09 Tuesday Oct 2012
There are a few updates in Indiana’s first keyword advertising case, Angie’s List v. ServiceMagic. The lawsuit is still in the early stages, with Answers and Counterclaims being filed. An Initial Pretrial Conference is set for 10/12/2012 so stay tuned for updates.
ServiceMagic Answer, Affirmative Defenses and Counterclaims:
Angie’s List Answer to Counterclaims:
27 Thursday Sep 2012
Tags
Debra McVicker Lynch, Declaration of Existing Contract, Litigation Update, Notice of Removal, Promissory Estoppel, Sarah Evans Barker, Theodore J. Minch
Court Case Number: 1:12-cv-01384-SEB-DML
File Date: Wednesday, September 26, 2012
Plaintiff: CMG Worldwide, Inc.
Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP
Defendant: Brando Enterprises, LP; Brand Sense Partners, LLC
Cause: Notice of Removal, Declaration of Existence of Valid and Enforceable Contract between Parties, Declaration of Promissory Estoppel
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch
20 Thursday Sep 2012
Tags
Batman, Christopher A. Nuechterlein, Common Law Unfair Competition, Litigation Update, Philip P. Simon, Trademark Infringement, Unfair Competition
Here’s a fun case. Plaintiff, an Indiana corporation, has sold security software under the mark CLEAN SLATE since 2000. In Defendant Warner Bros’ latest Batman movie, The Dark Knight Rises, Batman promises to obtain a software program called CLEAN SLATE that will erase a person’s criminal history from every computer database in the world. This has apparently caused hundreds of internet references for the fictional movie software, to which Plaintiff objects.
What do you think is the likely outcome of this case? Can it survive a Motion to Dismiss? Is Warner Bros really using CLEAN SLATE as a trademark?
It also shines a spotlight on that magic moment in the marketing department where an invention titled “Targeted Data Detection and Elimination Algorithm” becomes…CLEAN SLATE! [Note: The patent application is from movie promotional materials. It is not real.]
Court Case Number: 3:12-cv-00535-PPS-CAN
File Date: Wednesday, September 19, 2012
Plaintiff: Fortres Grand Corporation
Plaintiff Counsel: Christopher R. Putt of May Oberfell Lorber
Defendant: Warner Bros Entertainment Inc.
Cause: Trademark Infringement, Unfair Competition, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein
09 Sunday Sep 2012
Posted in Artists, Copyright, Litigation, Stories from the Week that Was, Trademark
Tags
My favorite stories from last week:
Think hard to fly: Chinese scientists unveil mind-controlled drone
NY court to decide if lap dance is tax-exempt art
Ben & Jerry’s sues porn-flick production company over trademark infringement
Sanrio, DC Comics, and Disney Sue Party Company For Counterfeit Costumes
If you’ve got a top intellectual property or technology story from last week, please leave a comment below.
07 Friday Sep 2012
Tags
Cancellation of Registrations, Christopher A. Nuechterlein, Dilution, Northern District of Indiana, Philip P. Simon, Service Mark Infringement, Trademark Infringement, Unfair Competition
Court Case Number: 3:12-cv-00480-PPS-CAN
File Date: Thursday, September 06, 2012
Plaintiff: 1st Source Bank
Plaintiff Counsel: Patrick David Murphy of Boveri Murphy Rice LLP
Defendant: Firstsource Solutions Limited, Firstsource Solutions USA Inc, Firstsource Advantage LLC, Firstsource Financial Solutions Inc
Cause: Service Mark Infringement, Unfair Competition, Dilution, Cancellation of Registrations
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Christopher A Nuechterlein
Indiana Intellectual Property Blog 