Stories from the Week that Was – 7/1/12-7/7/12

Plaintiff, Indian Industries, Inc. d/b/a Escalade Sports, owns the marketing rights to several popular sporting good products, including Stiga® ping pong tables, Harvard® air hockey tables and the Goalrilla® basketball goal. Defendant, Gnarly Sporting Goods, is an alleged rogue online retail website, purporting to sell Plaintiff’s products. However, Plaintiff claims Defendant is not an authorized dealer and, apparently, doesn’t even sell the products but rather just lists them with below-market prices. In the Complaint (below), Plaintiff speculates that Defendant’s website is “for the purpose of forcing authorized distributors and authorized retailers with price matching policies to sell to consumers at artificially low prices.”

Leave a comment below if you or your company has dealt with a similar situation with a rogue online site.

Indian Industries d/b/a Escalade Sports v. John Doe d/b/a Gnarly Sporting Goods

Court Case Number:   1:12-cv-00900-RLY-TAB
File Date:   Friday, June 29, 2012
Plaintiff:   Indian Industries, Inc. d/b/a Escalade Sports
Plaintiff Counsel:   Charles Johnson Meyer, William A. McKenna of Woodard, Emhardt, Moriarty, McNett & Henry, LLP
Defendant:   John Doe d/b/a Gnarly Sporting Goods
Cause:    Trademark Infringement, False Advertising, Unfair Competition
Court:   Southern District of Indiana
Judge:   Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

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Stories from the Week that Was – 6/24/12-6/30/12

01 Sunday Jul 2012

Posted by Kenan Farrell in Indiana, Litigation, Stories from the Week that Was, Supreme Court, Tech Developments, Trademark

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FTC, MySpace, Nike

Here are the top stories I followed this week:

Indiana Court Upholds Social Media Ban for Sex Offenders

USPTO seeks to intervene in publisher’s copyright infringement suit against law firm

FTC v. Myspace Part II – The Takeaways

U.S. Supreme Court to hear Nike trademark case

“As far as I’m concerned, progress peaked with frozen pizza.” -Die Hard 2, spoken by the character John McClane

Indiana Court Upholds Social Media Ban for Sex Offenders

25 Monday Jun 2012

Posted by Kenan Farrell in Bloggers, Indiana, Legislation, Litigation, Social Media, Southern District of Indiana

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Litigation Update, Mark J. Dinsmore, Tanya Walton Pratt

A recent ruling from the Southern District of Indiana is making news around the country. Despite a challenge by the ACLU, an Indiana law that bans sex offenders from various social media sites has been upheld. Indiana’s law is similar to laws being challenged in other states. The ACLU has promised an appeal to this ruling, so stay tuned for more.

A national civil rights group said Sunday it would appeal a federal judge’s decision to uphold an Indiana law that bans registered sex offenders from accessing Facebook and other social networking sites used by children.

On Friday, Judge Tanya Walton Pratt said in an 18-page order that the state has a strong interest in protecting children and that the rest of the Internet remains open to those who have been convicted.

“Social networking, chat rooms, and instant messaging programs have effectively created a ‘virtual playground’ for sexual predators to lurk,” Pratt wrote in the ruling, citing a 2006 report by the National Center for Missing and Exploited Children that found that one in seven youths had received online sexual solicitations and one in three had been exposed to unwanted sexual material online. ABC News

Below are the ruling and original complaint:

DOE v. PROSECUTOR, MARION COUNTY, INDIANA
1:12-cv-00062-TWP-MJD

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Indiana Trademark Litigation Update – Century 21 Real Estate v. Realty Group I

24 Sunday Jun 2012

Posted by Kenan Farrell in Indiana, Litigation, Southern District of Indiana, Trademark

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Audit Demand/Accounting, Breach of Contract, Breach of Franchise Agreements, Common Law Unfair Competition, Debra McVicker Lynch, False Advertising, False Designation of Origin, Litigation Update, Trademark Dilution, Trademark Infringement, Unjust Enrichment, William T. Lawrence

Century 21 Real Estate, LLC v. Realty Group I, LLC f/d/b/a Century 21 Realty Group I et al

Court Case Number:   1:12-cv-00862-WTL-DML
File Date:   Thursday, June 21, 2012
Plaintiff:   Century 21 Real Estate, LLC
Plaintiff Counsel:   Patrick F. Moran of Gordon & Rees LLP
Defendant:   Realty Group I, LLC f/d/b/a Century 21 Realty Group I, Realty Group McCoun/82nd Street, LLC f/d/b/a Century 21 Realty Group, Kevin Kirkpatrick, John Dick, Phillip McCoun
Cause:    Trademark Infringement, False Designation of Origin, False Advertising, Trademark Dilution, Common Law Unfair Competition, Breach of Contract, Audit Demand/Accounting, Unjust Enrichment
Court:    Southern District of Indiana
Judge:   Judge William T. Lawrence
Referred To: Magistrate Judge Debra McVicker Lynch

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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Stories from the Week that Was – 7/1/12-7/7/12

Indiana Trademark Litigation Update – Indian Industries d/b/a Escalade Sports v. Gnarly Sporting Goods

Indian Industries d/b/a Escalade Sports v. John Doe d/b/a Gnarly Sporting Goods

Stories from the Week that Was – 6/24/12-6/30/12

Indiana Trademark Litigation Update – Century 21 Real Estate v. Realty Group I

Century 21 Real Estate, LLC v. Realty Group I, LLC f/d/b/a Century 21 Realty Group I et al