Tag Archives: Copyright Infringement

Indiana Copyright Litigation Update – BMI v. BerTee’s

15 Friday Jul 2011

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

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Broadcast Music Inc. et al v. BerTee’s Inc. et al

BMI has filed yet another copyright infringement complaint against a small town bar.  This time the defendant is Fortville, Indiana bar, BerTee’s Sports Café.

  This case is nearly identical (obviously with different songs and attributed publishing companies) to previous BMI led copyright infringement suits. Links to some of these are here, here and here. Named in the complaint are the following eight songs:

Jerry Williams – Givin’ It Up For Your Love
 Niles Rogers – Good Times
Rick Springfield – Jessie’s Girl
John Cafferty – On the Dark Side
Bradley Kirk Arnold – Kryptonite
Arrested Development – Tennessee
Alex Band – Wherever You Go
John Rzeznik – Name
 

Court Case Number: 1:11-cv-00944-TWP-MJD
File Date: Friday, July 15, 2011
Plaintiff: Broadcast Music Inc., Universal-Songs of Polygram International, Inc., EMI Blackwood Inc., Sony/ATV Songs LLC, The Bernard Edwards Company LLC, Embassy Music Corp., John Cafferty Music, Songs of Universal, Inc., Escatawpa Songs, Arrested Development Music, Careers-BMG Music Publishing Inc., Alex Band Music, Amedeo Music, EMI Virgin Songs, Inc., Full Volume Music, Scrap Metal Music
Plaintiff Counsel: Peter J. Prettyman of Taft Stettinius & Hollister LLP
Defendant: BerTee’s Inc., Kelly D. Kendrick
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana Trademark Litigation Update – Coach v. Diva’s House of Style

22 Wednesday Jun 2011

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

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Coach v. Diva’s House of Style

Court Case Number: 3:11-cv-00253-JD -CAN
File Date: Thursday, June 16, 2011
Plaintiff: Coach Inc, Coach Services Inc
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Diva’s House of Style, Elizabeth Bond
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery, Counterfeiting,
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Christopher A Nuechterlein

Indiana Trademark Litigation Update – Coach v. Lyn-Maree’s

16 Thursday Jun 2011

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

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Coach Inc et al v. Lyn-Maree’s LLC et al

Court Case Number: 1:11-cv-00207-TLS -RBC
File Date: Wednesday, June 15, 2011
Plaintiff: Coach Inc, Coach Services Inc
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Lyn-Maree’s LLC, Emma Taylor, Lynn Siples
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery, Counterfeiting
Court: Northern District of Indiana
Judge: Judge Theresa L Springmann
Referred To: Magistrate Judge Roger B Cosbey

Indiana Copyright Litigation Update – Boy Racer v. Does 1-23

14 Tuesday Jun 2011

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

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Boy Racer, Inc. v. Does 1-23

Raphael Whitford of Steele Hanselmeier is filing this complaint on behalf of adult film company, Boy Racer, Inc.  The defendants are alleged to have downloaded and shared the film L.A. Pink via the 
bittorrent file sharing method.  Defendants are listed as John Does as they are currently only known by their IP address.  These types of suits are becoming common as lawyers begin to troll peer-to-peer file services, collecting IP addresses.  These suits are filed (and often dismissed) so the lawyers can send out hundreds or thousands of settlement letters like this one.  More information on this type of lawsuit can be found here.  Whitford filed an identical complaint (with only a change of plaintiff and defendant IP addresses) on the same day for another adult film company.

Court Case Number: 4:11-cv-00070-SEB-WGH
File Date: Tuesday, June 14, 2011
Plaintiff: Boy Racer, Inc.
Plaintiff Counsel: Raphael J. Whitford of Steele Hanselmeier PLLC
Defendant: Does 1-23
Cause: Copyright Infringement, Civil Conspiracy
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr

Indiana Copyright Litigation Update – First Time Videos v. DOES 1-18

14 Tuesday Jun 2011

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

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First Time Videos, LLC v. John Does 1-18

Court Case Number: 4:11-cv-00069-SEB-TAB
File Date: Tuesday, June 14, 2011
Plaintiff: First Time Videos, LLC
Plaintiff Counsel: Raphael J. Whitford of Steele Hanselmeier PLLC
Defendant: DOES 1-18
Cause: Copyright Infringement, Civil Conspiracy
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker