Tag Archives: Declaratory Judgment

Evansville Software Company sues Ex-Developers and their New Employer over Stolen Software Code

01 Tuesday Nov 2022

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

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The plaintiff in this lawsuit, MaddenCo, Inc., is an Evansville, Indiana-based software developer. Specifically, they develop software systems for independent tire dealers and truck stop service centers.

The defendants include two ex-employees of the plaintiff, a software development manager and software developer, who have allegedly developed infringing software code for a competing Louisiana company (also a named defendant) in violation of contractual obligations and fiduciary duties. The plaintiff’s software code has been registered with the U.S. Copyright Office.

Stay tuned for updates.

MaddenCo Inc. v. Reed et al.

Court Case Number: 3:22-cv-173
File Date: October 31, 2022
Plaintiff: MaddenCo Inc.
Plaintiff Counsel: Michael T. McNally of Delk McNally LLP
Defendants: James Reed, Dru Darby, HG AutoTech LLC
Cause: Breach of Contract, Breach of Fiduciary Duty, Tortious Interference, Copyright Infringement, False Advertising, False Representation, False Designation of Origin, Reverse Passing Off, Federal Unfair Competition, Common Law Unfair Competition, Declaratory Judgment
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

Fan Company sues Unauthorized Online Dealer for Trademark Infringement

04 Wednesday Sep 2019

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

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The Plaintiff, a fan company based in Zionsville, Indiana, sells its electric fans to consumers via its website, showrooms or through authorized dealers.

The Defendant is alleged to be offering unauthorized sales of Plaintiff’s fans at the website http://www.lightingmerchant.com. Importantly for consumers, electric fans sold by Defendant are not covered by Plaintiff’s warranty.

The Complaint (below) alleges that the Defendant purchases the products from one or more authorized dealers and then sells the products to retail customers. The identity of the authorized dealers is not revealed in the Complaint.

Fanimation, Inc. v. Decor Selections, LLC

Court Case Number: 1:19-cv-03648-JPH-MJD
File Date: Tuesday, August 27, 2019
Plaintiff: Fanimation, Inc.
Plaintiff Counsel: Harold C. Moore, Michael A. Swift of Maginot, Moore & Beck, LLP
Defendant: Decor Selections, LLC d/b/a Lighting Merchant
Cause: Declaratory Judgment, Injunctive Relief, Trademark Infringement, False Designation of Origin, Dilution, Unfair Competition, Unjust Enrichment
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Mark J. Dinsmore

Complaint:

“Franchise Conversion Scheme” alleged against Community Newsletter publisher

11 Thursday May 2017

Posted by in Intellectual Property

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This lengthy complaint, with 17 (!) causes of action, details an alleged “Franchise Conversion Scheme” by the Defendants. The case was initially filed in Johnson County Superior Court but has been removed to the Southern District of Indiana.

Chilly Panda, LLC v. Britt Interactive LLC et al.

Court Case Number: 1:17-cv-01544-LJM-DKL
File Date: Wednesday, May 10, 2017
Plaintiff: Chilly Panda Media, LLC
Plaintiff Counsel: Matthew M. Cree of Law Office of Matthew M. Cree, LLC, P. Adam Davis of Davis and Sarbinoff, LLC
Defendant: Britt Interactive, LLC, Townepost Network, Inc., Tom Britt, Jeanne Britt, Josh F. Brown
Cause: Federal Trademark Infringement, Indiana Trademark Infringement, Common Law Trademark Infringement, Copyright Infringement, Unfair Competition, Indiana Crime Victims Act, Breach of Contract, Tortious Interference, Breach of Fiduciary Duties, Defamation, Franchise Fraud, Actual or Constructive Fraud, Stored Communications Act, Accounting, Individual Liability, Declaratory Judgment, Preliminary Injunction, Permanent Injunction
Court: Southern District of Indiana
Judge: Larry J. McKinney
Referred To: Denise K. LaRue

Complaint:

Indiana Trademark Litigation Update – Oak Motors, Inc. (Indiana) v. Oak Motors, Inc. (California)

21 Monday Mar 2016

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

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Plaintiff has been operating as “Oak Motors” since 1985, buying and selling automobiles and providing financial services related to the purchase and sale or automobiles. Plaintiff has five primary physical locations and also advertises via its website.

Defendant, a California company providing similar services, began operating as “Oak Motors” in February 2014. Plaintiff first learned of Defendant’s adoption of the name in March 2015 and sent a cease-and-desist letter citing its prior rights and federal registration. Defendant allegedly first agreed to discontinue use of the “Oak Motors” mark but did not follow through and continues to use the trademark (and similar domain names), hence this lawsuit.

Oak Motors, Inc. (Indiana) v. Oak Motors, Inc. (California)

Court Case Number: 1:16-cv-00595-JMS-MJD
File Date: March 16, 2016
Plaintiff: Oak Motors, Inc. (Indiana)
Plaintiff Counsel: Jonathan G. Polak, Zach Gordon of Taft Stettinius & Hollister LLP
Defendant: Oak Motors, Inc. (California)
Cause: False Designation of Origin, False Description, Common Law Trademark Infringement, Unfair Competition, Cybersquatting, Declaratory Judgment
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Mark J. Dinsmore

Complaint:

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: