Indiana Copyright Litigation Update: Baals LLC v. Pro Service Cleaning FW LLC

16 Tuesday Jun 2015

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

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Baals LLC organizes the Baals Music Festival, a Fort Wayne event occurring annually since 2012. Baals (named for former mayor, Harry Baals) alleges that the defendants, Electric Promotions and Desiar, started organizing similar events in Fort Wayne after seeing the success of the Baals Music Festival. Baals claims that the defendants are using promotional materials that bear striking resemblance to Baals’. They further claim that the defendants are using promotional photographs and videos owned by Baals despite multiple requests to cease.

Baals LLC v. Pro Service Cleaning FW LLC et al

Court Case Number: 1:15-cv-00148-JVB-SLC
File Date: Monday, June 15, 2015
Plaintiff: Baals LLC
Plaintiff Counsel: Daniel D. Bobilya, Brandon J. Almas of Bonahoom & Bobilya LLC
Defendant: Pro Service Cleaning FW LLC, Desiar Eyewear LLC
Cause: Unfair Competition, False Designation of Origin, Copyright Infringement, Unjust Enrichment
Court: Northern District of Indiana
Judge: Judge Joseph S Van Bokkelen
Referred To: Magistrate Judge Susan L Collins

Indiana Trademark Litigation Update – HRHH Hotel/Casino v. Bella Vita

21 Thursday May 2015

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

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The Hardrock Hotel and Casino has been hosting a popular daytime party, The Rehab Pool Party, since 2004. Plaintiffs own multiple trademarks referring to daytime parties, and the Rehab name and logo. For the past few years, Bella Vita Lakeside restaurant and bar in Indianapolis has hosted weekly pool parties called “Rehab+ Sundays.” Plaintiffs allege that Defendant’s party logo is confusingly similar to Plaintiffs’ owned trademarks. In fact, a local blog claimed “Bella Vita borrowed the “Rehab” theme from the Hard Rock Hotel and Casino.” Plaintiffs allege that Defendants have refused to cease their infringing use and intend to continue to organize and host the “Rehab+ Sundays” pool parties in the Summer of 2015.

HRHH Hotel/Casino LLC et al v. Bella Vita LLC et al

Court Case Number: 1:15-cv-00791-WTL-MJD
File Date: Wednesday, May 20, 2015
Plaintiff: HRHH Hotel/Casino LLC, HRHH IP, LLC
Plaintiff Counsel: Gregory F. Hahn, Craig E. Pinkus of Bose McKinney & Evans LLP
Defendant: Bella Vita LLC, Henri B. Najem
Cause: False Designation of Origin and Unfair Competition, Trademark Infringement, Dilution, Unfair Competition
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Concert Photographer File Another Copyright Lawsuit over Violation of Creative Commons License

01 Wednesday Apr 2015

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

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Larry Philpot has filed another suit over alleged use of a photograph of Willie Nelson (related cases here, here, and here). In addition to infringement, Philpot is also claiming that defendant intentionally removed his copyright management information from the photograph.

Larry G. Philpot v. Gray Television, Inc. et al

Court Case Number: 3:15-cv-00145-JD-CAN
File Date: Tuesday, March 31, 2015
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Gray Television, Inc., Gray Television Group, Inc.
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Christopher A Nuechterlein

Indiana Trade Secret Litigation Update – Precision Drone v. Channel Masters

24 Tuesday Mar 2015

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

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Precision Drone, LLC designs and makes drones and software for use by farmers to monitor crops. According to the Complaint (see below), in September 2014, Precision made a deal with Channel Masters, LLC for Channel to purchase and resell the PaceSetter™ Drone in exchange for a commission on each drone and related parts sold. Precision gave Channel a demonstration drone and training manual and trained Channel’s agents on the use of the PaceSetter drone. As part of the Service Agreement, Channel agreed to not disclose confidential information and signed a non-compete. According to Precision’s complaint, Channel began working for AgriImage, a direct competitor in the agricultural drone market, and began promoting AgriImage drones instead of Precision drones.

At the Nebraska Power Farming Show in December 2014, Precision saw Channel’s agent, Tom Owen, using Precision images, training manual, and sales pitch to resell AgriImage drones. A picture of Mr. Owen using an image and “working the AgriImage booth” is Exhibit C in the court documents embedded below. Then, the very next day after the Nebraska farm show, Channel sent Precision a letter attempting to terminate the Service Agreement without cause. Precision has responded by filing a lawsuit for Breach of Contract and Misappropriation of Trade Secrets.

Precision Drone LLC v. Channel Masters LLC

Court Case Number: 1:15-cv-00476-LJM-TAB
File Date: Monday, March 23, 2015
Plaintiff: Precision Drone LLC
Plaintiff Counsel: John Stephen Terry, Russell B. Cate, and William Edwin Wendling, Jr., of Campbell Kyle Proffitt, LLP
Defendant: Channel Masters LLC
Cause: Breach of Contract, Misappropriation of Trade Secrets
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Tim A. Baker