Tag Archives: Tim A. Baker

Noble Roman’s sues Ex-Franchisees for Trademark Infringement, Conversion, Theft

08 Monday Feb 2021

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

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The Defendants in this lawsuit are allegedly ex-franchisees of Noble’s Romans, selling gas station pizza from numerous “Luke” gas stations across Northern Indiana.

The Defendants are alleged to have continued utilizing Noble Roman’s intellectual property to advertise and sell Noble Roman’s-branded products and services after termination of their franchise agreement. Further, the Complaint alleges that the Defendants sold unauthorized “Noble Roman’s” products from at least one non-franchised location (see Complaint below, Section 22), but that location is not specifically identified.

The lawsuit was originally filed by Noble Roman’s counsel in Marion County Superior Court in October 2020 but has now been removed to the Southern District of Indiana.

There are often widely-conflicting viewpoints when such franchise arrangements go south, so stay tuned for the Defendant’s Answer and their side of this story.

Noble Roman’s Inc. v. Gateway Triangle Corp. et al.

Court Case Number: 1:21-cv-00407-JPH-TAB
File Date: February 5, 2021 (via Notice of Removal)
Plaintiff: Noble Romans, Inc.
Plaintiff Counsel: P. Adam Davis, Esquire of Davis & Sarbinoff, LLC
Defendant: Gateway Triangle Corp., 7405 Indy Corp., 850 Indy Corp., Northlake Marketing LLC, Thomas M. Collins II
Cause: Conversion under Indiana Code § 35-43-4-3, Theft under Indiana Code §35-43-4-2, Breach of Franchise Agreement, Trademark Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Tim A. Baker

Complaint:

Dean Potter’s estate sues LG Electronics for unauthorized use of Moonwalk footage

02 Wednesday Oct 2019

Posted by in Intellectual Property, Litigation, Right of Publicity, Southern District of Indiana

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An interesting right of publicity case involving the estate of the late extreme-sports athlete Dean Potter has been filed in the Southern District of Indiana. Mr. Potter’s estate is suing LG Electronics for unauthorized use of Mr. Potter’s likeness and appearance. In a commercial titled Listen. Think. Answer., LG uses footage from the movie Moonwalk, in which Mr. Potter traverses a highline tied to Cathedral Peak in Yosemite National Park as the full moon rises in the background, to advertise the LG OLED TV with AI.

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LG claims to have obtained a license to use the Moonwalk footage from Moonwalk’s director, Mikey Schaefer. However, the Complaint (below) asserts that Mr. Potter had signed a release for still photographs only, not video footage. Potter’s estate also maintains that Mr. Schaefer was not able to authorize licenses or sublicenses, meaning Schaefer could exploit the Moonwalk footage himself but not authorize third-party exploitation such as the LG commercial.

“Because Mr. Potter never consented to Mr. Schaefer’s trading in the invaluable equity of Mr. Potter’s likeness in Moonwalk, and/or his reputation as a highlining pioneer, to shill television sets, Mr. Schaefer could not license to Defendants Mr. Potter’s rights, including, inter alia, Potter’s publicity and common law trademark rights.”

This should be an interesting case to follow. Stay tuned for updates. RIP Dean Potter.

“Defendant’s advertisement of a product that enables a sedentary lifestyle, wherein material demands can be met without moving from the couch in the confines of one’s living room, is antithetical to what Mr. Potter stood for in life: an appreciation of the splendor of the outdoors and a celebration of the freedom to forge one’s own path in uncharted terrain.”

Dean Potter LLC v. LG Electronics USA, Inc.

Court Case Number: 1:19-cv-04085-JPH-TAB
File Date: Tuesday, October 1, 2019
Plaintiff: Dean Potter LLC
Plaintiff Counsel: John Tehranian, Jenny S. Kim of ONE LLP
Defendant: LG Electronics USA, Inc.
Cause: Infringement of Right of Publicity, False Association, False Endorsement, Common Law Unfair Competition, Unjust Enrichment, Conversion, Deception, Violation of Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Tim A. Baker

Complaint:

WORLD OF LEGGINGS vs. LEGGINGS WORLD…are you confused?

