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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Sarah Evans Barker

18 Malibu Media/X-Art Copyright Lawsuits filed in Southern District of Indiana

13 Tuesday May 2014

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

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BitTorrent, Debra McVicker Lynch, Denise K. LaRue, Jane Magnus-Stinson, Litigation Update, Mark J. Dinsmore, Richard L. Young, Sarah Evans Barker, Tanya Walton Pratt, Tim A. Baker, William T. Lawrence

Plaintiff Malibu Media has filed 18 new BitTorrent copyright cases in the Southern District of Indiana on behalf of their client, “beautiful erotica”-provider X-Art. Each lawsuit is filed against a single John Doe with one claim of direct copyright infringement.

Malibu Media LLC v. John Doe subscriber assigned IP address 50.141.132.4
Court Case Number: 1:14-cv-00734-TWP-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.141.132.4
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 50.151.109.205
Court Case Number: 1:14-cv-00735-TWP-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.151.109.205
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 24.14.133.150
Court Case Number: 1:14-cv-00733-RLY-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 24.14.133.150
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 24.13.26.28
Court Case Number: 1:14-cv-00732-SEB-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 24.13.26.28
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 98.220.145.100
Court Case Number: 1:14-cv-00757
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.220.145.100
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.220.129.105
Court Case Number: 1:14-cv-00755-JMS-DKL
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.220.129.105
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.213.184.255
Court Case Number: 1:14-cv-00754-JMS-MJD
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.213.184.255
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.212.56.174
Court Case Number: 1:14-cv-00753-SEB-TAB
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.212.56.174
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Malibu Media LLC v. John Doe subscriber assigned IP address 68.51.71.237
Court Case Number: 1:14-cv-00752-SEB-DKL
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 68.51.71.237
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 67.163.85.215
Court Case Number: 1:14-cv-00740-TWP-MJD
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 67.163.85.215
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 50.165.234.83
Court Case Number: 1:14-cv-00739-WTL-DKL
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.165.234.83
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 50.151.212.213
Court Case Number: 1:14-cv-00738-SEB-MJD
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.151.212.213
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.253.168.90
Court Case Number: 1:14-cv-00763-TWP-DKL
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.253.168.90
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.253.11.177
Court Case Number: 1:14-cv-00762-SEB-DML
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.253.11.177
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 98.228.104.170
Court Case Number: 1:14-cv-00761-JMS-DKL
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.228.104.170
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.227.7.60
Court Case Number: 1:14-cv-00760-WTL-MJD
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.227.7.60
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.222.130.20
Court Case Number: 1:14-cv-00759-SEB-MJD
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.222.130.20
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.220.54.186
Court Case Number: 1:14-cv-00758-JMS-DML
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.220.54.186
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

Representative Complaint:

View this document on Scribd

Indiana Copyright Litigation Update – Richard N. Bell v. Diversified Vehicle Services et al

08 Tuesday Apr 2014

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

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Copyright Infringement, Denise K. LaRue, Litigation Update, Photography, Richard Bell, Sarah Evans Barker, Theft, Unfair Competition

INDY SKYLINEThe Plaintiff in this copyright lawsuit is an attorney and professional photographer living in McCordsville, Indiana. In 2000, Plaintiff took two photographs of the downtown Indianapolis skyline from a location on the Canal near the USS Indianapolis Memorial. Both of Plaintiff’s photographs were duly registered with the U.S. Copyright Office and posted on the Internet in August 2000. All of the various defendants have allegedly utilized Plaintiff’s photographs on their respective websites without permission.

Website owners, you should immediately check your websites to determine whether you know the source of EVERY photograph. Unless you’re certain that you have permission to use the photographs (or qualify for some exception to copyright infringement like fair use), remove/replace the photographs at once. These photograph copyright lawsuits have been occurring for far too long to continue to plead ignorance or innocent infringement. Take your own photographs, hire a photographer or license existing photographs. But don’t get caught in a lawsuit because you take the easy way out and grab an image from Google.

Whatever you do, definitely don’t use Plaintiff’s photographs…he has a long history of litigation to enforce his copyrights:

Richard N. Bell v. Mark Arruda

Bell v. Indy Cleaning Pros

Richard N. Bell v. Greg Bayers LLC et al.

Richard N. Bell v. Jerry Gordon et al.

Richard Bell v. Cameron Taylor et al.

Richard N. Bell v. Diversified Vehicle Services et al

Court Case Number: 1:14-cv-00525
File Date: Monday, April 07, 2014
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell – Pro Se
Defendant: Diversified Vehicle Services, Cameron Taylor, Taylor Computer Solutions, Rhonda Williams, Forensic Solutions Inc., Heath Garrett, Crestacom Inc., American Traveler Service Corp. LLC, Mike Cowper, Rensselaer Polytechnic Institute, Easystreet Realty Indianapolis, Drohan Management, Metal Markets, Mattison Corporation, Industrial Heating Equipment Association, Junk Dawgs, Kimberly Hinds
Cause: Copyright Infringement, Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

View this document on Scribd

Indiana Trademark Litigation Update – Noble Roman’s v. Sahara Sam’s Indoor Water Park

03 Thursday Apr 2014

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

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Breach of Contract, Breach of Franchise Agreements, Fraud, Injunctive Relief, Litigation Update, Mark J. Dinsmore, Sarah Evans Barker, Trademark Infringement

Noble Roman’s Inc. v. Sahara Sam’s Indoor Water Park, LLC

Court Case Number: 1:14-cv-00500-SEB-MJD
File Date: Tuesday, April 01, 2014
Plaintiff: Noble Roman’s Inc.
Plaintiff Counsel: Steven K. Huffer of S.K. Huffer & Associates PC
Defendant: Sahara Sam’s Indoor Water Park, LLC
Cause: Trademark Infringement, Breach of Contract, Fraud, Injunctive Relief
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

View this document on Scribd

 

Indiana Trade Dress Litigation Update – KM Innovations v. Opportunities, Inc.

13 Thursday Feb 2014

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

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Debra McVicker Lynch, Litigation Update, Sarah Evans Barker, Trade Dress Infringement, Unfair Competition

This is a trade dress lawsuit involving the product packaging for synthetic fiber snowballs. See the Complaint below for a description of the similarities and some really grainy comparison photos.

Plaintiff is based in New Castle, Indiana. Defendant is based in Colo, Iowa, which has a population of 876 and is named after a railroad official’s dog.

KM Innovations LLC v. Opportunities, Inc.

Court Case Number: 1:14-cv-00199-SEB-DML
File Date: Tuesday, February 11, 2014
Plaintiff: KM Innovations LLC
Plaintiff Counsel: Dean E. McConnell of McConnell Intellectual Property Law
Defendant: Opportunities, Inc.
Cause: Trade Dress Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

View this document on Scribd

Indiana Copyright Litigation Update – Redwall Live v. ESG Security

26 Tuesday Nov 2013

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

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Breach of Contract, Copyright Infringement, Debra McVicker Lynch, Litigation Update, Sarah Evans Barker, Unjust Enrichment

Redwall Live Corporation v. ESG Security, Inc.

Court Case Number: 1:13-cv-01849-SEB-DML
File Date: Thursday, November 21, 2013
Plaintiff: Redwall Live Corporation
Plaintiff Counsel: Steven G. Cracraft of Brannon Sowers & Cracraft PC
Defendant: ESG Security, Inc.
Cause: Copyright Infringement, Breach of Contract, Unjust Enrichment
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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