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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Sarah Evans Barker

Plan B Games files Answer in Great Western Trail Litigation

01 Tuesday Oct 2019

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

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Common Law Unfair Competition, Conspiracy, False Designation of Origin, Federal Unfair Competition, Indiana Trademark Infringement, Mark J. Dinsmore, Sarah Evans Barker

Plan B Games has filed its Answer and Affirmative Defenses in the “Great Western Trail” lawsuit filed by Stronghold Games.

View this document on Scribd

The Answer is the standard cut-and-paste “Defendants lack knowledge or information sufficient to form a belief as to the truth of the allegations,” with just a few admissions to factual information.

The Affirmative Defenses, starting on Page 25,  challenge the Plaintiff’s rights in the GREAT WESTERN TRAIL trademark.

Stay tuned for updates.

Indie Game Studios, LLC v. Plan B Games, Inc et al.

Court Case Number: 1:19-cv-1492-SEB-MJD
File Date: Monday, April 15, 2019
Plaintiff: Indie Game Studios, LLC d/b/a Stronghold Games LLC
Plaintiff Counsel: Patrick J. Olmstead, Jr., John Bradshaw
Defendant: Plan B Games, Inc., Plan B Games Europe GMBH
Defendant Counsel: Burton S. Ehrlich of Ladas & Parry LLP, Darlene Seymour
Cause: Federal Unfair Competition, False Designation of Origin, Indiana Trademark Infringement, Common Law Unfair Competition, Conspiracy
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Mark J. Dinsmore

 

Rich Bell sues Aramark Corporation over unauthorized use of Indianapolis skyline photograph

29 Monday Aug 2016

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

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Mark J. Dinsmore, Photography, Richard Bell, Sarah Evans Barker

This time around Mr. Bell has snagged a big fish, the Aramark Corporation, specifically the Indianapolis branch of their Refreshment Services Division.

Somebody has unwisely used Mr. Bell’s skyline photograph on the Indianapolis branch’s website: http://www.aramarkrefreshments.com/webstore/nav/locations/Indianapolis.action

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

Screen Shot 2016-05-27 at 6.52.34 AM

Court Case Number: 1:16-cv-02291-SEB_MJD
File Date: Friday, August 26, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Aramark Corporation
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge: 
Sarah Evans Barker
Referred To: Mark J. Dinsmore

Complaint:

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Exhibit B (Screen Shot of Defendant’s website):

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Horror film The Lazarus Effect accused of infringing Pro Se Plaintiff’s script

13 Monday Jun 2016

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

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Copyright Infringement, Matthew P. Brookman, Pro Se, Sarah Evans Barker

Defendants, creators of a horror movie titled The Lazarus Effect (starring Olivia Wilde and Mark Duplass), are accused of infringing the pro se Plaintiff’s literary work, Lazari Taxa. The Complaint doesn’t specify which copyrightable elements from Plaintiff’s manuscript were allegedly copied by the horror film.

Stay tuned for updates.

Screen Shot 2016-06-13 at 7.03.26 AM

Fillmore v. Blum et al.

Court Case Number: 1:16-cv-01423-SEB-MPB
File Date: Thursday, June 9, 2016
Plaintiff:
Christopher “Chris” Wayne Fillmore
Plaintiff Counsel: 
Pro Se
Defendant: Jason Blum d/b/a Blumhouse Productions, Jeanette Brill, Luke Dawson, Matthew Kaplan d/b/a Chapter One Films, Robyn Marshall, Jimmy Miller d/b/a Mosaic Management, Rick Osaka d/b/a Catchlight Films, Jeremy Slater, Cody Zwieg d/b/a Supergravity Pictures, Does 1-10
Cause: Copyright Infringement
Court: 
Southern District of Indiana
Judge: 
Sarah Evans Barker
Referred To: Matthew P. Brookman

Complaint:

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Author dissatisfied with own cover art sues book publisher

08 Wednesday Jun 2016

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

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Copyright Infringement, Debra McVicker Lynch, Sarah Evans Barker, Violation of Visual Artists Rights

This dispute arises between an author and his book publisher. In addition to writing a book, the author also designed his own original artwork for the cover. After two rounds of artwork proofs, the publisher allegedly went ahead and published the book without the author’s final approval (the author had actually signed the final approval form but claims to have later redacted his approval via email…the full story is laid out in the Exhibits below).

The book publisher is alleged to have “knowingly published and printed Plaintiff’s Works even after Plaintiff made very clear to Defendant of his displeasure and dissatisfaction of the cover art for his Works as proposed by Defendant.”

In case you’re wondering, the VARA right of attribution – by which the author could prevent the use of his name in connection with a prejudicial modification of his work – doesn’t apply here due to the exception in 17 USC 106A(c)(3):

(3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, or other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (B) of the definition of “work of visual art” in section 101

Here’s that section from 17 USC 101, my emphasis added:

(A)(i) any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, data base, electronic information service, electronic publication, or similar publication;

(ii) any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container

Stay tuned for updates.

Screen Shot 2016-06-08 at 7.41.24 AM

Murdock v. Author Solutions, LLC

Court Case Number: 1:16-cv-01398-SEB-DML
File Date: Tuesday, June 7, 2016
Plaintiff:
Antara Murdock
Plaintiff Counsel:
Mathew K. Higbee, Esq. of Higbee & Associates
Defendant: Author Solutions, LLC
Cause: Copyright Infringement
Court: 
Southern District of Indiana
Judge:
Sarah Evans Barker
Referred To: Debra McVicker Lynch

Complaint:

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Exhibits:

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Today’s Richard Bell copyright targets…wholesale insurance brokerage, IT company and judgment enforcement agency

19 Thursday May 2016

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

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Debra McVicker Lynch, Denise K. LaRue, Larry J. McKinney, Mark J. Dinsmore, Photography, Richard Bell, Sarah Evans Barker, William T. Lawrence

Skyline photographer Richard Bell has filed three additional copyright infringement lawsuits, this time against a wholesale insurance brokerage, an IT company and a judgment enforcement agency.

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

Screen Shot 2016-05-16 at 4.10.54 PM

Court Case Number: 1:16-cv-01211-SEB-DML
File Date:
Monday, May 16, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Knapp, Judgment Recovery of Indiana
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge: 
Sarah Evans Barker
Referred To: 
Debra McVicker Lynch

Court Case Number: 1:16-cv-01225-WTL-DKL
File Date:
 Wednesday, May 18, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Future Technology Solutions, LLC
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge: 
William T. Lawrence
Referred To: 
Denise K. LaRue

Court Case Number: 
File Date:
 Wednesday, May 18, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: AmWINS Group Inc.
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge: 
Larry J. McKinney
Referred To: 
Mark J. Dinsmore

Representative Complaint:

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