Music Inc et al v. Trioak Inc. et al

Defendant played 12 songs in his Crown Point establishment, R House of Brews, 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. Bye Bye Love – Everly Brothers
  2. A Country Boy Can Survive – Hank Williams Jr.
  3. Gimme Three Steps – Lynyrd Skynyrd
  4. Midnight Rider – Allman Brothers
  5. Rocky Mountain Way – Joe Walsh
  6. Take Me To The River – Al Green
  7. Who’ll Stop the Rain – Creedence Clearwater Revival
  8. She Thinks My Tractor’s Sexy – Kenny Chesney
  9. Loser – Three Doors Down
  10. Ring of Fire – Johnny Cash
  11. I Love This Bar – Toby Keith
  12. Gunpowder and Lead – Miranda Lambert

Court Case Number: 2:10-cv-00380-JVB -PRC
File Date: Tuesday, September 28, 2010
Plaintiff: Broadcast Music Inc
House of Bryant Publications LLC
Bocephus Music Inc
Songs of Universal Inc
EMI Virgin Songs Inc
Elijah Blue Music
Unichappell Music Inc
Barn-Storm Music Inc
Belkin Music
Al Green Music Inc
Rondor Music International Inc
Concord Music Group Inc
EMI Blackwood Music Inc
Scarlet Moon Music Inc
Jelinda Music
Escatawpa Songs
Painted Desert Music Corporation
Sony/ATV Songs LLC
Big Yellow Dog LLC
Tokeco Tunes
Nashville Star Music
Carnival Music Company
Plaintiff Counsel: Peter J. Prettyman of Taft Stettinius & Hollister LLP
Defendant: Trioak Inc., Anthony S. Robledo
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Paul R. Cherry

Indiana Trade Secret Litigation Update – Forest River Inc. v. Heartland Recreational Vehicles LLC

05 Tuesday Oct 2010

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

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Forest River Inc. v. Heartland Recreational Vehicles LLC

This lawsuit is the fourth pending matter between these parties. The lawsuit revolves around the alleged theft of a company’s full client/contact list. High-tech computer espionage? No. The “sales person then contacted a personal friend of his who was a sales employee at [Plaintiff] and asked that sales employee to get him a copy of the Master List.” D’oh.

Companies, do you have a trade secret policy and the proper mechanisms in place to protect your valuable, confidential information? If not, I can tell you it costs a lot less than a trade secret lawsuit.

Court Case Number: 3:10-cv-00409-JED-CAN
File Date: Wednesday, September 29, 2010
Plaintiff: Forest River Inc.
Plaintiff Counsel: Ryan M. Fountain of Law Offices of Ryan M. Fountain
Defendant: Heartland Recreational Vehicles LLC
Cause: Computer Fraud and Abuse, Unfair Competition, Tortious Interference, Conspiracy to Commit Criminal Mischief, Trademark Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – JB Custom Inc. v. Amadeo Rossi SA et al

26 Sunday Sep 2010

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

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JB Custom Inc. v. Amadeo Rossi SA et al

Plaintiff is a custom firearms manufacturer. Defendants allegedly sells firearms similar to those of Plaintiff in violation of trademark laws and in breach of an Exclusivity Agreement.

For more, see the Fort Wayne Journal Gazette.

Court Case Number: 1:10-cv-00326-PPS -RBC
File Date: Monday, September 20, 2010
Plaintiff: JB Custom Inc.
Plaintiff Counsel: Jeremy N. Gayed of Barrett & McNagny LLP
Defendants: Amadeo Rossi SA, Forjas Taurus SA, Taurus International Manufacturing Inc., Braztech International LC
Cause: Breach of Contract, Trademark Infringement, False Designation of Origin, Passing Off, False Advertising, Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Copyright Litigation Update – Arbor Home Building Corporation v. Miller Custom Homes LLC

15 Wednesday Sep 2010

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Arbor Home Building Corporation v. Miller Custom Homes LLC

Both parties are homebuilders. Defendant allegedly built a home substantially similar to Plaintiff’s architectural drawings, which are protectable under copyright law.

For a full copy of the Complaint, leave a comment.

Court Case Number: 1:10-cv-00316-PPS -RBC
File Date: Wednesday, September 08, 2010
Plaintiff: Arbor Home Building Corporation
Plaintiff Counsel: Angela G. Garcia, James B. Hike, Jeremy V. Senk of Carson Boxberger LLP
Defendant: Miller Custom Homes LLC
Cause: Copyright Infringement by Reproduction, Copyright Infringement by Preparation of Derivative Work
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey