Category Archives: Southern District of Indiana

Indiana Copyright Litigation Update – Bedrock Builders Inc. v. Town Square Homes, LLC et al

27 Wednesday Oct 2010

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

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Bedrock Builders Inc. v. Town Square Homes, LLC et al

Another case involving misappropriated architectural drawings. Home builders, you should know by now that architectural drawings are protected by copyright law. If there’s a floor plan you really like, just pay for it! The price is beans (approx. $700-1500) against the cost of building a home. The Defendants in this case allegedly took multiple tours of Plaintiff’s model homes and then proceeded to build a home strikingly similar to Plaintiff’s architectural drawings. The Complaint has a fairly detailed fact pattern to show wilful infringement.

Court Case Number: 1:10-cv-01294-RLY-TAB
File Date: Friday, October 15, 2010
Plaintiff: Bedrock Builders Inc.
Plaintiff Counsel: Brad R. Maurer, Louis T. Perry of Baker & Daniels
Defendant: Town Square Homes, LLC, Tony McLaughlin, Tom Mayer, Erin Mayer
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

Indiana Trade Dress Litigation Update – Top Ten Imports, LLC v. BMX Imports, LP

25 Monday Oct 2010

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

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Top Ten Imports, LLC v. BMX Imports, LP

Here’s an interesting case in which the Plaintiff seeks to protect the unique design of  a space heater. Plaintiff manufactures the iHeater. Defendant has been manufacturing and marketing space heaters with a similar(?) design, the HeaterPRO (see images below). The ultimate question is whether a space heater design can even be protected. After all, are there many things more utilitarian than a space heater? Plaintiff tries to cover all bases just in case, relying on copyright, trade dress and even a design patent.

Court Case Number: 1:10-cv-01287-SEB-DML
File Date: Wednesday, October 13, 2010
Plaintiff: Top Ten Imports, LLC
Plaintiff Counsel: James M. Hinshaw and Alex E. Gude of Bingham McHale LLP
Defendant: BMX Imports, LP
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

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 Trademark Litigation Update – Coach, Inc. v. TJ’s Handbags

28 Tuesday Sep 2010

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

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Coach, Inc. et al v. TJ’s Handbags

Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Scottsburg, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.

Related case: Coach, Inc. et al v. Diggz Clothing LLC et al

Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al

Related case: Coach Inc. v. Tom’s Treasure Chest

Leave a comment if you’d like a full copy of the complaint.

Court Case Number: 4:10-cv-00111-TWP-WGH
File Date: Wednesday, September 22, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: TJ’s Handbags & More, Teresa A. Jewell
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
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Trademark Litigation Update – Coach, Inc. v. Designer Fragrance

27 Monday Sep 2010

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Coach, Inc. et al v. Designer Fragrance & Gifts et al

Coach makes handbags, wallets, etc. . Defendant is accused of selling knockoffs from a retail store in Jeffersonville, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.

Leave a comment for a full copy of the complaint.

Related case: Coach, Inc. et al v. Diggz Clothing LLC et al

Related case: Coach, Inc. et al v. TJ’s Handbags

Related case: Coach Inc. et al v. Tom’s Treasure Chest

Court Case Number: 4:10-cv-00112-TWP-WGH
File Date: Wednesday, September 22, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Designer Fragrance & Gifts, Loretta M. Beckner
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
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge William G. Hussmann, Jr