Tag Archives: Richard L. Young

Jewelry Designer sues for copyright infringement of Hearty Love Pendant Design

23 Wednesday May 2018

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

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This copyright infringement action involves a copyrighted jewelry design, specifically Plaintiff’s “Hearty Love” Design and the associated “Heartlines Love Pendant.”

The parties have several years of history working together, as detailed in the Complaint (below). While Plaintiff was working with Defendant Droste, a jeweler, to create her Heartlines Love Pendant, Droste allegedly took her design and had it made by Defendant Shah, a jewelry manufacturer. The Defendants’ allegedly infringing design is now widely sold.

Corlinea, LLC v. Drostes Jewelry Shoppe et al.

Court Case Number: 3:18-cv-00099-RLY-MPB
File Date: Tuesday, May 22, 2018
Plaintiff: Corlinea, LLC
Plaintiff Counsel: C. Richard Martin of Martin IP Law Group, PC
Defendant: Drostes Jewelry Shoppe Inc., Shah Diamonds, Inc. d/b/a Shah Luxury
Cause: Federal Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

Shoe retailer Shoe Carnival sues two counterfeit websites

24 Friday Nov 2017

Posted by in Litigation, Southern District of Indiana, Trademark

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Shoe retailer Shoe Carnival brings this lawsuit against the owners of two domains, daretodreamwebdesign.com and afordrunning.com, which appear to be counterfeit Shoe Carnival websites.

I used to love shopping at Shoe Carnival. I remember the frequent sale announcements over the intercom and the booth for catching blowing cash.

SCLC, Inc. v. Kettering et al

Court Case Number: 3:17-cv-00193-RLY-MPB
File Date: November 22, 2017
Plaintiff: SCLC, Inc.
Plaintiff Counsel: Keith E. Rounder, Gary K. Price of Terrell, Baugh, Salmon & Born, LLP
Defendant: Marie Kettering, Lanny Tyndall
Cause: Trade Dress Infringement, Unfair Competition, Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint: 

Update 11/30/2017: 

Shoe Carnival has requested a Temporary Restraining Order for the purpose of ordering search engines to remove the offending websites.

Two Indiana firework companies in dispute over BLACK WIDOW trademark

16 Friday Jun 2017

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

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This lawsuit involves a dispute over the use of the BLACK WIDOW trademark in connection with fireworks. The Plaintiff, based in Evansville, Indiana, owns a federal registration and has used their BLACK WIDOW trademark since as early as March 12, 2013.

The Defendants, from Washburn, Indiana, have allegedly begun selling similar products also under a BLACK WIDOW trademark.

Cease-and-desist communications from Plaintiff to Defendant were not successful, hence this lawsuit. Stay tuned for updates.

The Really Good Stuff, Inc. v. Sky Thunder, LLC et al.

Court Case Number: 3:2017-cv-00096-RLY-MPB
File Date: Tuesday, June 13, 2017
Plaintiff: The Really Good Stuff, Inc.
Plaintiff Counsel: Rowdy G. Williams of Rowdy G. Williams Law Firm, PC
Defendant: Sky Thunder, LLC, Michael A. Kimberling
Cause: Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

National Veterans Memorial sues to prevent use of National Veterans Memorial & Museum trademark

16 Thursday Feb 2017

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

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The Plaintiff in this trademark lawsuit operates a small museum called the National Veterans Memorial in Elberfeld, Indiana. Since 2008, Plaintiff has owned a federal registration for the NATIONAL VETERANS MEMORIAL mark in connection with “Promoting public awareness of the need for reconciliation and recognition of all veterans.”

Plaintiff is seeking to prevent the use of the name National Veterans Memorial & Museum by a new museum opening in Columbus, Ohio. The Ohio museum began construction in 2015 and is set to open in 2018. The Defendant filed a federal “intent to use” application in October 2016, which has received an initial refusal by the Examining Attorney based on Plaintiff’s registration.

Stay tuned for updates.

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Henager Family Museum, Inc v. Columbus Downtown Development Corp.

Court Case Number: 3:17-cv-00028-RLY-MPB
File Date: Wednesday, February 15, 2017
Plaintiff: Henager Family Museum, Inc d/b/a National Veterans Museum
Plaintiff Counsel: Keith E. Rounder, Gary K. Price of Terrell, Baugh, Salmon & Born, LLP
Defendant: Columbus Downtown Development Corp.
Cause: Federal Trademark Infringement, Unfair Competition, False Designation
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

Trademark Lawsuit filed in Indiana against Titleist, Cleveland Golf Club Counterfeiter

26 Monday Dec 2016

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

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Defendant, a resident of Carmel, Indiana, is accused of selling counterfeit golf clubs and golf accessories. In addition to trademark claims, the Complaint includes a wide range of Indiana code violations.

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Acushnet Company et al. v. Nunns et al.

Court Case Number:1:16-cv-3379-RLY-TAB
File Date: Thursday, December 15, 2016
Plaintiff: Acushnet Company, Roger Cleveland Golf Company, Inc., Dunlop Sports Co. LTD
Plaintiff Counsel: Jonathan G. Polak of Taft Stettinius & Hollister LLP
Defendant: Giorgio V. Nunns a/k/a George Nunns a/k/a Georgie Nunns a/k/a Giorgio, Custom Golf Solutions, LLC d/b/a bogie’s nearly new golf d/b/a gnunns81 d/b/a golf customsolutions15
Cause: Trademark Counterfeiting, Trademark Infringement, False Designation of Origin, Common Law Trademark Infringement, Conversion, Forgery, Counterfeiting, Theft, Criminal Mischief
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint:

Past President sues Military History Museum for Trademark Infringement

07 Wednesday Dec 2016

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

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Plaintiff is the owner of a federal trademark registration for FREEDOM HERITAGE MUSEUM, registered on April 19, 2016. He first used the mark in 2012 in connection with a military history museum of which he was the founding president and a board member.

Plaintiff left the museum in October 2016 and notified the museum that it could no longer use the trademark. He has begun promoting a new Evansville museum with the same name.

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This case serves as a good reminder for small businesses and non-profits to own their own trademarks, rather than registering them in the name of an owner or board member.

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Litov v. Freedom Heritage Museum

Court Case Number: 3:16-cv-00241-RLY-MPB
File Date: Tuesday, December 6, 2016
Plaintiff: Richard Litov
Plaintiff Counsel: Keith E. Rounder, Gary K. Price of Terrell, Baugh, Salmon & Born, LLP
Defendant: Freedom Heritage Museum, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, False Designation, State Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

Eli Lilly sues to prevent online sale of unauthorized foreign pet medications

07 Thursday Jul 2016

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

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The defendant in this trademark lawsuit, an online pet supply store, is alleged to be selling unauthorized foreign pet medication in the United States. According to the Complaint (below), foreign medications, primarily from South Africa, are being sold in violation of FDA mandates.

The specific brands at issue are ELANCO, COMFORTIS, TRIFEXIS, INTERCEPTOR and CAPSTAR pet medicines.

The Honorable Jane Magnus Stinson entered a default judgment and injunction against the prior owners of the same website on June 13, 2014, in Case No. 1:13-cv-01800-JMS-DML. New owners subsequently resumed and expanded sales, hence this follow-up lawsuit.

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Eli Lilly Company et al. v. Best Value Pet Supplies

Court Case Number: 1:16-cv-01787-RLY-DML
File Date: Tuesday, July 5, 2016
Plaintiff: Eli Lilly and Company, Novartis Tiergesundheit AG
Plaintiff Counsel: Jan M. Carroll, Anne N. DePrez of Barnes & Thornburg LLP
Defendant: Scott Martin d/b/a Best Value Pet Supplies, Does 1-10
Cause: Federal Trademark Infringement, Federal Unfair Competition, Indiana Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Debra McVicker Lynch

Complaint:

Richard Bell sues Forensics Expert over use of Indianapolis skyline photo

13 Friday May 2016

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

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It’s official…this being the third day in a row of him filing copyright lawsuits, we have another Richard Bell litigation spree! It had been awhile but Mr. Bell is apparently making up for lost time. Stay tuned to this blog over the next few days as we find out just how many people unwittingly used Mr. Bell’s Indianapolis skyline photographs.

In this action, Mr. Bell is suing a forensics consultant/trainer from Kansas City who used a skyline photo on his company’s website back in 2014.

Use the “Richard Bell” tag at left to find his other litigation.

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Richard N. Bell v. Maloney

Court Case Number: 1:16-cv-01193-RLY-DML
File Date: Thursday, May 12, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Michael Maloney
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Debra McVicker Lynch

Complaint:

Jasper-based Kimball International files lawsuit to enforce KIMBALL trademark

27 Wednesday Apr 2016

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

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Plaintiff, Kimball International, Inc., has been selling furniture under the KIMBALL trademark since 1970. Plaintiff owns several trademark registrations, including the following:

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According to the Complaint (below), it was recently brought to Plaintiff’s attention that Defendant, a California-based furniture importer and distributor, had also begun selling “KIMBALL” furniture through its own website and retail partners.

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A cease-and-desist letter was sent by Plaintiff on March 29, 2016, apparently to no effect. Stay tuned for updates.

KIMBALL INTERNATIONAL, INC. v. COA, INC.

Court Case Number: 3:2016-cv-00054 840
File Date: Monday, April 25, 2016
Plaintiff: Kimball International, Inc.
Plaintiff Counsel: Louis T. Perry of Faegre Baker Daniels LLP
Defendant: COA, Inc. d/b/a Coaster Company of America
Cause: Federal Trademark Infringement, False Designation of Origin, Contributory Trademark Infringement, Common Law Unfair Competition, Deception, Conversion, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Michael P. Brookman

Complaint:

The Great American Bagel files Trademark Lawsuit over Rearranged Signage

25 Friday Mar 2016

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

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I’ll let the two trademarks at issue here speak for themselves – THE GREAT AMERICAN BAGEL (stylized) vs. THE GREAT AMERICAN EAGLE (nearly identically stylized). Check out the comparison images from the Complaint:

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The remarkable similarity is, not surprisingly, no coincidence. Defendant obtained an old sign previously used by Plaintiff and apparently opted to save money by just rearranging a few letters and calling his gas station/convenience store “The Great American Eagle”.

As Defendants’ convenience store sells food products, Plaintiff has alleged consumer confusion and is seeking damages and injunctive relief.

Stay tuned for updates.

The Great American Bagel Enterprises, Inc. v. United HBA Corporation et al

Court Case Number:3:16-cv-00038-RLY-MPB
File Date: Thursday, March 24, 2016
Plaintiff: The Great American Bagel Enterprises Inc.
Plaintiff Counsel: Stacy K. Newton of Jackson Kelly PLLC
Defendant: United HBA Corporation and Harbhajan Singh, d/b/a The Great American Eagle
Cause: Federal Trademark Infringement, False Designation of Origin, False Advertising, Unfair Competition, Trade Name Infringement, Passing Off, Unjust Enrichment
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Bookman

Complaint: