Category Archives: Southern District of Indiana

Microsoft sues in Indiana over Phony Tech Support Schemes

28 Monday Feb 2022

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

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Nearly seven out of ten Americans have encountered a technical support scam in the previous twelve months. Approximately ten percent of those respondents lost money from such scams. That’s not cool.

Microsoft is attempting to crack down on phony Microsoft support scams, in this particular instance focusing on a New Jersey individual operating a shell Indiana company called “Think Global.” The Complaint (below) details the scam and an interaction between Microsoft’s agent (presumably an attorney or technical investigator) and the alleged scammer(s).

The Complaint names an individual, a Mount Laurel, New Jersey resident (the sole member of the Indiana company), so perhaps there will be some justice for all the scammed individuals.

Stay tuned for updates.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al.

Case Number: 1:22-cv-00396-TWP-TAB
File Date: February 25, 2022
Plaintiff: Microsoft Corporation
Plaintiff Counsel: Jeff M. Barron of Barnes & Thornburg LLP, Bonnie MacNaughton, Meagan Himes of David Wright Tremaine LLP
Defendant: Solution Hat, LLC d/b/a/ Think Global et al,
Cause: Telemarketing and Consumer Fraud and Abuse Prevention Act, Telemarketing Sales Rule, Trademark Infringement, False Advertising, False Designation of Origin, Unfair Competition, Federal Trademark Dilution, Cybersquatting
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Tim A. Baker

Complaint:

Carmel-based Autoniq sues Laser Appraiser for False Advertising, Breach of Settlement Agreement

25 Friday Feb 2022

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

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The plaintiff, Carmel, Indiana-based Autoniq, provides a software solution that allows vehicle dealers to find, research, purchase and price vehicles, both online and at auction.

On January 29, 2021, Autoniq settled a prior lawsuit against the defendant, Laser Appraiser of Watkinsville, Georgia, based on trademark disputes involving deceptive online advertising. The parties signed a settlement agreement which included a $10,000 per breach liquidated damages provision for any future violations.

Apparently the defendant’s marketing department just couldn’t stand not using “Autoniq” in their online ads (along with arguably deceptive information about the plaintiff’s software), as less than a year later, in December 2021, Autoniq discovered new online advertisements by Laser Appraiser that allegedly violate the terms of the parties’ settlement agreement. As such, Autoniq has filed this lawsuit based on the new advertisements, but now backed with a $10,000 per breach liquidated damages provision.

Stay tuned for updates.

Autoniq, LLC v. Laser Appraiser, LLC

Case Number: 1:22-cv-00368-JMS-DML
File Date: February 21, 2022
Plaintiff: Autoniq, LLC
Plaintiff Counsel: Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendant: Laser Appraiser, LLC
Cause: False Advertising, Breach of Contract
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Debra McVicker Lynch

Complaint:

Mid-February 2022 Indiana Intellectual Property Litigation Update

15 Tuesday Feb 2022

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

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A very quiet month, with few updates and no interesting documents to share. A few lawsuits ended with a whimper and most had no action whatsoever. We’ll see if Intellectual Property litigators get back to business now that the snow is melting in Indiana.

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – A final pretrial conference is scheduled for April 27, 2023 and a jury trial will commence on May 15, 2023.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – No update this month.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, Inc. et al. (SD, filed 6/4/2021) – No update this month.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – No update this month. 

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – No update this month. 

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – The parties’ deadline to amend pleadings or join additional parties has been extended to February 23, 2022. 

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The parties are still in the process of selecting a mediator, with Defendant striking no later than February 15, 2022, and the Plaintiff striking no later than March 1, 2022.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The parties held an initial pretrial conference on January 24, 2022. A telephone status conference is schedule on April 25, 2022.

Indiana University Health, Inc et al. v. Thomas A. Brady Sports Medicine Center, P.C. (SD, filed 11/1/2021) – A Notice of Voluntary Dismissal was filed on February 14, 2022.

Alcorn v. COTR, LLC (SD, filed 11/22/2021) – The Defendant filed an Answer on January 20, 2022. On February 8, the Court reported notice of a settlement and the Plaintiff was given thirty days to file a motion to dismiss.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – No update yet.

AWGI LLC et al. v. Doe (SD, filed 1/7/2022) – No update yet. 

Corson v. Vive Exterior Design, LLC et al. (SD, filed 1/17/2022) – Vive was served with the Complaint on February 9, 2022. No other updates.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The lawsuit was transferred to the Fort Wayne Division on January 28, 2022. No other updates.

Reid v. Stephenson (SD, filed 1/27/2022) – The Complaint was served on a Nolan Cooney on February 2, 2022.

January 2022 Updates

December 2021 Updates

Pacers’ Lance Stephenson sued for posting photographs of himself on Instagram Stories

28 Friday Jan 2022

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

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The plaintiff in this copyright lawsuit is a professional photographer who has taken several photographs of Indiana Pacers’ Lance Stephenson, including photographs of Stephenson winning the 2008 Public School Athletic League as a high-schooler with Abraham Lincoln High School in Coney Island, New York.

Stephenson allegedly posted several of the plaintiff’s photographs on his Instagram account, stephensonlance, without authorization from the plaintiff. Most of the postings were apparently posted in Stephenson’s “Instagram Stories,” which disappear after 24 hours.

Lance Stephenson isn’t the first public figure to be sued for posting unowned photos of themself on social media. Being the subject of a photograph does not grant you copyright ownership of that photograph. Copyright ownership is held by the photographer, who can thus control how the photograph is publicly displayed. These types of lawsuits are typically settled out-of-court, but obviously not in this instance, although the Complaint (below) makes no mention of attempted settlement negotiations. Nevertheless, settlement usually follows shortly after a complaint is filed, although usually at a higher settlement amount.

Stay tuned for updates.

Reid v. Stephenson

Case Number: 1:22-cv-00205-JRS-DLP
File Date: January 27, 2022
Plaintiff: Damion Reid
Plaintiff Counsel: Craig B. Sanders of Sanders Law Group
Defendant: Lance Stephenson
Cause: Direct Copyright Infringement
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Doris L. Pryor

Complaint:

Fishers Landscape Design Company sued over Bocce Ball Court Photograph

18 Tuesday Jan 2022

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

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Here’s yet another copyright lawsuit involving the unauthorized use of a photograph on a website.

The Defendant, Vive Exterior Design, is a landscape design company headquartered in Fishers, Indiana. Vive is alleged to have used the Plaintiff’s photograph of a bocce ball court in the portfolio section of its website, www.viveexterior.com. The Plaintiff first sought to recover a standard license fee for use of the photograph via an intellectual property management company called Image Rights. When Image Rights was unsuccessful, Plaintiff’s counsel became involved but apparently never received a response from Vive. As such, Vive now has a federal copyright lawsuit to defend.

Settlement is the most likely outcome, but perhaps Vive has a valid defense for using the Plaintiff’s photograph. Stay tuned for updates.

Corson v. Vive Exterior Design, LLC et al

Case Number: 1:22-cv-00127-RLY-MG
File Date: January 17, 2022
Plaintiff: Lisa Corson
Plaintiff Counsel: Mathew K. Higbee, Naomi M. Sarega of Higbee & Associates
Defendant: Vive Exterior Design, LLC, Does 1-10
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mario Garcia

Complaint: