Tag Archives: Jon E. DeGuilio

Indiana Botanic Gardens files lawsuit to protect EUCAMINT trademark

01 Wednesday Jun 2016

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

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This trademark dispute between Hobart, Indiana-based Indiana Botanic Gardens and a California defendant involves the use of the trademark EUCAMINT in connection with camphorated ointments. The Plaintiff has used its trademark since 1925.

The Defendant has been using the EUCAMINT mark in connection with a eucalyptus shower mist since as early as 2013.

Camphor used to be made by distilling the bark and wood of the camphor tree. Today, camphor is chemically manufactured from turpentine oil. It is used in products such as Vicks VapoRub. –WebMD

Indiana Botanic Gardens Inc v. Snyder Manufacturing Corporation

Court Case Number: 2:16-cv-00197-JD-PRC
File Date: Tuesday, May 31, 2016
Plaintiff: Indiana Botanic Gardens, Inc.
Plaintiff Counsel: David C. Brezina, Boris Umansky of Ladas & Parry LLP
Defendant: Snyder Manufacturing Corporation d/b/a Eurospa Aromatics d/b/a Eurospa Chemicals
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Paul R. Cherry

Complaint:

Narconon Rehab Centers sued by Certification Board for Trademark Infringement and Civil Conspiracy

28 Monday Mar 2016

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

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Plaintiff, the National Association of Forensic Counselors, is a Certification Board providing nationally accredited certifications for professionals working with criminal offenders in the fields of criminal justice, corrections, addictions and mental health.

Defendants (a long list, including numerous Narconon rehab centers and the Church of Scientology, is listed in the Complaint below) are alleged to have falsely claimed certification by Plaintiff. The Complaint includes a “Civil Conspiracy” claim, alleging that there was a common plan by all Defendants to intentionally falsely claim the certifications.

Screen Shot 2016-03-28 at 7.13.53 AM

National Association of Forensic Counselors, Inc. et al v. Narconon International et al

Court Case Number: 1:16-cv-00101-JD-SLC
File Date: Thursday, March 24, 2016
Plaintiff: National Association of Forensic Counselors, Inc., American Academy of Certified Forensic Counselors Inc. d/b/a American College of Certified Forensic Counselors
Plaintiff Counsel: Jessica Wegg of Saeed & Little, LLP
Defendant: Narconon International et al (see Complaint for full list of Defendants)
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Civil Conspiracy
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Susan L. Collins

Complaint:

Nebraska Home Designer Files Copyright Lawsuits Over Misappropriated Architectural Drawings

05 Friday Feb 2016

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

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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:

 

[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:

 

[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:

 

[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:

 

[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:

 

[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:

 

[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

Pro Se Plaintiff sues The Mind Trust, Indianapolis Public Schools for Copyright Infringement (Again)

14 Monday Sep 2015

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

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At its core, this is a copyright lawsuit involving educational “models.” However, this lawsuit is particularly interesting for several reasons. Here are a few:

  1. It’s a pro se plaintiff, hence a non-traditional intellectual property complaint. While only copyright claims seem at issue, the complaint was filed (again, by a pro se) as a 42 USC 1983 civil rights complaint.
  2. Several large, high-profile defendants. Which will take the lead? The complaint focuses on the “Bridges to Success Education School Model” and the “Phalen Leadership Academies Education School Model.”
  3. The copyright application (included in the complaint) was apparently also a pro se copyright application.
  4. Plaintiff has requested a Cease and Desist Order preventing several schools systems from using specific educational “Models” until the lawsuit is resolved.
  5. This is the first “intellectual property” lawsuit filed in the Northern District of Indiana since June 19. Welcome back!

For now, I’ll leave it to the Defendants’ lawyers to parse all the facts and allegations in the Complaint. Stay tuned for updates.

Angela E. Brooks-Ngwenya v. The Mind Trust et al

Court Case Number: 1:15-cv-00255-JD-SLC
File Date: Friday, September 11, 2015
Plaintiff: Angela E. Brooks-Ngwenya
Plaintiff Counsel: Angela E. Brooks-Ngwenya – Pro Se
Defendant: The Mind Trust, United Way of Central Indiana, Central Indiana Education Alliance, Phalen Leadership Academies, Indianapolis Public Schools
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Susan L. Collins

Complaint:

Prior Court of Appeals Decision:

Concert Photographer File Another Copyright Lawsuit over Violation of Creative Commons License

01 Wednesday Apr 2015

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

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Larry Philpot has filed another suit over alleged use of a photograph of Willie Nelson (related cases here, here, and here). In addition to infringement, Philpot is also claiming that defendant intentionally removed his copyright management information from the photograph.

Larry G. Philpot v. Gray Television, Inc. et al

Court Case Number: 3:15-cv-00145-JD-CAN
File Date: Tuesday, March 31, 2015
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Gray Television, Inc., Gray Television Group, Inc.
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Christopher A Nuechterlein

Indiana Trademark Litigation Update – Agdia Inc. v. Jun Qiang Xia et al

17 Tuesday Feb 2015

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

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Jun Q. Xia was employed by Agdia until 2001. After leaving the company, Xia allegedly violated the terms of a non-competition agreement. The ensuing lawsuit was resolved by a permanent injunction order in 2002. Later, Xia formed AC Diagnostics, which directly competes with Agdia. The AC Diagnostics website, acdiainc.com, is only one letter different than Agdia Inc and Xia allegedly covertly embedded the Agdia name into the website so that it was searchable without being visible.

Agdia Incorporated v. Jun Qiang Xia and AC Diagnostics, Inc.

Court Case Number: 3:15-cv-00075
File Date: Monday, February 16, 2015
Plaintiff: Agdia Incorporated
Plaintiff Counsel: James M. Lewis, Michael J. Hays of Tuesley Hall Konopa LLP
Defendant: Jun Qiang Xia, AC Diagnostics, Inc.
Cause: Trademark Infringement, False Designation of Origin and False Advertising, CyberPiracy, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Magistrate Judge: Christopher A. Nuechterlein

Indiana Copyright Litigation Update – Lake Lite v. Universal Forest Products et al

27 Monday Oct 2014

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

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This lawsuit arises from Defendants’ alleged infringement of copyrights and patents, as well as unauthorized use and misappropriation of Plaintiff’s trade secrets.

Lake Lite Inc. v. Universal Forest Products, Inc. et al

Court Case Number: 1:14-cv-00337
File Date: Friday, October 24, 2014
Plaintiff: Lake Lite Inc.
Plaintiff Counsel: Michael S. McIntyre
Defendant: Universal Forest Products, Inc., Universal Consumer Products, Inc., Maine Ornamental, LLC
Cause: Copyright Infringement, Patent Infringement, Breach of Contract, Breach of Implied Duty of Good Faith and Fair Dealing, Violation of Indiana Uniform Trade Secret Act, Unjust Enrichment
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Roger B. Cosbey

Complaint:

Indiana Trademark Litigation Update – Burns Rent-Alls v. Michael Sharpe et al

17 Friday Oct 2014

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

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Defendants have allegedly registered and used domain names confusingly similar to Plaintiff’s BURNS RENT-ALLS trademark. The subject domain names are (i) burnspartyrentall.com; (ii) burnspartyrental.com; and (iii) burnsrentall.com.

Burns Rent-Alls, Inc. v. Michael Sharpe et al

Court Case Number: 3:14-cv-01958
File Date: Wednesday, October 15, 2014
Plaintiff: Burns Rent-Alls, Inc.
Plaintiff Counsel: D. Michael Anderson of Barnes & Thornburg LLP
Defendant: Michael Sharpe, Aays Rent-All Co., Inc.
Cause: Unfair Competition, Cyberpiracy, Breach of Contract
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

Indiana Trademark Litigation Update – Darryl D. Agler v. Westheimer Corporation

28 Friday Mar 2014

Posted by in Intellectual Property

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Alleged Infringing Product - Exhibit F to Complaint

Alleged Infringing Product – Exhibit F to Complaint

Plaintiff is a custom guitar-maker from Fort Wayne, Indiana. He has sold his high-quality guitars under the registered STRATOTONE trademark since 2007.

Plaintiff’s high-end guitars are “painstakingly hand-crafted from the wood of a customer’s choosing and features vintage hardware and pick-ups.” They generally retail for above $1,250. Defendant has allegedly flooded the market with lower quality, cheaper (between $200-400) guitars that bear the STRATOTONE Mark. Plaintiff discovered the infringing products at a NAMM show in 2010, where he confronted Defendant’s personnel.

Defendant, based in Illinois, attempted to file its own trademark application for STRATOTONE in December 2012 but was rejected based on Plaintiff’s registration. In response, Defendant has attempted to cancel Plaintiff’s registration and Plaintiff has brought this lawsuit.

Darryl D. Agler v. Westheimer Corporation

Court Case Number: 1:14-cv-00099
File Date: Thursday, March 27, 2014
Plaintiff: Darryl D. Agler
Plaintiff Counsel: Louis T. Perry, Amie P. Carter of Faegre Baker Daniels LLP
Defendant: Westheimer Corporation
Cause: Federal Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Trademark Counterfeiting, Common Law Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment, Conversion, Deception, Indiana Crime Victim’s Relief Act
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Roger B. Cosbey

Indiana Copyright Litigation Update – Malibu Media LLC v. John Doe (124)

20 Saturday Apr 2013

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

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Malibu Media LLC v. John Doe

Court Case Number: 1:13-cv-00124-JD-RBC
File Date: Friday, April 19, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Roger B. Cosbey