Tag Archives: Breach of Contract

Indiana Copyright Litigation Update – Pamela Mougin v. French Lick Resorts and Casino

12 Wednesday Oct 2011

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

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Pamela Mougin v. French Lick Resorts and Casino LLC et al

Court Case Number: 1:11-cv-01367-TWP-MJD
File Date: Tuesday, October 11, 2011
Plaintiff: Pamela Mougin
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: French Lick Resorts and Casino LLC, Worth Group, John Does 1-10
Cause: Copyright Infringement, Violation of Visual Artists Rights, Breach of Contract, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore

Amended Complaint:

 

Stipulated Order of Dismissal:

Indiana Trademark Litigation Update – Century 21 v. Realty One Limited

12 Wednesday Oct 2011

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

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Century 21 Real Estate, LLC v. Realty One Limited et al

Court Case Number: 2:11-cv-00269-WTL-MJD
File Date: Tuesday, October 11, 2011
Plaintiff: Century 21 Real Estate, LLC                                                                                              
Plaintiff Counsel: Ryan T. Brown of Gordon & Rees LLP
Defendant: Realty One Limited
Steven Ault
Cause: Trademark Infringement, Breach of Contract, Common Law Unfair Competition, False Designation of Orgin, Trademark Dilution, Audit Demand/Accounting and Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana Trademark Litigation Update – Century 21 Real Estate v. Destiny Real Estate Properties

06 Wednesday Jul 2011

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

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Century 21 Real Estate LLC v. Destiny Real Estate Properties LLC et al

Century 21 Real Estate has filed a complaint against Destiny Real Estate Properties, formerly doing business as Century 21 Destiny Real Estate, and owner Daniel Sutton.

The two companies entered a franchise agreement in 1999.  The agreement was renewed in 2007 and was set to extend through 2017.  In March, 2011, a franchise agreement between the two companies was terminated due to a failure by Destiny to pay royalties.  Despite this termination, Destiny is alleged to have, against prior franchise agreements, “continued to flagrantly use the CENTURY 21® Marks to induce the public to use real estate services provided by their real estate brokerage office under the guise of a continuing association with Century 21…”

As of this post, the Destiny Real Estate website is still using the Century 21 logo and still displays the company’s former name, Century 21 Destiny Real Estate.

Court Case Number: 4:11-cv-00038-JD -APR
File Date: Wednesday, July 06, 2011
Plaintiff: Century 21 Real Estate LLC
Plaintiff Counsel: Ryan T. Brown of Gordon & Rees LLP
Defendant: Destiny Real Estate Properties LLC, Daniel Sutton
Cause: Trademark Infringement, False Designation of Origin/False Advertising, Trademark Dilution, Common Law Unfair Competition, Breach of Contract: Franchise Agreement, Breach of Contract – Personal Guaranty, Audit Demand/Accounting, Unjust Enrichment
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Andrew P. Rodovich

Indiana Copyright Litigation Update – Susan Lynch v. Math-U-See

04 Saturday Jun 2011

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

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Susan Lynch et al v. Math-U-See Inc et al

Court Case Number: 3:11-cv-00233-JD -CAN
File Date: Friday, June 03, 2011
Plaintiff: Susan Lynch, Math-U-See Indiana Inc, Lisa Angle, Jim Angle
Plaintiff Counsel: Brent E Inabnit, Joshua A Visser of Sopko Nussbaum Inabnit & Kaczmarek
Defendant: Math-U-See Inc, Steven Demme, Ethan Demme
Cause: Breach of Contract, Breach of Good Faith, Breach of Fiduciary Duty, Violation of the Indiana Franchise Act, Violation of Illinois Franchise Act, Violation of the Idaho Unfair Trade Practices Act, Violation of Illinois Unfair Trade Practices Act, Violation of Tennessee Unfair Trade Practices Act, Violation of Law 75 of Puerto Rico, Tortious Interference with Contract, Tortious Interference with Prospective Business Relations, Wrongful Conversion of Customer List, Promissory Estoppel, Unjust Enrichment/Quantum Meruit, Copyright Infringement, Accounting,
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Trufoods v. Michael Rigdon

01 Friday Apr 2011

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

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Trufoods, LLC v. Michael Rigdon et al

Court Case Number: 1:11-cv-00446-JMS-TAB
File Date: Friday, April 01, 2011
Plaintiff: Trufoods, LLC
Plaintiff Counsel: Bart A. Karwath, Jennifer Lynn Schuster of Barnes & Thornburg LLP
Defendant: Michael Rigdon, Cathrine Hendryx, Premier Food Services, LLC
Cause: Registered Trademark Infringement, Common Law Trademark Infringement, Trade Dress Infringement, Unfair Competition Under Indiana Common Law, Breach of Contract
Court: Southern District of Indiana 
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker