Indiana Copyright Litigation Update – BMI v. BerTee’s

15 Friday Jul 2011

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Broadcast Music Inc. et al v. BerTee’s Inc. et al

BMI has filed yet another copyright infringement complaint against a small town bar.  This time the defendant is Fortville, Indiana bar, BerTee’s Sports Café.

  This case is nearly identical (obviously with different songs and attributed publishing companies) to previous BMI led copyright infringement suits. Links to some of these are here, here and here. Named in the complaint are the following eight songs:

Jerry Williams – Givin’ It Up For Your Love
 Niles Rogers – Good Times
Rick Springfield – Jessie’s Girl
John Cafferty – On the Dark Side
Bradley Kirk Arnold – Kryptonite
Arrested Development – Tennessee
Alex Band – Wherever You Go
John Rzeznik – Name
 

Court Case Number: 1:11-cv-00944-TWP-MJD
File Date: Friday, July 15, 2011
Plaintiff: Broadcast Music Inc., Universal-Songs of Polygram International, Inc., EMI Blackwood Inc., Sony/ATV Songs LLC, The Bernard Edwards Company LLC, Embassy Music Corp., John Cafferty Music, Songs of Universal, Inc., Escatawpa Songs, Arrested Development Music, Careers-BMG Music Publishing Inc., Alex Band Music, Amedeo Music, EMI Virgin Songs, Inc., Full Volume Music, Scrap Metal Music
Plaintiff Counsel: Peter J. Prettyman of Taft Stettinius & Hollister LLP
Defendant: BerTee’s Inc., Kelly D. Kendrick
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana Trademark Litigation Update – Century 21 Real Estate v. Destiny Real Estate Properties

06 Wednesday Jul 2011

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Century 21 Real Estate LLC v. Destiny Real Estate Properties LLC et al

Century 21 Real Estate has filed a complaint against Destiny Real Estate Properties, formerly doing business as Century 21 Destiny Real Estate, and owner Daniel Sutton.

The two companies entered a franchise agreement in 1999.  The agreement was renewed in 2007 and was set to extend through 2017.  In March, 2011, a franchise agreement between the two companies was terminated due to a failure by Destiny to pay royalties.  Despite this termination, Destiny is alleged to have, against prior franchise agreements, “continued to flagrantly use the CENTURY 21® Marks to induce the public to use real estate services provided by their real estate brokerage office under the guise of a continuing association with Century 21…”

As of this post, the Destiny Real Estate website is still using the Century 21 logo and still displays the company’s former name, Century 21 Destiny Real Estate.

Court Case Number: 4:11-cv-00038-JD -APR
File Date: Wednesday, July 06, 2011
Plaintiff: Century 21 Real Estate LLC
Plaintiff Counsel: Ryan T. Brown of Gordon & Rees LLP
Defendant: Destiny Real Estate Properties LLC, Daniel Sutton
Cause: Trademark Infringement, False Designation of Origin/False Advertising, Trademark Dilution, Common Law Unfair Competition, Breach of Contract: Franchise Agreement, Breach of Contract – Personal Guaranty, Audit Demand/Accounting, Unjust Enrichment
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Andrew P. Rodovich

Indiana Trademark Litigation Update – Williams Industries v. Tervis Tumbler

27 Monday Jun 2011

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Williams Industries, Inc. v. Tervis Tumbler Company

Plaintiff, Williams Industries, is based out of Shelbyville, IN and designs/manufactures a variety of products including plastic drink tumblers.  Among their products are the 12 oz. and 14oz. Tritan™ double wall tumblers.  Plaintiff has an ongoing business relationship with Hit Promotional Products, a seller of many products, including the Tritan™ tumblers.  Defendant, Tervis owns two copyrights regarding design and style of plastic drink tumblers.  Tervis sent a cease and desist letter, claiming Hit “deceived and misled customer who pay for

[its] products into believing that such products are those of Tervis… [t]his attempt to profit off of Tervis’ goodwill is a violation of state and Federal trademark and unfair competition laws.” In response, Hit removed the Tritan™ tumblers from their website.  Plaintiff is requesting the cancellation of Tervis‘ trademarks due to genericness, unenforceability, and fraudulent procurement; as well as compensation for damages resulting from the alleged tortious interference.

Court Case Number: 1:11-cv-00860-SEB-DML
File Date: Monday, June 27, 2011
Plaintiff: Williams Industries, Inc.
Plaintiff Counsel: Dwight D. Lueck, Jennifer Lynn Schuster of Barnes & Thornburg LLP
Defendant: Tervis Tumbler Company
Cause: Tortious Interference with Business Relationships, Cancellation of the ‘577 Mark for Fraudulent Procurement of Trademark Registration, Cancellation of the ‘577 Mark for Genericness, Request for Declaratory Judgment of Unenforceability of the ‘577 Mark, Request for Declaratory Judgment of Non-Infringement of the ‘871 Mark, Request for Declaratory Judgement of Unenforceability of Tervis’s Alleged Trade Dress, Common Law Unfair Competition,
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Coach v. Diva’s House of Style

22 Wednesday Jun 2011

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Coach v. Diva’s House of Style

Court Case Number: 3:11-cv-00253-JD -CAN
File Date: Thursday, June 16, 2011
Plaintiff: Coach Inc, Coach Services Inc
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Diva’s House of Style, Elizabeth Bond
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, Forgery, Counterfeiting,
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Christopher A Nuechterlein

Indiana Trademark Litigation Update – Coach v. Lyn-Maree’s

16 Thursday Jun 2011

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Coach Inc et al v. Lyn-Maree’s LLC et al

Court Case Number: 1:11-cv-00207-TLS -RBC
File Date: Wednesday, June 15, 2011
Plaintiff: Coach Inc, Coach Services Inc
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Lyn-Maree’s LLC, Emma Taylor, Lynn Siples
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, Forgery, Counterfeiting
Court: Northern District of Indiana
Judge: Judge Theresa L Springmann
Referred To: Magistrate Judge Roger B Cosbey