Category Archives: Southern District of Indiana

Indiana Trademark Litigation Update – Aire Serv Heating & Air Conditioning, Inc. v. Mark Niemann

13 Monday Sep 2010

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

≈ Leave a comment

Tags

, , , ,

Aire Serv Heating & Air Conditioning, Inc. v. Mark Niemann

Plaintiff is franchisor of the AIRE SERV trademark for “installation, maintenance and repair of heating and air-conditioning equipment.” Defendant originally was a technician for Plaintiff but allegedly began providing service to personal clients under the name “Air Serv of Louisville,” without accounting to Plaintiff for any franchise fees.

Please leave a comment for a full copy of the Complaint.

Court Case Number: 4:10-cv-00101-RLY-WGH
File Date: Wednesday, September 01, 2010
Plaintiff: Aire Serv Heating & Air Conditioning, Inc.
Plaintiff Counsel: Richard A. Bierly of McNeely, Stephenson, Thopy & Harrold
Defendant: Mark Niemann
Cause: Federal Trademark Infringement, Federal Unfair Competition,
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr

Indiana Intellectual Property Litigation Summary – August 2010

01 Wednesday Sep 2010

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

≈ Leave a comment

The following Intellectual Property cases were filed in August 2010. A quiet month considering 6 cases were filed in July.

Northern District of Indiana

Trans-United Inc. v. Trans-United Inc.

Southern District of Indiana

Masterfile Corporation v. Kemp Title Agency

Indiana Copyright Litigation Update – Masterfile Corporation v. Kemp Title Agency

15 Sunday Aug 2010

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

≈ Leave a comment

Tags

, , , ,

Indiana Copyright Litigation Update – Masterfile Corporation v. Kemp Title Agency

Masterfile strikes again.

Masterfile is a stock photography company which acquires and licenses images for commercial use. Defendant allegedly displayed Masterfile’s images on their website without compensating Masterfile. Defendant was given an opportunity to enter into a retroactive licensing agreement but refused.

Update 1/6/11 – The parties have reached a settlement and filed a Stipulation of Dismissal (see below). The terms of the settlement are not public but each side has paid its own legal fees.

Related Case: Masterfile Corporation v. Mark Stein

Court Case Number: 1:10-cv-00997-JMS-TAB
File Date: Monday, August 09, 2010
Plaintiff: Masterfile Corporation
Plaintiff Counsel: Aaron M. Staser of Barnes & Thornburg LLP
Defendant: Kemp Title Agency, LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

Complaint:

Stipulation of Dismissal:

Indiana Intellectual Property Litigation Update – July 2010

31 Saturday Jul 2010

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

≈ Leave a comment

Tags

The following Intellectual Property cases were filed in July 2010. Stay tuned for updates.

Northern District of Indiana

1A Smart Start v. Indiana Safe Start

Sweetwater Sound v. J2 Electronics Group

Southern District of Indiana

Brandt Industries v. Pitonyak Machinery Corporation

Brian Andr’e Warren v. Xlibris Corporation

Interactive Intelligence v. Advanced Information Systems

Masterfile Corporation v. Mark Stein

Indiana Copyright Litigation Update – Masterfile Corporation v. Mark Stein

30 Friday Jul 2010

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

≈ 1 Comment

Tags

,

Masterfile Corporation v. Mark Stein

Plaintiff is a stock photography company which acquires and licenses images for commercial use. Defendant allegedly displayed Plaintiff’s images on his website without compensating Masterfile. Defendant was given an opportunity to enter into a retroactive licensing agreement but refused.

Court Case Number: 1:10-cv-00961-SEB-TAB
File Date: Thursday, July 29, 2010
Plaintiff: Masterfile Corporation
Plaintiff Counsel: Aaron M. Staser of Barnes & Thornburg LLP
Defendant: Mark Stein
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker