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

Tags

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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Artist sues Boat Dealer over Breach of License

12 Monday Sep 2016

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

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Tags

Breach of Contract, Copyright Infringement, Inducing Copyright Infringement, John E. Martin, Joseph S. Van Bokkelen, Unfair Competition, Unjust Enrichment, Violations of DMCA

Pursuant to an agreement, Plaintiff created and applied artwork to a limited number of Defendant’s boats.

Defendant is alleged to have continued selling boats with substantially similar artwork outside the terms of the original license.

The Art of Design, Inc. v. Pontoon Boat, LLC et al

Court Case Number: 3:16-cv-00595-JVB-JEM
File Date: Tuesday, September 6, 2016
Plaintiff: The Art Of Design, Inc.
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Pontoon Boat, LLC d/b/a Bennington and Bennington Marine, Hawkeye Boat Sales
Cause: Breach of Contract, Unjust Enrichment, Copyright Infringement, Unfair Competition, Inducing Copyright Infringement, Violations of DMCA
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: John E. Martin

Complaint:

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Exhibit A:

screen-shot-2016-09-12-at-12-14-38-pm

Sign Company sues Former Employee for Trademark Infringement and Unfair Competition

18 Monday Apr 2016

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

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Breach of Fiduciary Duty, Federal Trademark Infringement, Federal Unfair Competition, Illinois Deceptive Trade Practices, Illinois Trademark Infringement, John E. Martin, Jr., Robert L. Miller, State Trademark Infringement, State Unfair Competition, Tortious Interference with a Business Relationship, Tortious Interference with a Prospective Economic Advantage

Defendant, a former employee of Plaintiff, is alleged to use have used Plaintiff’s company resources to benefit his own competing business. The Complaint (below) describes in detail (truly…the Complaint goes up to Exhibit JJJ) how Defendant apparently falsely claimed credit for Plaintiff’s past achievements and client relationships.

Stay tuned for updates.

Screen Shot 2016-04-18 at 7.44.39 AM

Landmark Signs Inc v. I C U Outdoor Advertising LLC et al

Court Case Number: 2:16-cv-00128-RLM-JEM
File Date: Friday, April 15, 2016
Plaintiff: Landmark Signs Inc.
Plaintiff Counsel: Cori A. Mathis of Hilbrich Cunningham Dobosz Vinovich & Sandoval, LLC
Defendant: I C U Advertising LLC, Lawrence M. Yurko
Cause: Federal Unfair Competition, Breach of Fiduciary Duty, State Unfair Competition, Tortious Interference with a Business Relationship, Tortious Interference with a Prospective Economic Advantage, Illinois Deceptive Trade Practices, Federal Trademark Infringement, State Trademark Infringement, Illinois Trademark Infringement
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: John E. Martin

Complaint:

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Can “SQUARE DONUTS” be a trademark for square-shaped donuts?

24 Thursday Mar 2016

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

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Cancellation, Declaration of Non-Infringement, John E. Martin, Theresa L. Springmann

I donut know. But this lawsuit should give us the answer.

First off, I like when complaints have a nice succinct Nature of the Action section at the beginning. This one sums up the lawsuit well:

“Family Express seeks a declaration that its use of the name “SQUARE DONUTS” in association with its sale of square-shaped donuts at Family Express convenience stores does not infringe Defendant’s asserted trademark rights in “SQUARE DONUTS.”

There is some background. Square Donuts has been selling donuts of all shapes and sizes, including square-shaped, in central Indiana since 1965.

Family Express, a purveyor of convenience stores throughout northern Indiana, started selling square-shaped donuts in 2005, calling them, simply enough, “Square Donuts.”

The parties have been arguing since 2006 when Square Donuts first sent a cease and desist demand to Family Express over the use of the “Square Donuts” trademark. Since that time, Family Express has maintained that “SQUARE DONUTS” was merely descriptive of square-shaped donuts and, therefore, Square Donuts did not and could not assert exclusive rights to use the name “SQUARE DONUTS.”

Apparently 10 years of arguing was the limit for Family Express (and they really don’t want to give their donuts another name, like “Square Doughnuts”), thus leading to this action seeking a declaratory judgment of non-infringement and cancellation of Square Donuts’ federal and state trademark registrations.

Both parties will want a final resolution so this litigation could go the distance. Stay tuned for updates.

Screen Shot 2016-03-24 at 8.15.14 AM

Family Express Corporation v. Square Donuts Inc.

Court Case Number: 2:16-cv-00103-TLS-JEM
File Date: Wednesday, March 23, 2016
Plaintiff: Family Express Corporation
Plaintiff Counsel: P. Stephen Fardy, Jonna McGinley Reilly of Swanson, Martin & Bell, LLP
Defendant: Square Donuts Inc.
Cause: Declaration of Non-Infringement, Cancellation
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: John E. Martin

Complaint:

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Nebraska Home Designer Files Copyright Lawsuits Over Misappropriated Architectural Drawings

05 Friday Feb 2016

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

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Tags

Architectural Drawings, Christopher A. Nuechterlein, Copyright Infringement, Debra McVicker Lynch, Denise K. LaRue, Jane Magnus-Stinson, John E. Martin, Jon E. DeGuilio, Joseph S. Van Bokkelen, Litigation Update, Mark J. Dinsmore, Paul R. Cherry, Philip P. Simon, Richard L. Young, Susan L. Collins, Tanya Walton Pratt, Theresa L. Springmann

Design Basics, LLC, an Omaha, Nebraska-based home plan designer, has filed several copyright lawsuits against Indiana home builders involving misappropriated architectural drawings. All home builders should know that architectural drawings are protected by copyright law.

[Updated 2/16/16 with additional lawsuit]

[Updated 4/1/16 with additional lawsuits]

[Updated 5/18/16 with additional lawsuit]

[Updated 5/20/16 with additional lawsuits]

[Updated 5/23/16 with additional lawsuits]

[Updated 5/31/16 with additional lawsuit]

[Updated 6/15/16 with additional lawsuit]

[Updated 7/14/16 with additional lawsuits]

Design Basics, LLC v. Lancia Homes, Inc.

Court Case Number: 1:2016-cv-00047
File Date: Wednesday, February 3, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Lancia Homes, Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Design Basics, LLC v. Carriage Place Homes, Inc. et al

Court Case Number: 1:2016-cv-00048
File Date: Wednesday, February 3, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Carriage Place Homes, Inc. et al
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Susan L. Collins

Design Basics, LLC v. Culver Construction, Inc. et al

Court Case Number: 1:2016-cv-00049
File Date: Wednesday, February 3, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Culver Construction, Inc. et al
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Susan L. Collins

Design Basics, LLC et al v. Quality Crafted Homes Inc.

Court Case Number: 1:2016-cv-00050
File Date: Wednesday, February 3, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Quality Crafted Homes Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Susan L. Collins

Design Basics, LLC v. Windsor Homes, Inc. et al

Court Case Number: 1:2016-cv-00051
File Date: Wednesday, February 3, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Windsor Homes, Inc. et al
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Design Basics, LLC v. Big C Lumber Co Inc.

Court Case Number: 3:2016-cv-00053
File Date: Wednesday, February 3, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Big C Lumber Co Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Christopher A. Nuechterlein

[Update 2/16/16]

Design Basics, LLC et al v. Shrader

Court Case Number: 1:2016-cv-00364
File Date: Monday, February 15, 2016
Plaintiff: Design Basics, LLC, Plan Pros, Inc., Carmichael & Dame Designs, Inc.
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Michael Shrader d/b/a Palladian Home Design, Palladian Home Designs, Palladian Blueprints, Palladian Drafting & Design Services, Palladian Architectural Drafting & Design Services, and Palladian Design/Build
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Mark J. Dinsmore

Representative Complaints:

View this document on Scribd

[Update 4/1/16]

Design Basics, LLC v. Straight Talk Construction, Inc.

Court Case Number: 3:2016-cv-00193
File Date: Thursday, March 31, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn
Defendant: Straight Talk Construction, Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Christopher A. Nuechterlein

Design Basics, LLC v. W R Birkey & Associates Inc. et al

Court Case Number: 3:2016-cv-00195
File Date: Thursday, March 31, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn
Defendant: W R Birkey & Associates et al
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Christopher A. Nuechterlein

Design Basics, LLC et al v. Kerstiens Homes & Designs, Inc. et al

Court Case Number: 1:2016-cv-00726
File Date: Thursday, March 31, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn
Defendant: Kerstiens Homes & Designs, Inc. et al
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Denise K. LaRue

Representative Complaint:

View this document on Scribd

[Updated 5/18/16]

Design Basics, LLC et al v. Premier Homes of Southern Indiana, Inc.

Court Case Number: 4:16-cv-00073-RLY-DML
File Date: Monday, May 16, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Premier Homes of Southern Indiana, Inc.
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Debra McVicker Lynch

Complaint:

View this document on Scribd

[Updated 5/20/16]

Design Basics, LLC et al v. Precision Homes, Inc.

Court Case Number: 2:16-cv-00179-PPS-JEM
File Date: Thursday, May 19, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Precision Homes, Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: John E. Martin

Design Basics, LLC v. Westport Homes of Fort Wayne, Inc. et al.

Court Case Number: 1:16-cv-00170-JD-SLC
File Date: Thursday, May 19, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Westport Homes of Fort Wayne, Inc.; Westport Homes, Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Susan L. Collins

Representative Complaint:

View this document on Scribd

[Updated 5/23/16]

Design Basics, LLC v. Slattery Builders LLC

Court Case Number: 1:16-cv-00174
File Date: Friday, May 20, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Slattery Builders, LLC
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

Design Basics, LLC et al v. Heller & Sons, Incorporated et al.

Court Case Number: 1:16-cv-00175
File Date: Sunday, May 22, 2016
Plaintiff: Design Basics, LLC; W.L. Martin Home Designs LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Heller & Sons, Incorporated d/b/a Heller Homes; Heller Development Corporation
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

Representative Complaint:

View this document on Scribd

[Updated 5/31/16]

Design Basics, LLC et al. v. Fireside Homes Inc et al.

Court Case Number: 1:16-cv-00181-JVB-SLC
File Date: Thursday, May 26, 2016
Plaintiff: Design Basics, LLC, Plan Pros, Inc., W.L. Martin Home Designs LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Fireside Homes Inc., Fireside Development Company, LLC, Hearth Homes, Inc., Willies Development Corporation, Oakbrook Homes, Inc. d/b/a/ Juniper Homes, Oakbrook Homes, Willie’s Oakbrook Homes, Riverview Lumber and Building Supply Co., Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Susan L. Collins

Complaint:

View this document on Scribd

[Updated 6/15/16]

Design Basics, LLC v. KAM Construction, LLC et al

Court Case Number: 1:16-cv-00212
File Date: Tuesday, June 14, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: KAM Construction, LLC et al
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

[Updated 7/14/16]

Design Basics, LLC v. Miller Builders Inc

Court Case Number: 3:16-cv-00390-PPS-CAN
File Date: Thursday, June 23, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Miller Builders Inc
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Christopher A. Nuechterlein

Design Basics, LLC v. Citation Homes Inc. et al

Court Case Number: 1:16-cv-00232-TLS-SLC
File Date: Friday, June 24, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Citation Homes Inc. et al
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Design Basics, LLC et al v. Sky Hill Homes, Inc., By Larry Myers et al

Court Case Number: 1:16-cv-00247-TLS-SLC
File Date: Saturday, June 25, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Sky Hill Homes, Inc., By Larry Myers et al
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Design Basics, LLC et al v. Milakis Homes, LLC et al

Court Case Number: 4:16-cv-00053-TLS-SLC
File Date: Friday, July 8, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Milakis Homes, LLC et al
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Design Basics, LLC v. DeVon Custom Home, Inc. et al

Court Case Number: 3:16-cv-00448-TLS-SLC
File Date: Friday, July 8, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: DeVon Custom Home, Inc. et al
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Design Basics, LLC v. Dabrowski Construction, Inc.

Court Case Number: 2:16-cv-00322-PPS-JEM
File Date: Friday, July 8, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Dabrowski Construction, Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: John E. Martin

Design Basics, LLC v. Eenigengurg Builders, Inc.

Court Case Number: 2:16-cv-00323-JD-PRC
File Date: Friday, July 8, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Eenigengurg Builders, Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Paul R. Cherry

Design Basics, LLC v. Regal Homes of Southern Indiana, L.L.C. et al

Court Case Number: 3:16-cv-00135-RLY-MPB
File Date: Friday, July 8, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Regal Homes of Southern Indiana, L.L.C. et al
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Design Basics, LLC v. Henderlong Homes LLC et al

Court Case Number: 2:16-cv-00324-TLS-SLC
File Date: Saturday, July 9, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Henderlong Homes LLC et al
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Design Basics, LLC et al v. Cook Builders.com, Inc.

Court Case Number: 2:16-cv-00325-TLS-SLC
File Date: Saturday, July 9, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Cook Builders.com, Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Design Basics, LLC v. T.K. Constructors Inc.

Court Case Number: 1:16-cv-01841-SEB-DML
File Date: Saturday, July 9, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: T.K. Constructors Inc.
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Debra McVicker Lynch

Design Basics, LLC v. Rusk Builders Inc.

Court Case Number: 3:2016-cv-00459
File Date: Wednesday, July 13, 2016
Plaintiff: Design Basics, LLC
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Rusk Builders Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD