26 Wednesday Sep 2012
A third Motion to Quash has been filed in the “Busty Construction Girls” BitTorrent lawsuit. Additionally, Judge Tanya Walton Pratt has stricken the first Motion to Quash for containing numerous filing errors. That Doe did not refile by the 9/18 refile deadline and has been identified in the case documents.
Motion to Quash or Modify Subpoena:
22 Saturday Sep 2012
Posted in Intellectual Property
Tags
Breach of the License Agreement, Christopher A. Nuechterlein, Contributory Infringement, Copyright Infringement, Litigation Update, Misappropriation of Trade Secrets, Robert L. Miller
Court Case Number: 3:12-cv-00541-RLM-CAN
File Date: Friday, September 21, 2012
Plaintiff: Infor (Barneveld) BV
Plaintiff Counsel: John D. LaDue, John A. Drake of LaDue Curran & Kuehn LLC
Defendant: Micromatic LLC
Cause: Copyright Infringement, Contributory Copyright Infringement, Breach of the License Agreement, Misappropriation of Trade Secrets
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Christopher A. Nuechterlein
22 Saturday Sep 2012
Tags
Breach of Contract, Declaratory Judgment, Jon E. DeGuilio, Northern District of Indiana, Roger B. Cosbey
Court Case Number: 1:12-cv-00330-JD-RBC
File Date: Friday, September 21, 2012
Plaintiff: Micromatic LLC
Plaintiff Counsel: Jeremy J Grogg, Michael A Barranda of Burt Blee Dixon Sutton & Bloom LLP
Defendant: Infor Global Solutions Michigan Inc
Cause: Declaratory Judgment (No Breach of Contract)
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Roger B. Cosbey
20 Thursday Sep 2012
Tags
Batman, Christopher A. Nuechterlein, Common Law Unfair Competition, Litigation Update, Philip P. Simon, Trademark Infringement, Unfair Competition
Here’s a fun case. Plaintiff, an Indiana corporation, has sold security software under the mark CLEAN SLATE since 2000. In Defendant Warner Bros’ latest Batman movie, The Dark Knight Rises, Batman promises to obtain a software program called CLEAN SLATE that will erase a person’s criminal history from every computer database in the world. This has apparently caused hundreds of internet references for the fictional movie software, to which Plaintiff objects.
What do you think is the likely outcome of this case? Can it survive a Motion to Dismiss? Is Warner Bros really using CLEAN SLATE as a trademark?
It also shines a spotlight on that magic moment in the marketing department where an invention titled “Targeted Data Detection and Elimination Algorithm” becomes…CLEAN SLATE! [Note: The patent application is from movie promotional materials. It is not real.]
Court Case Number: 3:12-cv-00535-PPS-CAN
File Date: Wednesday, September 19, 2012
Plaintiff: Fortres Grand Corporation
Plaintiff Counsel: Christopher R. Putt of May Oberfell Lorber
Defendant: Warner Bros Entertainment Inc.
Cause: Trademark Infringement, Unfair Competition, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein
17 Monday Sep 2012
Posted in Copyright, Indiana, Litigation, Southern District of Indiana
Tags
BitTorrent, Busty Construction Girls, Litigation Update, Patrick Collins v. John Does 1-13, Tanya Walton Pratt
A second Motion to Quash has been filed in the “Busty Construction Girls” BitTorrent lawsuit. Additionally, Judge Tanya Walton Pratt has stricken the first Motion to Quash for containing numerous filing errors. That Defendant has until 9/18/12 to refile.
Motion to Quash or Modify Subpoena:
Exhibit A:
Indiana Intellectual Property Blog 