Indiana Intellectual Property Litigation Summary – September 2010

11 Monday Oct 2010

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

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The following Intellectual Property cases were filed in September 2010. A busy month, up from just 2 in August. Stay tuned for updates.

Northern District of Indiana

Southern District of Indiana

Indiana Trademark Litigation Update – Net Pro Trading Card Company, LLC v. Ace Authentic Sports memorabilia, LLC

11 Monday Oct 2010

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Net Pro Trading Card Company, LLC v. Ace Authentic Sports memorabilia, LLC et al

Interesting case. Plaintiff Net Pro was apparently the first company to make tennis trading cards way back in 1991. Defendant also makes tennis trading cards. As part of a recent promo series, Defendant has been packaging its own cards along with older, more valuable cards of Plaintiff (e.g. a Plaintiff 2003 rookie card of Rafa Nadal, etc.) Plaintiff feels Defendant’s actions have damaged its ability to sell its own stock of older cards. Kind of a flea-market, “first sale,” nominative fair use case. Despite Plaintiff including such colorful claims as “Deception” the “Indiana Crime Victims’ Act,” I don’t think this case is an easy slam…it could definitely go 5 sets with the proper defense.

Court Case Number: 1:10-cv-01236-JMS-TAB
File Date: Thursday, September 30, 2010
Plaintiff: Net Pro Trading Card Company, LLC
Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP
Defendant: Ace Authentic Sports memorabilia, LLC, John Reichel
Cause: Trademark Infringement, False Endorsement, False Advertising, Common Law Unfair Competition, Unjust Enrichment, Conversion, Deception, Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

Indiana Copyright Litigation Update – Broadcast Music Inc. v. Trioak Inc.

06 Wednesday Oct 2010

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Musicians, Northern District of Indiana, Social Media

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Broadcast Music Inc et al v. Trioak Inc. et al

Defendant played 12 songs in his Crown Point establishment, R House of Brews, without a license from BMI, one of three main performance royalty organizations (along w/ ASCAP and SESAC). BMI claims to be caused “great” and “incalculable” damage. Actually, it’s probably about $0.25/song in the jukebox, but we know what they’re saying. While BMI seems like a cranky giant, it’s actually doing this on behalf of all of the artists it represents. Otherwise, nobody collects money and artists have to bring these lawsuits themselves.

Here are the songs allegedly infringed (listen to FULL PLAYLIST):

  1. Bye Bye Love – Everly Brothers
  2. A Country Boy Can Survive – Hank Williams Jr.
  3. Gimme Three Steps – Lynyrd Skynyrd
  4. Midnight Rider – Allman Brothers
  5. Rocky Mountain Way – Joe Walsh
  6. Take Me To The River – Al Green
  7. Who’ll Stop the Rain – Creedence Clearwater Revival
  8. She Thinks My Tractor’s Sexy – Kenny Chesney
  9. Loser – Three Doors Down
  10. Ring of Fire – Johnny Cash
  11. I Love This Bar – Toby Keith
  12. Gunpowder and Lead – Miranda Lambert

Court Case Number: 2:10-cv-00380-JVB -PRC
File Date: Tuesday, September 28, 2010
Plaintiff: Broadcast Music Inc
House of Bryant Publications LLC
Bocephus Music Inc
Songs of Universal Inc
EMI Virgin Songs Inc
Elijah Blue Music
Unichappell Music Inc
Barn-Storm Music Inc
Belkin Music
Al Green Music Inc
Rondor Music International Inc
Concord Music Group Inc
EMI Blackwood Music Inc
Scarlet Moon Music Inc
Jelinda Music
Escatawpa Songs
Painted Desert Music Corporation
Sony/ATV Songs LLC
Big Yellow Dog LLC
Tokeco Tunes
Nashville Star Music
Carnival Music Company
Plaintiff Counsel: Peter J. Prettyman of Taft Stettinius & Hollister LLP
Defendant: Trioak Inc., Anthony S. Robledo
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Paul R. Cherry

Indiana Trade Secret Litigation Update – Forest River Inc. v. Heartland Recreational Vehicles LLC

05 Tuesday Oct 2010

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Forest River Inc. v. Heartland Recreational Vehicles LLC

This lawsuit is the fourth pending matter between these parties. The lawsuit revolves around the alleged theft of a company’s full client/contact list. High-tech computer espionage? No. The “sales person then contacted a personal friend of his who was a sales employee at [Plaintiff] and asked that sales employee to get him a copy of the Master List.” D’oh.

Companies, do you have a trade secret policy and the proper mechanisms in place to protect your valuable, confidential information? If not, I can tell you it costs a lot less than a trade secret lawsuit.

Court Case Number: 3:10-cv-00409-JED-CAN
File Date: Wednesday, September 29, 2010
Plaintiff: Forest River Inc.
Plaintiff Counsel: Ryan M. Fountain of Law Offices of Ryan M. Fountain
Defendant: Heartland Recreational Vehicles LLC
Cause: Computer Fraud and Abuse, Unfair Competition, Tortious Interference, Conspiracy to Commit Criminal Mischief, Trademark Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Coach, Inc. v. TJ’s Handbags

28 Tuesday Sep 2010

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

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Coach, Inc. et al v. TJ’s Handbags

Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Scottsburg, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.

Related case: Coach, Inc. et al v. Diggz Clothing LLC et al

Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al

Related case: Coach Inc. v. Tom’s Treasure Chest

Leave a comment if you’d like a full copy of the complaint.

Court Case Number: 4:10-cv-00111-TWP-WGH
File Date: Wednesday, September 22, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: TJ’s Handbags & More, Teresa A. Jewell
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
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge William G. Hussmann, Jr.