Indiana Trademark Litigation Update – Three Rivers Archery Supply v. Parker Compound Bows

08 Thursday Nov 2012

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

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Common Law False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Litigation Update, Philip P. Simon, Roger B. Cosbey, Trademark Infringement, Unfair Competition

Three Rivers Archery Supply Inc et al v. Parker Compound Bows Inc

Court Case Number: 1:12-cv-00390-PPS-RBC
File Date: Wednesday, November 07, 2012
Plaintiff: Three Rivers Archery Supply Inc, Dale Karch, Sandra Karch
Plaintiff Counsel: Melanie L Farr, Holly A Brady of Haller & Colvin PC, Todd T Taylor of Taylor & Aust PC
Defendant: Parker Compound Bows Inc
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Common Law Trademark Infringement, Common Law False Designation of Origin, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Roger B Cosbey

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Angie’s List v. ServiceMagic – Answers and Counterclaims Filed

09 Tuesday Oct 2012

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

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Angie's List, Keyword Advertising, Litigation Update

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:

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Angie’s List Answer to Counterclaims:

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Indiana Trademark Litigation Update – CMG Worldwide v. Brando Enterprises

27 Thursday Sep 2012

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

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Debra McVicker Lynch, Declaration of Existing Contract, Litigation Update, Notice of Removal, Promissory Estoppel, Sarah Evans Barker, Theodore J. Minch

CMG Worldwide, Inc. v. Brando Enterprises, LP et al

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

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Indiana Trademark Litigation Update – Fortres Grand Corp. v. Warner Bros Entertainment

20 Thursday Sep 2012

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

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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.]

Fortres Grand Corporation v. Warner Bros Entertainment Inc.

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