Indiana man ordered to pay over $150,000 in download case

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The first of the Indiana download cases has proceeded to a Final Judgment and the damage amount awarded by Judge Jane Magnus-Stinson won’t please the hundreds of other Indiana defendants still facing a default judgment. After he failed to present a defense to the illegal download of “Maryjane’s Second Visit”, a Default Judgment was entered against the Defendant. The damage award, which includes the maximum allowable copyright damages, tallied in at $151,425. No matter your view on pornography or copyright infringement, that’s a pretty steep fine for the digital equivalent of sneaking in the back door of a nudie show.

What do you think of the judgment? Did the Judge apply discretion in awarding the maximum amount? Either way, Judge Magnus-Stinson has now provided the other Indiana download defendants with an upper limit on how much they should spend on a defense.

Indiana Trademark Litigation Update – Robert Payne v. Northern Tool & Equipment Company

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Robert Payne v. Northern Tool & Equipment Company Inc. et al

Court Case Number: 2:13-cv-00109-JD-APR
File Date: Wednesday, March 27, 2013
Plaintiff: Robert Payne
Plaintiff Counsel: Edward R. Hall of Law Office of Edward Hall
Defendant: Northern Tool & Equipment Company Inc., Northern Tool & Equipment Catalog Company
Cause: Trademark Infringement False Description of Origin, Palming Off and False Advertising; Unfair Competition by Infringement of Common Law Rights; Breach of Contract; Injunction
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Andrew P Rodovich

Indiana Trademark Litigation Update – Robert Payne v. Bucket Solutions

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Robert Payne v. Bucket Solutions LLC

Court Case Number: 2:13-cv-00110-TLS-APR
File Date: Wednesday, March 27, 2013
Plaintiff: Robert Payne
Plaintiff Counsel: Edward R Hall of Law Office of Edward Hall
Defendant: Bucket Solutions LLC
Cause: Trademark Infringement False Description of Origin, Palming Off and False Advertising; Unfair Competition by Infringement of Common Law Rights; Injunction Relief
Court: Northern District of Indiana
Judge: Judge Theresa L Springmann
Referred To: Magistrate Judge Andrew P Rodovich

Indiana Trademark Litigation Update – Royal Purple v. Liqui Moly GmbH

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Here’s an interesting case involving a color trademark. Plaintiff Royal Purple, based in Indianapolis, owns several trademark registrations for the color purple  in connection with high-performance lubricants. The Defendant, German-based Liqui Moly, is accused of selling lubricants with containers/packaging that is purple.

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Royal Purple LLC v. Liqui Moly GmbH

Court Case Number: 1:13-cv-00492-SEB-DML
File Date: Friday, March 22, 2013
Plaintiff: Royal Purple LLC
Plaintiff Counsel: Deborah Pollack-Milgate, Olivia M. Fleming of Barnes & Thornburg LLP
Defendant: Liqui Moly GmbH
Cause: Trademark Infringement; Unfair Competition, False Designation of Origin; Dilution; Common Law Trademark Infringement; Common Law Unfair Competition; Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Copyright Litigation Update – Malibu Media LLC v. John Doe (99)

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Malibu Media LLC v. John Doe

Court Case Number: 2:13-cv-00099-RLM-APR
File Date: Thursday, March 14, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Andrew P. Rodovich