Tag Archives: Tim A. Baker

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

Richard Bell Files Two More Copyright Complaints

03 Friday Jul 2015

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

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Richard Bell has added two more cases to his docket (prior cases here, here, here, here, here, here, and here).

Richard N. Bell v. American Dream Coalition et al

Court Case Number: 1:15-cv-01014-LJM-MJD
File Date: Saturday, June 27, 2015
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: American Dream Coalition, Thoreau Institute
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Mark J. Dinsmore

*Dismissed August 4, 2015*

Richard N. Bell v. Randolph Ventures LLC

Court Case Number: 1:15-cv-01037-SEB-TAB
File Date: Thursday, July 02, 2015
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Randolph Ventures LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

*Dismissed January 7, 2016*

Indiana Trade Secret Litigation Update – Precision Drone v. Channel Masters

24 Tuesday Mar 2015

Posted by in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Secret

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Precision Drone, LLC designs and makes drones and software for use by farmers to monitor crops. According to the Complaint (see below), in September 2014, Precision made a deal with Channel Masters, LLC for Channel to purchase and resell the PaceSetter™ Drone in exchange for a commission on each drone and related parts sold. Precision gave Channel a demonstration drone and training manual and trained Channel’s agents on the use of the PaceSetter drone. As part of the Service Agreement, Channel agreed to not disclose confidential information and signed a non-compete. According to Precision’s complaint, Channel began working for AgriImage, a direct competitor in the agricultural drone market, and began promoting AgriImage drones instead of Precision drones.

At the Nebraska Power Farming Show in December 2014, Precision saw Channel’s agent, Tom Owen, using Precision images, training manual, and sales pitch to resell AgriImage drones. A picture of Mr. Owen using an image and “working the AgriImage booth” is Exhibit C in the court documents embedded below. Then, the very next day after the Nebraska farm show, Channel sent Precision a letter attempting to terminate the Service Agreement without cause. Precision has responded by filing a lawsuit for Breach of Contract and Misappropriation of Trade Secrets.

Precision Drone LLC v. Channel Masters LLC

Court Case Number: 1:15-cv-00476-LJM-TAB
File Date: Monday, March 23, 2015
Plaintiff: Precision Drone LLC
Plaintiff Counsel: John Stephen Terry, Russell B. Cate, and William Edwin Wendling, Jr., of Campbell Kyle Proffitt, LLP
Defendant: Channel Masters LLC
Cause: Breach of Contract, Misappropriation of Trade Secrets
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Tim A. Baker

Concert Photographer Files 4 More Copyright Lawsuits over Violation of Creative Commons License

05 Wednesday Nov 2014

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

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Philpot returns. Plaintiff is a concert photographer who posted photographs to Wikimedia under a Creative Commons Attribution 2.0 Generic license. The defendants have all allegedly used Plaintiff’s photograph(s) on their respective websites without giving proper credit to Plaintiff. Plaintiff is representing himself in these lawsuits and has filed similar complaints previously (Related Cases).

Larry G. Philpot v. Catholic Family Center
Court Case Number: 1:14-cv-01788-TWP-DML
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Catholic Family Center
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Larry G. Philpot v. WKMS/Murray State University
Court Case Number: 1:14-cv-01789-SEB-DML
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: WKMS/Murray State University
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Larry G. Philpot v. 420 Magazine, Inc.
Court Case Number: 1:14-cv-01790-RLY-MJD
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: 420 Magazine, Inc.
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

Larry G. Philpot v. WUIS/University of Illinois, Springfield
Court Case Number: 1:14-cv-01791-TWP-TAB
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: WUIS/University of Illinois, Springfield
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

Representative Complaint:

Indiana Trademark Litigation Update – Harmony School Corporation v. School Reform Initiative

30 Friday May 2014

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

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Harmony School Corporation v. School Reform Initiative, Inc.

Court Case Number: 1:14-cv-00870-TWP-TAB
File Date: Thursday, May 29, 2014
Plaintiff: Harmony School Corporation
Plaintiff Counsel: Constance R. Lindman of Smith Amundsen LLC, Robert S. Meitus, Matthew J. Clark of Meitus Gilbert Rose LLP
Defendant: School Reform Initiative, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

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

13 Tuesday May 2014

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

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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:

Indiana Trademark Litigation Update – Eli Lilly files 2 lawsuits over pet brands ELANCO, COMFORTIS, TRIFEXIS and PANORAMIS

17 Sunday Nov 2013

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

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Eli Lilly has filed two related cases involving its many lines of pet medicines, including ELANCO veterinary preparations, COMFORTIS flea-control preparations and TRIFEXIS and PANORAMIS pet medicines. The Defendants allegedly advertise and sell Australian and European version of the pet medicines branded with Eli Lilly’s trademarks through their respective websites.

Eli Lilly and Company v. Graham Nelson et al

Court Case Number: 1:13-cv-01800-JMS-DML
File Date: Tuesday, November 12, 2013
Plaintiff: Eli Lilly and Company
Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP
Defendant: Graham Nelson, Zoja Pty. Ltd.
Cause: Trademark Infringement, Unfair Competition, False Advertising, State Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

Eli Lilly and Company v. Sebastian Wiradharma et al

Court Case Number: 1:13-cv-01802-RLY-TAB
File Date: Tuesday, November 12, 2013
Plaintiff: Eli Lilly and Company
Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP
Defendant: Sebastian Wiradharma, Singpet Pte. Ltd.
Cause: Trademark Infringement, Unfair Competition, False Advertising, State Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

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