Indiana Trademark Litigation Update – Batesville Services v. Cremation Options et al

30 Saturday Oct 2010

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

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Batesville Services, Inc. v. Cremation Options, LLC et al

Plaintiff has sold cremation casket goods under the OPTIONS trademark since 1993. Defendants have been operating a competing website (www.cremationoptions.com) since 2002 that allegedly infringes on Plaintiff’s trademarks and copyrights in images of cremation goods.

Court Case Number: 4:10-cv-00129-RLY-WGH
File Date: Friday, October 15, 2010
Plaintiff: Batesville Services, Inc.
Plaintiff Counsel: Karen K. Gaunt of Wood Herron & Evans LLP
Defendant: Cremation Options, LLC, http://www.cremationoptions.com, Dustin Rhodes, Joseph Salvatore Damiano Sr., A.J. Styles, John Does 1-3
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, False Advertising, Violation of the Anticybersquatting Consumer Protection Act, Copyright Infringement, Indiana Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Trade Secret Litigation Update – Ray’s Trash Service, Inc. v. Robert Miller et al

28 Thursday Oct 2010

Posted by in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Secret

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Ray’s Trash Service, Inc. v. Robert Miller et al

The Defendant individuals were former employees of Plaintiff, Ray’s Trash Service, Indy’s largest recycling and waste disposal operation. Following their resignation, the Defendants allegedly entered into a campaign to solicit Plaintiff’s customers, in violation of non-compete and non-solicitation clauses from Plaintiff’s employment agreement.  Companies, do you have proper agreements in place with your key employees?

This case was removed from Hendricks County Superior Court.

Court Case Number: 1:10-cv-01302-TWP-DML
File Date: Monday, October 18, 2010
Plaintiff: Ray’s Trash Service, Inc.
Plaintiff Counsel: Christopher C. Murray, Todd J. Kaiser of Ogletree Deakins Nash Smoak & Stewart
Defendant: Robert Miller, Vicki Murphy, C&A Express, Inc., Todd Roberts
Defendant Counsel: William O. Harrington and Bettie Harrington on behalf of Robert Miller, Amanda L. Asbury and Anthony Scott Chinn on behalf of remaining Defendants
Cause: Replevin, Conversion, Breach of Contract, Breach of Fiduciary Duty, Misappropriation of Trade Secrets, Tortious Interference with Contractual Business Relations, Computer Trespass
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Purdue opens new Tech Center in Bay Area

27 Wednesday Oct 2010

Posted by in Indiana, Tech Developments

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Purdue University will be opening a new west coast center in Mountain View, CA in NASA Research Park, the same base where Pennsylvania-based Carnegie Mellon also runs a university. The new center is intended to link Purdue’s engineering and technology faculty and researchers with high-tech companies and entrepreneurs.

The new center is being funded by Purdue Research Foundation and the Indiana Economic Development Corp. The foundation runs Purdue’s Indianapolis-based research park and also manages the intellectual property developed at Purdue.

Source: Campus Technology

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 Trademark Litigation Update – Sweetwater Sound settles trademark dispute

26 Tuesday Oct 2010

Posted by in Indiana, Litigation, Northern District of Indiana, Trademark

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Sweetwater Sound Inc. has reached a $5,000 settlement of its trademark infringement lawsuit against Chicago electronics company, J2 Electronics Group (Complaint filed July 7, 2010).

J2 has agreed to stop using the “SWEETWATER” mark and also paid $5,000 to Plaintiff, most of which presumably will cover attorney fees.

Original filing: Sweetwater Sound v. J2 Electronics Group

Source: The Journal Gazette