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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Fraud

Carrington College accused of providing Personal Training students with copies of exams in advance

11 Wednesday Jul 2018

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

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Breach of Contract, Copyright Infringement, Fraud, John E. Martin, Joseph S. Van Bokkelen, Misappropriation of Trade Secrets

Plaintiff National Federal of Professional Trainers, Inc., headquartered in Lafayette, Indiana, brings this action to prevent, and obtain damages for, Defendant Carrington College’s unauthorized copying and distribution of NFPT’s proprietary Certified Personal Trainer (“CPT”) credentialing examinations. Carrington College is a for-profit educational institution headquartered in Sacramento, California.

The Complaint alleges that “Carrington had given students copies of confidential and proprietary NFPT examinations, and then quizzed students on the copied examination questions until students memorized the answers to each specific question.”

Stay tuned for updates.

National Federation of Professional Trainers, Inc. v. Carrington College, Inc.

Court Case Number: 4:18-cv-00047-JVB-JEM
File Date: Monday, July 2, 2018
Plaintiff: National Federal of Professional Trainers, Inc.
Plaintiff Counsel: Anthony E. Dowell, Richard T. McCaulley, Kenley Eaglestone of McCaulley Dowell
Defendant: Carrington College, Inc.
Cause: Copyright Infringement, Misappropriation of Trade Secrets, Breach of Contract, Fraud
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: John E. Martin

Complaint:

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Indiana brewery alleges rights in its CORN MAZE BEER FEST stolen by own marketing agency

31 Monday Jul 2017

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

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Common Law Unfair Competition, Conversion, Deception, False Designation of Origin, Fraud, Indiana Crime Victim's Relief Act, Jane Magnus-Stinson, Matthew P. Bookman, Theft, Tortious Interference with Economic Advantage

This trademark lawsuit arises out of a dispute over ownership of the term “Corn Maze Beer Fest.”

The Plaintiff, 450 North Brewing Co. of Columbus, Indiana, hosted an event under that name in 2016 in the fields surrounding their brewery.

The Defendant is an Indiana company specializing in marketing for craft beer events.

The parties had worked together (with only an unsigned agreement and oral contract) on the 2016 event but a dispute has arisen over ownership of the event name. Despite the parties terminating their business relationship in early 2017, Defendant appears to be moving forward with its own version of a CORN MAZE BEER FEST, still being actively promoted on the website that Plaintiff believes it should own.

Stay tuned for updates.

Brix Haus Brewing Inc. d/b/a 450 North Brewing Co. v. Indiana On Tap, LLC

Court Case Number: 1:17-cv-02529-JMS-MPB
File Date: July 27, 2017
Plaintiff: Brix Haus Brewing Inc. d/b/a 450 North Brewing Co.
Plaintiff Counsel: Louis T. Perry, Amie Peele Carter of Faegre Baker Daniels LLP
Defendant: Indiana On Tap, LLC
Cause: False Designation of Origin, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act, Deception, Conversion, Theft, Fraud, Tortious Interference with Economic Advantage
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Matthew P. Bookman

Complaint:

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

03 Thursday Apr 2014

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

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Breach of Contract, Breach of Franchise Agreements, Fraud, Injunctive Relief, Litigation Update, Mark J. Dinsmore, Sarah Evans Barker, Trademark Infringement

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

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Indiana Trademark Litigation Update – Noble Roman’s v. B & MP

13 Thursday Feb 2014

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

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Breach of Contract, Fraud, Litigation Update, Mark J. Dinsmore, Trademark Infringement, William T. Lawrence

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

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Indiana Trademark Litigation Update – Alliance telemed v. Alliance Telemedicine

21 Friday Dec 2012

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

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Cybersquatting, Debra McVicker Lynch, False Designation of Origin, Fraud, Litigation Update, Piercing the Corporate Veil, Tanya Walton Pratt, Tortious Interference with Business Relationships, Tortious Interference with Contract, Unfair Competition

Alliance telemed, LLC v. Alliance Telemedicine, LLC et al

Court Case Number: 1:12-cv-01860-TWP-DML
File Date: Thursday, December 20, 2012
Plaintiff: Alliance telemed, LLC
Plaintiff Counsel: John A. Di Giacomo of Newburg Law PLLC
Defendant: Alliance Telemedicine, LLC; Business Consultants and Associates, LLC; Maher El Sarag
Cause: Cybersquatting, False Designation of Origin, Fraud, Tortious Interference with Contract, Tortious Interference with Business Relationships, Unfair Competition, Piercing the Corporate Veil
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

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