Tag Archives: Christopher A. Nuechterlein

Indiana Copyright Litigation Update – BMI v. Olive’or Twist Bar

15 Tuesday Mar 2011

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

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Broadcast Music Inc et al v. Olive’or Twist Bar Inc. et al

Court Case Number: 3:11-cv-00112-JVB -CAN
File Date: Tuesday, March 15, 2011
Plaintiff: Broadcast Music Inc, Universal Songs of Polygram International Inc, Warner-Tamerlane Publishing Corp, Eleksylum Music Inc, No Surrender Music, Fourteenth Hour Music Inc, Springtime Music Inc, Cyandie Publishing, Songs of Universal Inc, Escatawpa Songs
Plaintiff Counsel: Christopher S. Riley of Barnes & Thornburg LLP
Defendant: Olive’or Twist Bar Inc., Lori A. Long
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Zimmer v. Ari Kresch

17 Thursday Feb 2011

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

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Zimmer Inc v. Ari Kresch et al

Court Case Number: 3:11-cv-00063-WCL -CAN

File Date: Wednesday, February 16, 2011

Plaintiff: Zimmer Inc
Plaintiff Counsel: Abigail M Butler, Angela K Hall, April Edwards Sellers, Joseph H Yeager, Jr., Kyle B Osting of Baker & Daniels
Defendant: Ari Kresch, Kresch/Oliver PLLC, Pulaski & Middleman LLC, Weller Green Toups & Terrell LLP, Kresch Legal Services PLC
Cause: Defamation, Tortious Interference with Business Relationships, False Advertising and Unfair Competition, Product Disparagement and Unfair Competition Under Common Law, Cybersquatting, Trademark Infringement, Unfair Competition and False Designation of Origin, Unfair Competition and Trademark Infringement Under Common Law
Court: Northern District of Indiana
Judge: Judge William C Lee
Referred To: Magistrate Judge Christopher A Nuechterlein

Indiana Copyright Litigation Update – Truth Publishing Company Inc. v. Kristopher C. Campbell

17 Monday Jan 2011

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

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Truth Publishing Company Inc. v. Kristopher C. Campbell

Plaintiff operates a daily newspaper called THE ELKHART TRUTH in Elkhart, Indiana. Defendant publishes a periodical called I.C.U. (Indiana Criminals Uncovered) MUG SHOTS. I.C.U. MUG SHOTS apparently copies news stories relating to crime and arrests directly from Plaintiff’s paper and sells the reprints for $1.50 a copy in Elkhart.

I can see why The Elkhart Truth would get tired of sending out its reporters to dig up info only to have another local paper photocopy their stories and republish. But, on some levels, isn’t Defendant doing a public service by helping spread information about criminals? Defendant certainly considered the copyright issues, as he included the following disclaimer:

“The information provided by Indiana Criminal Uncovered (ICU) Mugshots is of public record in accordance with Indiana Code 5-14-3-5. The information relates only to arrest, bookings, and preliminary charges. It does not address guilty pleas, convictions, or criminal sentences. All persons in this publication are innocent until provent guilty”

Whether the disclaimer can protect him will be determined by this lawsuit.

Defendant is running the old-school equivalent of a criminal law blog, which of course requires a little money for printing and distribution. Defendant is correct that mug shots and arrest records are public information. However, it appeared that Defendant copied the articles directly and distributed the reprints in the same geographic market, Elkhart.

While it’s likely that some people may not buy the Truth if they can get crime news from Defendant, there is apparently a wholly separate market of people who want crime stories but not the rest of the news content contained in a regular issue of the Truth. If so, Defendant may be able to continue to serve this audience, but will probably want to do more of his own fact-finding and reporting.

Court Case Number: 3:11-cv-00017-JD-CAN
File Date: Thursday, January 13, 2011
Plaintiff: Truth Publishing Company Inc.
Plaintiff Counsel: Steven M. Badger of Bose McKinney & Evans LLP
Defendant: Kristopher C. Campbell
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Knox Fertilizer Company Inc. v. Appeal of a Decision by the Trademark Trial & Appeal Board

26 Tuesday Oct 2010

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

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Knox Fertilizer Company Inc. v. Appeal of a Decision by the Trademark Trial & Appeal Board

If a trademark applicant is denied federal registration by a trademark examiner at the U.S. Trademark Office, that denial may be appealed to the Trademark Trial & Appeal Board (“TTAB”). Decisions of the TTAB may, in turn, be appealed to a United States district court.  Plaintiff in this matter has appealed the TTAB’s decision to uphold denial of its PLATINUM TURF FERTILIZER mark (the mark was denied registration based on a likelihood of confusion with a registered PLATINA mark for fertilizers and plant growth regulators).

Rather than cut their losses and proceed with a rebrand to a non-confusing, less generic and probably stronger trademark, the Plaintiff/Applicant has instead decided to hire a team of litigators and see whether a federal court can do a better job at trademark examination than the Trademark Office. I’ll keep you updated.

Court Case Number: 3:10-cv-00422-JVB -CAN
File Date: Wednesday, October 13, 2010
Plaintiff: Knox Fertilizer Company Inc.
Plaintiff Counsel: Daniel Tychonievich, Edward A. Sullivan III, Larry E. LaTarte Jr. of Baker & Daniels
Defendant: Appeal of a Decision by the Trademark Trial & Appeal Board
Cause: No Likelihood of Confusion
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trade Secret Litigation Update – Forest River Inc. v. Heartland Recreational Vehicles LLC

05 Tuesday Oct 2010

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

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Forest River Inc. v. Heartland Recreational Vehicles LLC

This lawsuit is the fourth pending matter between these parties. The lawsuit revolves around the alleged theft of a company’s full client/contact list. High-tech computer espionage? No. The “sales person then contacted a personal friend of his who was a sales employee at [Plaintiff] and asked that sales employee to get him a copy of the Master List.” D’oh.

Companies, do you have a trade secret policy and the proper mechanisms in place to protect your valuable, confidential information? If not, I can tell you it costs a lot less than a trade secret lawsuit.

Court Case Number: 3:10-cv-00409-JED-CAN
File Date: Wednesday, September 29, 2010
Plaintiff: Forest River Inc.
Plaintiff Counsel: Ryan M. Fountain of Law Offices of Ryan M. Fountain
Defendant: Heartland Recreational Vehicles LLC
Cause: Computer Fraud and Abuse, Unfair Competition, Tortious Interference, Conspiracy to Commit Criminal Mischief, Trademark Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein