Tag Archives: Tim A. Baker

Indiana Copyright Litigation Update – Stephane Dion v. Allwin Powersports Corp.

08 Tuesday Feb 2011

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

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Stephane Dion et al v. Allwin Powersports Corporation, Inc. et al

Conventions don’t just bring tourists. They bring lawsuits too!

Dion, a Canadian motorcycle helmet designer, is suing an Illinois corporation whose principal is a Chinese national…in the Southern District of Indiana. What brings this illustrious crowd to our fair Hoosier Halls of Justice? It’s all because of the upcoming Dealer Expo 11.

Plaintiff has filed a Motion for Preliminary Injunction (see below) to stop Defendant from selling allegedly infringing motorcycle helmets at the upcoming Powersports tradeshow from Feb. 18-20 in Indianapolis.

The two parties had previously operated under a royalty agreement but Defendant apparently stopped making payments in 2010.

There should be some fairly quick updates in this case so check back soon.

Court Case Number: 1:11-cv-00173-RLY-TAB
File Date: Friday, February 04, 2011
Plaintiff: Stephane Dion, 91934885 Quebec Inc. dba Dion Designs
Plaintiff Counsel: Joseph Peter Rompala, Todd Arthur Richardson of Lewis & Kappes
Defendant: Allwin Powersports Corporation, Inc.
Arthur Liao
MHR Helmet Co. Ltd.
Foshan Shunde Fengxing Helmets Ltd.
Jiangmen Pengcheng Helmets Ltd.
Cause: Violation of Lanham Act, Copyright Infringement, Misappropriation of Trade Secrets, Breach of Contract, Conversion, Unfair Competition, Declaratory Relief
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

COMPLAINT:

MOTION FOR PRELIMINARY INJUNCTION:

BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION:

Indiana Trademark Litigation Update – Traveler’s Joy v. Haycco

12 Sunday Dec 2010

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

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Traveler’s Joy Inc. v. Haycco, LLC

Straightforward trademark dispute with a hint of intentional imitation. Plaintiff has used the TRAVELER’S JOY trademark in connection with gift registry services since 2005. Defendant operates a honeymoon registry service at joyhoneymoon.com.  The Complaint doesn’t specify how long Defendant has been using the JOYHONEYMOON mark but the copyright notice on their website is 2009.

TRAVELER’S JOY v. JOY HONEYMOON…confusingly similar?

Court Case Number: 1:10-cv-01574-TWP-TAB
File Date: Tuesday, December 07, 2010
Plaintiff: Traveler’s Joy Inc.
Plaintiff Counsel: Robert L. Barlow, III of Bahret & Associates
Defendant: Haycco, LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Dilution of Famous Mark
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – Connecticut Electric v. Pacific Coast Breaker et al

26 Friday Nov 2010

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

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Connecticut Electric, Inc. v. Pacific Coast Breaker, Inc. et al

Plaintiff owns the  ZINSCO mark, which has been in use in connection with circuit breakers since 1974. Defendant initially bought Plaintiff’s circuits breakers for resale but then allegedly began manufacturing and selling its own counterfeit circuit breakers bearing the ZINSCO mark. Plaintiff also claims trade dress in the overall look and feel of the circuit breakers.

This case has an interesting public health component. Unlike the original ZINSCO breakers, which undergo a certification process, the knock-off breakers have not been tested (and therefore are not marked with the certification mark of a national testing lab). Let’s hope not many homes have had faulty ZINSCO breakers installed.

Court Case Number: 1:10-cv-01440-LJM-TAB
File Date: Tuesday, November 09, 2010
Plaintiff: Connecticut Electric, Inc.
Plaintiff Counsel: Douglas B. Bates of Stites & Harbison LLP, Vincent Allen of Carstens & Cahoon LLP
Defendant: Pacific Coast Breaker, Inc., PC Systems, Inc.
Cause: Trademark Counterfeiting, Trademark Infringement, Federal Trademark Dilution, Unfair Competition, False Designation of Origin & False Description, Trade Dress Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery Under IC 35-43-5-2(b), Counterfeiting Under IC 35-43-5-2(a)
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Tim A. Baker

Indiana Copyright Litigation Update – Bedrock Builders Inc. v. Town Square Homes, LLC et al

27 Wednesday Oct 2010

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

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Bedrock Builders Inc. v. Town Square Homes, LLC et al

Another case involving misappropriated architectural drawings. Home builders, you should know by now that architectural drawings are protected by copyright law. If there’s a floor plan you really like, just pay for it! The price is beans (approx. $700-1500) against the cost of building a home. The Defendants in this case allegedly took multiple tours of Plaintiff’s model homes and then proceeded to build a home strikingly similar to Plaintiff’s architectural drawings. The Complaint has a fairly detailed fact pattern to show wilful infringement.

Court Case Number: 1:10-cv-01294-RLY-TAB
File Date: Friday, October 15, 2010
Plaintiff: Bedrock Builders Inc.
Plaintiff Counsel: Brad R. Maurer, Louis T. Perry of Baker & Daniels
Defendant: Town Square Homes, LLC, Tony McLaughlin, Tom Mayer, Erin Mayer
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – Net Pro Trading Card Company, LLC v. Ace Authentic Sports memorabilia, LLC

11 Monday Oct 2010

Posted by in Intellectual Property

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Net Pro Trading Card Company, LLC v. Ace Authentic Sports memorabilia, LLC et al

Interesting case. Plaintiff Net Pro was apparently the first company to make tennis trading cards way back in 1991. Defendant also makes tennis trading cards. As part of a recent promo series, Defendant has been packaging its own cards along with older, more valuable cards of Plaintiff (e.g. a Plaintiff 2003 rookie card of Rafa Nadal, etc.) Plaintiff feels Defendant’s actions have damaged its ability to sell its own stock of older cards. Kind of a flea-market, “first sale,” nominative fair use case. Despite Plaintiff including such colorful claims as “Deception” the “Indiana Crime Victims’ Act,” I don’t think this case is an easy slam…it could definitely go 5 sets with the proper defense.

Court Case Number: 1:10-cv-01236-JMS-TAB
File Date: Thursday, September 30, 2010
Plaintiff: Net Pro Trading Card Company, LLC
Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP
Defendant: Ace Authentic Sports memorabilia, LLC, John Reichel
Cause: Trademark Infringement, False Endorsement, False Advertising, Common Law Unfair Competition, Unjust Enrichment, Conversion, Deception, Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker