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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Promissory Estoppel

AV Intern sues Kilroy’s Sports for Non-Payment of Wages, Copyright Infringement

09 Tuesday Aug 2022

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

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Tags

Breach of Contract, Copyright Infringement, Debra McVicker Lynch, Declaratory Judgment of Copyright Ownership, Fraud, Promissory Estoppel, Sarah Evans Barker, Unjust Enrichment, Violation of the Wage Payment Act

A popular college bar in Bloomington, Indiana is accused of non-payment of $12,000 to an intern who had been creating content for their social media accounts. The Complaint (below) details several months of promised, delayed, and ultimately unrealized paychecks.

The Complaint includes claims for declaratory judgment of copyright ownership and copyright infringement, but I assume that the intern is less interested in ownership of the bar’s social media content and more interested in getting paid for months of labor. The specific works alleged to have been infringed are not identified in the Complaint and there is no mention of registration of any works, a prerequisite for a copyright infringement claim, so the copyright claims could be vulnerable to challenge. As jurisdiction for the lawsuit is based on the copyright and declaratory judgment of copyright ownership claims, we might see an early battle over jurisdiction.

Ideally, the intern will just get paid what he is owed before lawyers for both sides get deep into researching and drafting motions. Stay tuned for updates.

Schwartz v. Kilroy’s North America, LLC et al

Case Number: 1:22-cv-01563-SEB-DML
File Date: August 5, 2022
Plaintiff: Elijah Schwartz
Plaintiff Counsel: Kimberly D. Jeselskis, B.J. Brinkerhoff, Hannah Kaufman Joseph of Jeselskis Kaufman and Joseph, LLC
Defendant: Kilroy’s North America, LLC, Kilroy’s Sports, LLC, Kilroy’s on Kirkwood, LLC
Cause: Violation of the Wage Payment Act, Breach of Contract, Promissory Estoppel, Unjust Enrichment, Fraud, Declaratory Judgment of Copyright Ownership, Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Debra McVicker Lynch

Complaint:

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Indiana Trademark Litigation Update – CMG Worldwide v. Brando Enterprises

27 Thursday Sep 2012

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

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Tags

Debra McVicker Lynch, Declaration of Existing Contract, Litigation Update, Notice of Removal, Promissory Estoppel, Sarah Evans Barker, Theodore J. Minch

CMG Worldwide, Inc. v. Brando Enterprises, LP et al

Court Case Number: 1:12-cv-01384-SEB-DML
File Date: Wednesday, September 26, 2012
Plaintiff: CMG Worldwide, Inc.
Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP
Defendant: Brando Enterprises, LP; Brand Sense Partners, LLC
Cause: Notice of Removal, Declaration of Existence of Valid and Enforceable Contract between Parties, Declaration of Promissory Estoppel
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

View this document on Scribd

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Indiana Copyright Litigation Update – Susan Lynch v. Math-U-See

04 Saturday Jun 2011

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

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Tags

Accounting, Breach of Contract, Breach of Fiduciary Duty, Breach of Good Faith, Christopher A. Nuechterlein, Copyright Infringement, Jon E. DeGuilio, Litigation Update, Promissory Estoppel, Tortious Interference with Contract, Tortious Interference with Prospective Business Relations, Unjust Enrichment, Unjust Quantum Meruit, Violation of Law 75 of Puerto Rico, Violation of Tennessee Unfair Trade Practices Act, Violation of the Idaho Unfair Trade Practices Act, Violation of the Illinois Franchise Act, Violation of the Illinois Unfair Trade Practices Act, Violation of the Indiana Franchise Act, Wrongful Conversion of Customer List

Susan Lynch et al v. Math-U-See Inc et al

Court Case Number: 3:11-cv-00233-JD -CAN
File Date: Friday, June 03, 2011
Plaintiff: Susan Lynch, Math-U-See Indiana Inc, Lisa Angle, Jim Angle
Plaintiff Counsel: Brent E Inabnit, Joshua A Visser of Sopko Nussbaum Inabnit & Kaczmarek
Defendant: Math-U-See Inc, Steven Demme, Ethan Demme
Cause: Breach of Contract, Breach of Good Faith, Breach of Fiduciary Duty, Violation of the Indiana Franchise Act, Violation of Illinois Franchise Act, Violation of the Idaho Unfair Trade Practices Act, Violation of Illinois Unfair Trade Practices Act, Violation of Tennessee Unfair Trade Practices Act, Violation of Law 75 of Puerto Rico, Tortious Interference with Contract, Tortious Interference with Prospective Business Relations, Wrongful Conversion of Customer List, Promissory Estoppel, Unjust Enrichment/Quantum Meruit, Copyright Infringement, Accounting,
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

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