Tag Archives: Sarah Evans Barker

Indiana Trademark Litigation Update – Windstream Technologies v. Rambo, LLC

06 Wednesday Nov 2013

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

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Here’s yet another tale of a dealer relationship gone bad. Plaintiff, a California company operating in North Vernon, Indiana, is a wind turbine manufacturer.  Defendant Rambo, LLC, located in Madison, Indiana, was contracted to provide component parts and act as an authorized dealer of Plaintiff’s products in certain territories.

See the Complaint below for the Plaintiff’s version of how things went wrong. Hopefully for the rest of us these parties can sort their differences soon and get back to providing more wind energy for Indiana.

Stay tuned for updates.

Windstream Technologies, Inc. v. Rambo, LLC et al

Court Case Number: 4:13-cv-00180-SEB-WGH
File Date: Tuesday, November 05, 2013
Plaintiff: Windstream Technologies, Inc.
Plaintiff Counsel: Matthew Wilder Lorch of Lorch Law Office, LLC
Defendant: Rambo, LLC, Rambo Montrow Corporation, Rick Keebler, Does 1 through 10
Cause: Federal Unfair Competition, Passing Off, Trademark Infringement, Breach of Contract, Interference with Contract and Prospective Economic Advantage
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr.

 

Indiana Copyright Litigation Update – lautance B. Aiuppy v. Ufnowski Enterprises

21 Monday Oct 2013

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

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The Plaintiff, located in Montana, owns the rights to celebrity photographs which it licenses to online and print publication. Defendant, an Indiana company based in Brown County, Indiana, has allegedly used some photographs without authorization on their website, http://www.jeepersminiatures.com.

lautance B. Aiuppy v. Ufnowski Enterprises, LLC

Court Case Number: 1:13-cv-01647-SEB-TAB
File Date: Tuesday, October 15, 2013
Plaintiff: lautance B. Aiuppy
Plaintiff Counsel: Craig B. Sanders of Sanders Law PLLC
Defendant: Ufnowski Enterprises, LLC
Cause: Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement, Inducement of Copyright Infringement, Injunction Pursuant to 17 USC 502, Attorneys Fees and Costs Pursuant to 17 USC 505
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Indiana Copyright Litigation Update – Malibu Media v. John Doe subscriber assigned IP address 50.129.8.71

23 Monday Sep 2013

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

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MALIBU MEDIA, LLC v. John Doe subscriber assigned IP address 50.129.8.71

Court Case Number: 1:13-cv-01520-SEB-DML
File Date: Friday, September 20, 2013
Plaintiff: Malibu Media, LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti and Associates
Defendant: John Doe subscriber assigned IP address 50.129.8.71
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

See other Indiana Download Cases.

Indiana Trademark Litigation Update – Sensory Technologies v. Sensory Technology Consultants

29 Wednesday May 2013

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

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Sensory overload!

This is a fairly standard trademark dispute over the trademark “Sensory Technologies” in connection with audio-visual and video conferencing systems. Sensory Indiana (Plaintiff) is suing Sensory Utah (Defendant) after months of notice letters went unanswered. We’ll see if the lawsuit merits a response.

Sensory Technologies, LLC v. Sensory Technology Consultants, Inc.

Court Case Number: 1:13-cv-00834-SEB-DKL
File Date: Wednesday, May 22, 2013
Plaintiff: Sensory Technologies, LLC
Plaintiff Counsel: Jonathan G. Polak, Tracy N. Betz of Taft Stettinius & Hollister LLP
Defendant: Sensory Technology Consultants, Inc.
Cause: Trademark Infringement, False Designation of Origin, Unfair Competition, Declaratory Judgment, Preliminary Injunction, Permanent Injunction
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

Default Judgment of $37,371 Entered Against BitTorrent Download Defendants

15 Wednesday May 2013

Posted by in Copyright, Indiana, Litigation, Southern District of Indiana

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One month ago, Judge Jane Magnus-Stinson awarded the first default judgment in an Indiana download case. Judge Magnus-Stinson awarded the maximum allowable copyright damages for a total award of $151,425.

Today, Judge Sarah Evans Barker awarded a smaller default judgment against 3 defendants, in the amount of $37,371.66. Obviously, this is still a hefty award that many argue far outweighs any damage caused to Plaintiff by the unauthorized download of sixteen pornographic videos.

Here’s the pertinent language from the Default Judgment:

[Defendant] shall pay to Plaintiff the sum of $36,000.00 in statutory damages, as authorized under 17 U.S.C. § 504(c)(1), and $1,371.66 (which is one-third of $4,115.00) for attorneys’ fees and costs, as authorized under 17 U.S.C. § 505, making a total of $37,371.66.

For defendants in other Judge Barker download cases, this now sets an upper limit on how much they should spend on a legal defense or settlement.

Malibu Media, LLC v. John Does 1-23

Court Case Number:    1:12-cv-00841-SEB-DKL
File Date:    Monday, June 18, 2012
Plaintiff:     Malibu Media, LLC
Plaintiff Counsel:     Paul J. Nicoletti of Nicoletti & Associates, PLLC
Defendant:     John Does 1-23
Cause:    Copyright Infringement, Contributory Infringement
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore