Tag Archives: Litigation Update

Indiana Copyright Litigation Update – Stephane Dion v. Allwin Powersports Corp.

08 Tuesday Feb 2011

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

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Stephane Dion et al v. Allwin Powersports Corporation, Inc. et al

Conventions don’t just bring tourists. They bring lawsuits too!

Dion, a Canadian motorcycle helmet designer, is suing an Illinois corporation whose principal is a Chinese national…in the Southern District of Indiana. What brings this illustrious crowd to our fair Hoosier Halls of Justice? It’s all because of the upcoming Dealer Expo 11.

Plaintiff has filed a Motion for Preliminary Injunction (see below) to stop Defendant from selling allegedly infringing motorcycle helmets at the upcoming Powersports tradeshow from Feb. 18-20 in Indianapolis.

The two parties had previously operated under a royalty agreement but Defendant apparently stopped making payments in 2010.

There should be some fairly quick updates in this case so check back soon.

Court Case Number: 1:11-cv-00173-RLY-TAB
File Date: Friday, February 04, 2011
Plaintiff: Stephane Dion, 91934885 Quebec Inc. dba Dion Designs
Plaintiff Counsel: Joseph Peter Rompala, Todd Arthur Richardson of Lewis & Kappes
Defendant: Allwin Powersports Corporation, Inc.
Arthur Liao
MHR Helmet Co. Ltd.
Foshan Shunde Fengxing Helmets Ltd.
Jiangmen Pengcheng Helmets Ltd.
Cause: Violation of Lanham Act, Copyright Infringement, Misappropriation of Trade Secrets, Breach of Contract, Conversion, Unfair Competition, Declaratory Relief
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

COMPLAINT:

MOTION FOR PRELIMINARY INJUNCTION:

BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION:

Indiana Trademark Litigation Update – Noble Roman’s Inc. v. Brabham Oil Company

06 Sunday Feb 2011

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

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Noble Roman’s Inc. v. Brabham Oil Company et al

Noble Roman’s has filed yet another trademark lawsuit (the 18th since 2007) to enforce the terms of an expired franchise agreement. The Indiana-based pizza chain alleges that the South Carolina-based gas station chain formerly operated seven Noble Roman’s franchise locations and continued to use Noble Roman’s trade dress after the franchise agreements terminated.

Court Case Number: 1:11-cv-00135-SEB-DML
File Date: Thursday, January 27, 2011
Plaintiff: Noble Roman’s Inc.
Plaintiff Counsel: Marisol Sanchez of Bose McKinney & Evans, LLP
Defendant: Brabham Oil Company, Brabham Oil Company dba E-Z SHOP
Cause: Lanham Act Trade Dress Infringement, Common Law Trade Dress Infringement, Federal Unfair Competition, Breach of Contract
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Trustees of Purdue University v. Reinke Sports Group LLC et al

19 Wednesday Jan 2011

Posted by in Intellectual Property

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The Trustees of Purdue University v. Reinke Sports Group LLC et al

Purdue University, a world-renowned institution of higher learning, is located in West Lafayette, Tippecanoe County, Indiana. In late 2009, the Defendants announced their intention to hold a foot racing event called “Home of Purdue Half Marathon” in the Lafayette-West-Lafayette area. Purdue’s attorneys sent the standard cease-and-desist letters objecting to the use of the University’s trademarks. Nevertheless, Defendant continued to advertise the event as being connected to and affiliated with the University.  The event was run on Oct. 24, 2010 without permission from Purdue University.

This case was removed from Tippecanoe Circuit Court.

Court Case Number: 4:11-cv-00005-PPS -APR
File Date: Thursday, January 13, 2011
Plaintiff: Trustees of Purdue University
Plaintiff Counsel: William P. Kealey of Stuart & Branigin LLP
Defendant: Reinke Sports Group LLC, Dean Reinke, Allsportcentral.com Inc.
Defendant Counsel: Matthew S Tarkington and Peter S French of Lewis & Kappes PC
Cause: Declaratory and Injunctive Relief, Trademark Infringement, Common Law Trademark Infringement, False Designation of Origin, Dilution, Cyberpiracy under the Lanham Act, Unfair Competition by Passing Off
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Andrew P. Rodovich

Indiana Trademark Litigation Update – Osmundson Mfg. v. CFC Distributors

14 Friday Jan 2011

Posted by in Indiana, Intellectual Property, Litigation, Trademark

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Osmundson Mfg. Co. v. CFC Distributors Inc.

Plaintiff, an Iowa corporation, has used the trademark “TURBO” in connection with agricultural products like Coulter blades, disk blades, sweeps, plow shares and other tillage tools since 2005. The trademark was registered in 2007 for “Agricultural machine parts, namely, blades.” Defendant, an Indiana corporation, is allegedly selling similar goods under the same mark. In an effort to resolve the matter, the parties entered into a Settlement Agreement in 2009, which Defendant has allegedly now breached.

Court Case Number: 1:11-cv-00021-RL -RBC
File Date: Friday, January 14, 2011
Plaintiff: Osmundson Mfg. Co.
Plaintiff Counsel: Larry L. Barnard and Adrienne C. Romary of Carson Boxberger LLP
Defendant: CFC Distributors Inc.
Defendant Counsel: Paul B. Overhauser of Overhauser & Lindman LLC
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Unfair Competition, False Description, Breach of Settlement Agreement
Court: Northern District of Indiana
Judge: Judge Rudy Lozano
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Right of Publicity Litigation Update – Patricia Day v. Wonderama Toys et al

28 Tuesday Dec 2010

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

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Patricia Day v. Wonderama Toys et al

Plaintiff Patricia Day is the lead singer of the Danish rockabilly band HorrorPops. Plaintiff claims a distinctive on-stage appearance, which combines:

(1) black hair meticulously done in 50’s pin-up fashion; (2) her retro hairstyle juxtaposed against conspicuous and heavily-applied black eye shadow and liner and deep red lipstick; (3) her form fitting ’50s-style pencil skirts that go just past the knees; (4) her full-color “sleeve tattoos” on both upper arms; and, most importantly (5) her distinctive instrumental extension of her personality: her giant tattooed upright bass.

Mattel allegedly created a Barbie doll using the likeness of Ms. Day without obtaining a license. In addition to being an unauthorized use of her likeness, the Barbie doll has caused Ms. Day particular anguish due to her feminist leanings and the confusion caused among peers and fans.

Why was this case filed in Indiana? Presumably to take advantage of Indiana’s right of publicity law, perhaps the most extensive right of publicity statute in the world, providing recognition of the right for 100 years after death, and protecting not only the usual “name, image and likeness,” but also signature, photograph, gestures, distinctive appearances, and mannerisms. Defendants Wonderama and Rainbow End are small Indiana toy stores (in Anderson and Daleville, respectively) that sold the allegedly infringing doll. Of course, the real targets of this lawsuit are Mattel (a Delaware corporation) and Hard Rock Cafe (a Florida corporation).

Did Mattel usurp Ms. Day’s likeness for the doll? You be the judge:

This should be an interesting case to follow step-by-step. Plaintiff has retained a few high-profile entertainment attorneys and we can expect Mattel and Hard Rock will do the same. I’ll keep you updated with each new filing. In the meantime, more images of Ms. Day for comparison sake:

Court Case Number: 1:10-cv-01689-RLY-MJD
File Date: Thursday, December 23, 2010
Plaintiff: Patricia Day
Plaintiff Counsel: John Tehranian and Peter Afrasiabi of ONE LLP
Defendants: Wonderama Toys, Rainbow’s End Collectibles, Mattel Corp., Hard Rock Cafe International (USA), Inc.
Cause: Infringement of Right of Publicity (Indiana Code 32-36), False Association and False Endorsement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore