Indiana Trademark Litigation Update – Noble Roman’s v. Sahara Sam’s Indoor Water Park

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Noble Roman’s Inc. v. Sahara Sam’s Indoor Water Park, LLC

Court Case Number: 1:14-cv-00500-SEB-MJD
File Date: Tuesday, April 01, 2014
Plaintiff: Noble Roman’s Inc.
Plaintiff Counsel: Steven K. Huffer of S.K. Huffer & Associates PC
Defendant: Sahara Sam’s Indoor Water Park, LLC
Cause: Trademark Infringement, Breach of Contract, Fraud, Injunctive Relief
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

 

Indiana Trademark Litigation Update – Darryl D. Agler v. Westheimer Corporation

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Alleged Infringing Product - Exhibit F to Complaint

Alleged Infringing Product – Exhibit F to Complaint

Plaintiff is a custom guitar-maker from Fort Wayne, Indiana. He has sold his high-quality guitars under the registered STRATOTONE trademark since 2007.

Plaintiff’s high-end guitars are “painstakingly hand-crafted from the wood of a customer’s choosing and features vintage hardware and pick-ups.” They generally retail for above $1,250. Defendant has allegedly flooded the market with lower quality, cheaper (between $200-400) guitars that bear the STRATOTONE Mark. Plaintiff discovered the infringing products at a NAMM show in 2010, where he confronted Defendant’s personnel.

Defendant, based in Illinois, attempted to file its own trademark application for STRATOTONE in December 2012 but was rejected based on Plaintiff’s registration. In response, Defendant has attempted to cancel Plaintiff’s registration and Plaintiff has brought this lawsuit.

Darryl D. Agler v. Westheimer Corporation

Court Case Number: 1:14-cv-00099
File Date: Thursday, March 27, 2014
Plaintiff: Darryl D. Agler
Plaintiff Counsel: Louis T. Perry, Amie P. Carter of Faegre Baker Daniels LLP
Defendant: Westheimer Corporation
Cause: Federal Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Trademark Counterfeiting, Common Law Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment, Conversion, Deception, Indiana Crime Victim’s Relief Act
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Roger B. Cosbey

Wounded Warrior lawsuit against Indiana Veteran transferred to Northern District

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This case transferred in to the Northern District of Indiana from the Southern District based on venue considerations.

Court Case Number: 1:14-cv-00075-PPS-CAN
File Date: Thursday, March 13, 2014
Plaintiff: Wounded Warrior Project Inc.
Plaintiff Counsel: John P. Passarelli, Maggie L. Cox, Matthew S. Noren of Kutak Rock LLP, Jessica M. Lindemann of Barnes & Thornburg LLP
Defendant: Help Indiana Vets Inc., Dean M. Graham
Cause: Trademark Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein
Notes: Case transferred in from Southern District of Indiana; Case Number 1:13-cv-01857

Indiana Copyright Litigation Update – Union Hospital v. Attachmate Corporation

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Plaintiff has been licensing software from Defendant for about 16 years. In response to claims by Defendant that Plaintiff has exceeded the terms of the license (and a corresponding demand for $2 million in compensatory fees/damages), Plaintiff brings this action for declaratory judgment of non-infringement.

Union Hospital, Inc. v. Attachmate Corporation

Court Case Number: 2:14-cv-00045-JMS-WGH
File Date: Wednesday, February 19, 2014
Plaintiff: Union Hospital, Inc.
Plaintiff Counsel: Stephen E. Reynolds, Michael A. Wukmer of Ice Miller LLP
Defendant: Attachmate Corporation
Cause: Declaratory Judgment on Copyright Infringement Claims, Declaratory Judgment on Copyright Infringement Claims for Unregistered Copyrights, Declaratory Judgment on Breach of Contract Claims
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Cybersquatting Litigation Update – Rieth-Riley Construction v. Superior Asphalt

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Plaintiff and Defendant are competitors in the asphalt manufacturing, supplying, paving and maintenance business. Defendant purchased the domain name Rieth-Riley.net, which includes Plaintiff’s registered trademark, and used that domain name to direct traffic to their own website, SuperiorAsphalt.com. Defendant also offered to sell the domain name to Plaintiff for $10,000.

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Rieth-Riley Construction Co., Inc. v. Jeffrey Kresnak et al

Court Case Number: 3:14-cv-00280-RL-CAN
File Date: Wednesday, February 12, 2014
Plaintiff: Rieth-Riley Construction Co., Inc.
Plaintiff Counsel: D. Michael Anderson of Barnes & Thornburg LLP
Defendant: Jeffrey Kresnak, Superior Asphalt, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, Cyberpiracy
Court: Northern District of Indiana
Judge: Judge Rudy Lozano
Referred To: Magistrate Judge Christopher A. Nuechterlein