Indiana Copyright Litigation Update – Richard N. Bell v. Mark Arruda

16 Thursday May 2013

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

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Richard N. Bell v. Mark Arruda et al

Court Case Number: 1:13-cv-00800-TWP-DKL
File Date: Wednesday, May 15, 2013
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Cameron Tayler, Taylor Computer Systems, Insurance Concepts, Fred O’Brien, Indy Cleaning Pros, James Allen, Karen Allen, ForeclosureWarehouse.com, Inc., Shanna Cheatam, AILS, MAXXCLEAN LLC, HomeRoute, Infored Media, LLC, Redouane Chioua, American Auto Transport, National Communications Company, LLC, AboNet, Cities Online, Shelly Rupel, Ben McCann, Neil Cox, Mark Arruda
Cause: Copyright Infringement and Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Default Judgment of $37,371 Entered Against BitTorrent Download Defendants

15 Wednesday May 2013

Posted by in Copyright, Indiana, Litigation, Southern District of Indiana

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One month ago, Judge Jane Magnus-Stinson awarded the first default judgment in an Indiana download case. Judge Magnus-Stinson awarded the maximum allowable copyright damages for a total award of $151,425.

Today, Judge Sarah Evans Barker awarded a smaller default judgment against 3 defendants, in the amount of $37,371.66. Obviously, this is still a hefty award that many argue far outweighs any damage caused to Plaintiff by the unauthorized download of sixteen pornographic videos.

Here’s the pertinent language from the Default Judgment:

[Defendant] shall pay to Plaintiff the sum of $36,000.00 in statutory damages, as authorized under 17 U.S.C. § 504(c)(1), and $1,371.66 (which is one-third of $4,115.00) for attorneys’ fees and costs, as authorized under 17 U.S.C. § 505, making a total of $37,371.66.

For defendants in other Judge Barker download cases, this now sets an upper limit on how much they should spend on a legal defense or settlement.

Malibu Media, LLC v. John Does 1-23

Court Case Number:    1:12-cv-00841-SEB-DKL
File Date:    Monday, June 18, 2012
Plaintiff:     Malibu Media, LLC
Plaintiff Counsel:     Paul J. Nicoletti of Nicoletti & Associates, PLLC
Defendant:     John Does 1-23
Cause:    Copyright Infringement, Contributory Infringement
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana Copyright Litigation Update – Keystone Management Systems v. William Clyde Moore Jr.

12 Sunday May 2013

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

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Here’s 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.

Keystone Management Systems Inc. et al v. William Clyde Moore Jr. et al

Court Case Number: 1:13-cv-00735-SEB-DML
File Date: Monday, May 06, 2013
Plaintiff: Keystone Management Systems Inc., Lockridge Homes-Indianapolis LLC
Plaintiff Counsel: Paul J. Carroll of Mercer Belanger PC
Defendant: William Clyde Moore Jr., Carol Cooper
Cause: Copyright Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Trial Scheduled for Indiana’s First Keyword Advertising Case

09 Thursday May 2013

Posted by in Bloggers, Indiana, Intellectual Property, Litigation, Social Media, Tech Developments, Trademark

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Indiana’s first keyword advertising case is now set for trial. However, don’t hold your breath if you’re waiting for an answer to whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement. The Angie’s List/ServiceMagic trial won’t take place for over a year.

On May 6, a Scheduling Order set a bench trial for October 6, 2014 (at 9:30 AM in Room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker). A settlement conference was held  between the parties in February 2013 but no settlement was reached. Based on the importance of this question to the parties involved, I expect this case to go to trial, however long that may take.

In the meantime, you can review the Answer to Complaint and Answer to Counterclaims below. Stay tuned for updates.

DEFENDANT SERVICEMAGIC, INC.’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS:

ANGIE’S LIST’S ANSWER TO SERVICEMAGIC’S COUNTERCLAIMS:

Indiana Copyright Litigation Update – William James v. Tyler Perry

28 Sunday Apr 2013

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

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The case involves Tyler Perry’s new movie, Temptation. Plaintiff, an Indiana resident, alleges to have written a very similar screenplay that he gave to “an associate of Oprah Winfrey” a couple years ago to give to Perry. Plaintiff received no further contact regarding the script and learned of the similarities when Perry’s movie was promoted in early 2013. Plaintiff now seeks remuneration via a copyright infringement lawsuit.

Temptation involves “[a]n explosive romance about the seductive dangers of the forbidden, this film tells the provocative and sensual story of Judith, an ambitious married woman whose obsessive passion for a handsome billionaire leads to betrayal, danger and a choice that will forever alter the course of her life.”

William James v. Tyler Perry et al

Court Case Number: 2:13-cv-00139-RLM-PRC
File Date: Wednesday, April 24, 2013
Plaintiff: William James
Plaintiff Counsel: Darnail Lyles – Attorney at Law
Defendant: Tyler Perry, Tyler Perry Studios, Lions Gate Entertainment
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Paul R. Cherry