Plaintiff Jeral Tidwell is a Kentucky-based artist who accuses Defendant of copying his artwork on motorcycle helmets without authorization. See the Complaint (below) for images.
Plaintiff operates a chain of “high end sophisticated gentleman clubs” under the SCORES trademark in cities across the U.S., including New York, New Orleans, Chicago and Baltimore. Defendant operates a similar establishment called Scores! in Evansville, Indiana. Defendant’s establishment allegedly offers lower quality services and is often the scene of disreputable actions and events.
Court Case Number: 3:11-cv-00053-RLY-WGH File Date: Tuesday, April 12, 2011 Plaintiff: Scores Holding Company, Inc. Plaintiff Counsel: Ettore Victor Indiano of Indiano Vaughan Roberts & Filomena, LLP, Stephen Milo Terrell of Terrell Law Office Defendant: Scores, Inc. Cause: Trademark Infringement, False Designations of Origin and False Descriptions, Trademark Dilution, Common Law Unfair Competition Court: Southern District of Indiana Judge: Judge Richard L. Young Referred To: Magistrate Judge William G. Hussmann, Jr
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
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
Plaintiff alleges that it’s WE MOVE YOUR LIFE trademark is infringed by Defendant’s domain name, www.yourlifeonthemove.com.
Indiana Intellectual Property Blog 