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~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Litigation Update

Indiana Intellectual Property Litigation Summary – October 2010

01 Monday Nov 2010

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

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Litigation Update

The following Intellectual Property cases were filed in October 2010:

Northern District of Indiana

  • Hydraulic Marine Systems Inc. v. Mid-America Foundation Supply Inc. (Copyright)
  • Knox Fertilizer Company Inc. v. Appeal of a Decision by the Trademark Trial & Appeal Board (Trademark)

Southern District of Indiana

  • Batesville Services, Inc. v. Cremation Options, LLC et al (Trademark)
  • Bedrock Builders Inc. v. Town Square Homes, LLC et al (Copyright)
  • Ray’s Trash Service, Inc. v. Robert Miller et al (Trade Secret)
  • Top Ten Imports, LLC v. BMX Imports, LP (Trade Dress)

September – August – July

Indiana Trademark Litigation Update – Batesville Services v. Cremation Options et al

30 Saturday Oct 2010

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

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Copyright Infringement, False Advertising, False Designation of Origin, Litigation Update, Richard L. Young, Trademark Infringement, Unfair Competition, Violation of the Anti-Cybersquatting Consumer Protection Act, William G. Hussmann

Batesville Services, Inc. v. Cremation Options, LLC et al

Plaintiff has sold cremation casket goods under the OPTIONS trademark since 1993. Defendants have been operating a competing website (www.cremationoptions.com) since 2002 that allegedly infringes on Plaintiff’s trademarks and copyrights in images of cremation goods.

Court Case Number: 4:10-cv-00129-RLY-WGH
File Date: Friday, October 15, 2010
Plaintiff: Batesville Services, Inc.
Plaintiff Counsel: Karen K. Gaunt of Wood Herron & Evans LLP
Defendant: Cremation Options, LLC, http://www.cremationoptions.com, Dustin Rhodes, Joseph Salvatore Damiano Sr., A.J. Styles, John Does 1-3
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, False Advertising, Violation of the Anticybersquatting Consumer Protection Act, Copyright Infringement, Indiana Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

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Indiana Trade Secret Litigation Update – Ray’s Trash Service, Inc. v. Robert Miller et al

28 Thursday Oct 2010

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

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Breach of Contract, Breach of Fiduciary Duty, Computer Trespass, Conversion, Debra McVicker Lynch, Litigation Update, Misappropriation of Trade Secrets, Replevin, Tanya Walton Pratt, Tortious Interference with Contractual Business Relations

Ray’s Trash Service, Inc. v. Robert Miller et al

The Defendant individuals were former employees of Plaintiff, Ray’s Trash Service, Indy’s largest recycling and waste disposal operation. Following their resignation, the Defendants allegedly entered into a campaign to solicit Plaintiff’s customers, in violation of non-compete and non-solicitation clauses from Plaintiff’s employment agreement.  Companies, do you have proper agreements in place with your key employees?

This case was removed from Hendricks County Superior Court.

Court Case Number: 1:10-cv-01302-TWP-DML
File Date: Monday, October 18, 2010
Plaintiff: Ray’s Trash Service, Inc.
Plaintiff Counsel: Christopher C. Murray, Todd J. Kaiser of Ogletree Deakins Nash Smoak & Stewart
Defendant: Robert Miller, Vicki Murphy, C&A Express, Inc., Todd Roberts
Defendant Counsel: William O. Harrington and Bettie Harrington on behalf of Robert Miller, Amanda L. Asbury and Anthony Scott Chinn on behalf of remaining Defendants
Cause: Replevin, Conversion, Breach of Contract, Breach of Fiduciary Duty, Misappropriation of Trade Secrets, Tortious Interference with Contractual Business Relations, Computer Trespass
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

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Indiana Copyright Litigation Update – Bedrock Builders Inc. v. Town Square Homes, LLC et al

27 Wednesday Oct 2010

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

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Architectural Drawings, Litigation Update, Richard L. Young, Tim A. Baker

Bedrock Builders Inc. v. Town Square Homes, LLC et al

Another case involving misappropriated architectural drawings. Home builders, you should know by now that architectural drawings are protected by copyright law. If there’s a floor plan you really like, just pay for it! The price is beans (approx. $700-1500) against the cost of building a home. The Defendants in this case allegedly took multiple tours of Plaintiff’s model homes and then proceeded to build a home strikingly similar to Plaintiff’s architectural drawings. The Complaint has a fairly detailed fact pattern to show wilful infringement.

Court Case Number: 1:10-cv-01294-RLY-TAB
File Date: Friday, October 15, 2010
Plaintiff: Bedrock Builders Inc.
Plaintiff Counsel: Brad R. Maurer, Louis T. Perry of Baker & Daniels
Defendant: Town Square Homes, LLC, Tony McLaughlin, Tom Mayer, Erin Mayer
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

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Indiana Trademark Litigation Update – Sweetwater Sound settles trademark dispute

26 Tuesday Oct 2010

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

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Litigation Update

Sweetwater Sound Inc. has reached a $5,000 settlement of its trademark infringement lawsuit against Chicago electronics company, J2 Electronics Group (Complaint filed July 7, 2010).

J2 has agreed to stop using the “SWEETWATER” mark and also paid $5,000 to Plaintiff, most of which presumably will cover attorney fees.

Original filing: Sweetwater Sound v. J2 Electronics Group

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Source: The Journal Gazette

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