Tag Archives: Breach of Contract

Artist sues Boat Dealer over Breach of License

12 Monday Sep 2016

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

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Pursuant to an agreement, Plaintiff created and applied artwork to a limited number of Defendant’s boats.

Defendant is alleged to have continued selling boats with substantially similar artwork outside the terms of the original license.

The Art of Design, Inc. v. Pontoon Boat, LLC et al

Court Case Number: 3:16-cv-00595-JVB-JEM
File Date: Tuesday, September 6, 2016
Plaintiff: The Art Of Design, Inc.
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Pontoon Boat, LLC d/b/a Bennington and Bennington Marine, Hawkeye Boat Sales
Cause: Breach of Contract, Unjust Enrichment, Copyright Infringement, Unfair Competition, Inducing Copyright Infringement, Violations of DMCA
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: John E. Martin

Complaint:

Exhibit A:

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Piston Ring Manufacturers Litigate Alleged Violation of Nondisclosure Agreement

05 Tuesday Jan 2016

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

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Precision Rings, Inc. v. Wrightspeed, Inc.

Court Case Number:1:15-cv-01957-SEB-DML
File Date: Friday, December 11, 2015
Plaintiff: Precision Rings, Inc.
Plaintiff Counsel: George A. Gasper, Mark R. Alson of Ice Miller LLP
Defendant: Wrightspeed, Inc.
Cause: Declaratory Judgment, Injunctive Relief, Breach of Contract
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Complaint:

Defendant’s Brief in Support of Rule 12(b)(6) Motion to Dismiss:

Indiana Trade Secret Litigation Update – Precision Drone v. Channel Masters

24 Tuesday Mar 2015

Posted by in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Secret

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Precision Drone, LLC designs and makes drones and software for use by farmers to monitor crops. According to the Complaint (see below), in September 2014, Precision made a deal with Channel Masters, LLC for Channel to purchase and resell the PaceSetter™ Drone in exchange for a commission on each drone and related parts sold. Precision gave Channel a demonstration drone and training manual and trained Channel’s agents on the use of the PaceSetter drone. As part of the Service Agreement, Channel agreed to not disclose confidential information and signed a non-compete. According to Precision’s complaint, Channel began working for AgriImage, a direct competitor in the agricultural drone market, and began promoting AgriImage drones instead of Precision drones.

At the Nebraska Power Farming Show in December 2014, Precision saw Channel’s agent, Tom Owen, using Precision images, training manual, and sales pitch to resell AgriImage drones. A picture of Mr. Owen using an image and “working the AgriImage booth” is Exhibit C in the court documents embedded below. Then, the very next day after the Nebraska farm show, Channel sent Precision a letter attempting to terminate the Service Agreement without cause. Precision has responded by filing a lawsuit for Breach of Contract and Misappropriation of Trade Secrets.

Precision Drone LLC v. Channel Masters LLC

Court Case Number: 1:15-cv-00476-LJM-TAB
File Date: Monday, March 23, 2015
Plaintiff: Precision Drone LLC
Plaintiff Counsel: John Stephen Terry, Russell B. Cate, and William Edwin Wendling, Jr., of Campbell Kyle Proffitt, LLP
Defendant: Channel Masters LLC
Cause: Breach of Contract, Misappropriation of Trade Secrets
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Tim A. Baker

Indiana Copyright Litigation Update – Lake Lite v. Universal Forest Products et al

27 Monday Oct 2014

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

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This lawsuit arises from Defendants’ alleged infringement of copyrights and patents, as well as unauthorized use and misappropriation of Plaintiff’s trade secrets.

Lake Lite Inc. v. Universal Forest Products, Inc. et al

Court Case Number: 1:14-cv-00337
File Date: Friday, October 24, 2014
Plaintiff: Lake Lite Inc.
Plaintiff Counsel: Michael S. McIntyre
Defendant: Universal Forest Products, Inc., Universal Consumer Products, Inc., Maine Ornamental, LLC
Cause: Copyright Infringement, Patent Infringement, Breach of Contract, Breach of Implied Duty of Good Faith and Fair Dealing, Violation of Indiana Uniform Trade Secret Act, Unjust Enrichment
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Roger B. Cosbey

Complaint:

Indiana Trademark Litigation Update – Burns Rent-Alls v. Michael Sharpe et al

17 Friday Oct 2014

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

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Defendants have allegedly registered and used domain names confusingly similar to Plaintiff’s BURNS RENT-ALLS trademark. The subject domain names are (i) burnspartyrentall.com; (ii) burnspartyrental.com; and (iii) burnsrentall.com.

Burns Rent-Alls, Inc. v. Michael Sharpe et al

Court Case Number: 3:14-cv-01958
File Date: Wednesday, October 15, 2014
Plaintiff: Burns Rent-Alls, Inc.
Plaintiff Counsel: D. Michael Anderson of Barnes & Thornburg LLP
Defendant: Michael Sharpe, Aays Rent-All Co., Inc.
Cause: Unfair Competition, Cyberpiracy, Breach of Contract
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

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

03 Thursday Apr 2014

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

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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 – Noble Roman’s v. B & MP

13 Thursday Feb 2014

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

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This lawsuit involves a franchise arrangement gone bad. Plaintiff Noble Roman’s, an Indianapolis-based corporation, alleges that Defendant breached their Franchise Agreement by failing to pay royalties as required and intentionally misreported sales for the purposes of avoiding payment of franchise fees.

Noble Roman’s Inc. v. B & MP, LLC et al

Court Case Number: 1:14-cv-00206-WTL-MJD
File Date: Wednesday, February 12, 2014
Plaintiff: Noble Roman’s Inc.
Plaintiff Counsel: Steven K. Huffer of S.K. Huffer & Associates PC
Defendant: B & MP, LLC, Leslie Perdriau
Cause: Trademark Infringement, Breach of Contract, Fraud
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana Copyright Litigation Update – Redwall Live v. ESG Security

26 Tuesday Nov 2013

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

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Redwall Live Corporation v. ESG Security, Inc.

Court Case Number: 1:13-cv-01849-SEB-DML
File Date: Thursday, November 21, 2013
Plaintiff: Redwall Live Corporation
Plaintiff Counsel: Steven G. Cracraft of Brannon Sowers & Cracraft PC
Defendant: ESG Security, Inc.
Cause: Copyright Infringement, Breach of Contract, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Windstream Technologies v. Rambo, LLC

06 Wednesday Nov 2013

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

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Here’s yet another tale of a dealer relationship gone bad. Plaintiff, a California company operating in North Vernon, Indiana, is a wind turbine manufacturer.  Defendant Rambo, LLC, located in Madison, Indiana, was contracted to provide component parts and act as an authorized dealer of Plaintiff’s products in certain territories.

See the Complaint below for the Plaintiff’s version of how things went wrong. Hopefully for the rest of us these parties can sort their differences soon and get back to providing more wind energy for Indiana.

Stay tuned for updates.

Windstream Technologies, Inc. v. Rambo, LLC et al

Court Case Number: 4:13-cv-00180-SEB-WGH
File Date: Tuesday, November 05, 2013
Plaintiff: Windstream Technologies, Inc.
Plaintiff Counsel: Matthew Wilder Lorch of Lorch Law Office, LLC
Defendant: Rambo, LLC, Rambo Montrow Corporation, Rick Keebler, Does 1 through 10
Cause: Federal Unfair Competition, Passing Off, Trademark Infringement, Breach of Contract, Interference with Contract and Prospective Economic Advantage
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr.