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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Southern District of Indiana

Indiana Trademark Litigation Update – Leon Isaac Kennedy v. GoDaddy

30 Thursday May 2013

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

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Conversion, Debra McVicker Lynch, Deception, GoDaddy, Indiana Crime Victims' Act, Litigation Update, Richard L. Young, Unfair Competition, Violation of 1125(a), Violation of 1125(d), Violation of Indiana Right of Publicity

Plaintiff is an actor, producer, and writer, best known for his performance as “Too Sweet” in 1979’s Penitentiary and its sequels. He is also a partner of a food company with Smokey Robinson, Smokey Robinson Foods.This lawsuit involves Plaintiff’s attempt to get the domain name leonisaackennedy.com from an alleged cybersquatter, via the registrar GoDaddy.

Leon Isaac Kennedy v. GoDaddy Inc. et al

Court Case Number: 1:13-cv-00876-RLY-DML
File Date: Wednesday, May 29, 2013
Plaintiff: Leon Isaac Kennedy
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: GoDaddy Inc., Spirit Media, Arthur Phoenix, John Doe
Cause: Violation of 1125(a), Violation of 1125(d), Unfair Competition, Violation of Indiana Right of Publicity, Conversion, Deception, Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Debra McVicker Lynch

Complaint (originally filed in Hamilton Superior Court):

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Notice of Removal: 

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Indiana Trademark Litigation Update – Sensory Technologies v. Sensory Technology Consultants

29 Wednesday May 2013

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

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Declaratory Judgment, Denise K. LaRue, False Designation of Origin, Litigation Update, Permanent Injunction, Preliminary Injunction, Sarah Evans Barker, Trademark Infringement, Unfair Competition

Sensory overload!

This is a fairly standard trademark dispute over the trademark “Sensory Technologies” in connection with audio-visual and video conferencing systems. Sensory Indiana (Plaintiff) is suing Sensory Utah (Defendant) after months of notice letters went unanswered. We’ll see if the lawsuit merits a response.

Sensory Technologies, LLC v. Sensory Technology Consultants, Inc.

Court Case Number: 1:13-cv-00834-SEB-DKL
File Date: Wednesday, May 22, 2013
Plaintiff: Sensory Technologies, LLC
Plaintiff Counsel: Jonathan G. Polak, Tracy N. Betz of Taft Stettinius & Hollister LLP
Defendant: Sensory Technology Consultants, Inc.
Cause: Trademark Infringement, False Designation of Origin, Unfair Competition, Declaratory Judgment, Preliminary Injunction, Permanent Injunction
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

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Indiana Copyright Litigation Update – Leeway Media Group v. Laurence Joachim

28 Tuesday May 2013

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

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Declaratory Judgment of No Copyright Infringement, Declaratory Judgment of No Standing, Declaratory Judgment of No Unfair Uncompetition, Declaratory Judgment of No Valid Copyright, Jane Magnus-Stinson, Litigation Update, Tim A. Baker

Check out Bruce Lee’s first Hollywood screen test from 1965. Approximately 91 seconds of the over eight minute long video was used in the documentary, I Am Bruce Lee, which aired on Spike TV in February 2012. That July, Laurence Joachim contacted Leeway (which represents the deceased kung-fu star’s interests) and claimed to own the copyright to the screen test. Leeway has received a 1974 copyright registration but no evidence to the chain of title between the filming (1965) and the registration (1974). Mr. Joachim’s counsel, apparently, announced intentions to proceed with litigation unless Leeway paid a six figure settlement. “The demands and threats… have created and actual justiciable claim or controversy such that declaratory relief represents the appropriate remedy.”

Leeway wants the Court to declare both that Mr. Joachim has no copyright in the screen test and that Leeway has not infringed on any of Mr. Joachim’s rights. Stay tuned for updates.

Leeway Media Group LLC v. Laurence Joachim et al

Court Case Number: 1:13-cv-00822-JMS-TAB
File Date: Monday, May 20, 2013
Plaintiff: Leeway Media Group LLC
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: Laurence Joachim, Trans-National Film Corporation
Cause: Declaration of No Valid Copyright, Declaration of No Standing, Declaration of No Copyright Infringement, Declaration of No Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

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Indiana Trademark Litigation Update – Master Cutlery v. Pacific Solution Marketing

18 Saturday May 2013

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

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Common Law Copyright Infringement, Common Law Trademark Infringement, Copyright Infringement, Counterfeiting, Debra McVicker Lynch, False Advertising, False Designation of Origin or Sponsorship, Jane Magnus-Stinson, Litigation Update, Theft, Trade Dress Infringement, Trademark Dilution, Trademark Infringement, Unfair Competition

Master Cutlery, Inc. v. Pacific Solution Marketing, Inc.

Court Case Number: 1:13-cv-00819-JMS-DML
File Date: Friday, May 17, 2013
Plaintiff: Master Cutlery, Inc.
Plaintiff Counsel: Darlene R. Seymour Attorney at Law
Defendant: Pacific Solution Marketing, Inc.
Cause: Trademark Infringement, Copyright Infringement, Trademark Dilution, False Designation of Origin or Sponsorship, False Advertising, Trade Dress Infringement, Common Law Copyright Infringement, Common Law Trademark Infringement, Unfair Competition, Theft, Counterfeiting
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

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Indiana Copyright Litigation Update – Richard N. Bell v. Mark Arruda

16 Thursday May 2013

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

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Copyright Infringement, Denise K. LaRue, Litigation Update, Photography, Richard Bell, Tanya Walton Pratt, Theft, Unfair Competition

Richard N. Bell v. Mark Arruda et al

Court Case Number: 1:13-cv-00800-TWP-DKL
File Date: Wednesday, May 15, 2013
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Cameron Tayler, Taylor Computer Systems, Insurance Concepts, Fred O’Brien, Indy Cleaning Pros, James Allen, Karen Allen, ForeclosureWarehouse.com, Inc., Shanna Cheatam, AILS, MAXXCLEAN LLC, HomeRoute, Infored Media, LLC, Redouane Chioua, American Auto Transport, National Communications Company, LLC, AboNet, Cities Online, Shelly Rupel, Ben McCann, Neil Cox, Mark Arruda
Cause: Copyright Infringement and Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

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