17 Tuesday Apr 2018

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

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The Plaintiff in this trademark lawsuit, California-based Muscle Flex, Inc., operates a hosiery website, worldofleggings.com, which boasts “5.5 million visitors, 27 million views, and millions of dollars in sales across the United States.”

The Defendants operate several hosiery stores called “Leggings World” inside Simon Property Group (“Simon”) properties across the Midwest and Northeast. Simon is included as a defendant in the lawsuit.

When Muscle Flex complained of the infringement to Simon, Simon responded by removing instances of “Leggings World” from its website and digital directories inside its malls, and sending cease-and-desist letters to tenants operating under the “Leggings World” name in its properties.

However, this didn’t satisfy Muscle Flex, which also wants to receive some money for damages, leading to some slight lawyer shade:

Simon has seemingly thrown in the towel on Leggings World, removing it from all Simon online directories (really, go try to find a store online), but we’ll see whether Leggings World decides to challenge Muscle Flex and continue operating the physical stores. Stay tuned for updates.

Muscle Flex, Inc. v. Simon Property Group, L.P. et al.

Court Case Number: 1:18-cv-1140
File Date: Friday, April 13, 2018
Plaintiff: Muscle Flex, Inc.
Plaintiff Counsel: Christopher A. Brown of Woodard, Emhardt, Moriarty, McNett & Henry LLP, Connor Lynch of Lynch LLP (pro hac vice)
Defendants: Simon Property Group, L.P., Simon Property Group, Inc., Matt Murat Dagli, New Purple LLC
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Trademark Dilution, Common Law Trademark Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Tim A. Baker

Complaint:

Indiana Copyright Litigation Update – Ellsworth v. Mission 22

04 Monday Jan 2016

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

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Defendant is alleged to have created an unauthorized derivative work – a sculpture – based on Plaintiff’s painting of the silhouettes of 22 soldiers and related woodblock prints.

Ellsworth v. Mission 22 AKA Elder Heart Inc.

Court Case Number: 1:15-cv-02031-TWP-TAB
File Date: Tuesday, December 29, 2015
Plaintiff: Angela Ellsworth
Plaintiff Counsel: Thomas A. Herr, Jeremy N. Gayed of Barrett McNagny LLP
Defendant: Mission 22 AKA Elder Heart Inc.
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

Complaint:

Exhibit A:

Exhibit E:

Indiana Trademark Litigation Update – 7E Spa Licensing Group v. 7EFS of Wheatridge & 7EFS of Highlands Ranch

16 Thursday Jul 2015

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

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Here are two related cases (same Plaintiff) where licensing arrangements went bad:

7E Spa Licensing Group LLC et al v. Susan Dier et al

Court Case Number: 1:15-cv-01111-RLY-TAB
File Date: Wednesday, July 15, 2015
Plaintiff: 7E Spa Licensing Group LLC, 7E Holdings 1 LLC, 7E LLC
Defendant: Susan Dier, 7EFS of Wheatridge LLC, Spectrum Medspa
Cause: Trademark Infringement, Unfair Competition, Indiana Crime Victims Act, Breach of Licensing Agreement, Breach of Operating Agreement, Breach of Equipment Lease, Tortious Interference, Breach of Fiduciary Duties
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

7E Spa Licensing Group LLC et al v. 7EFS of Highlands Ranch LLC et al

Court Case Number: 1:15-cv-01109-TWP-TAB
File Date: Wednesday, July 15, 2015
Plaintiff: 7E Spa Licensing Group LLC, 7E Holdings 1 LLC, 7E LLC
Defendant: 7EFS of Highlands Ranch LLC, Spectrum Medspa, Gordon Smith, Jane Smith
Cause: Trademark Infringement, Unfair Competition, Indiana Crime Victims Act, Breach of Licensing Agreement, Breach of Operating Agreement, Breach of Equipment Lease, Tortious Interference, Breach of Fiduciary Duties
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker