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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Tim A. Baker

Indiana Copyright Litigation Update – Malibu Media v. John Doe subscriber assigned IP address 50.129.162.170

23 Monday Sep 2013

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

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BitTorrent, Litigation Update, Malibu Media, Paul J. Nicoletti, Tim A. Baker, William T. Lawrence

Malibu Media, LLC v. John Doe subscriber assigned IP address 50.129.162.170

Court Case Number: 1:13-cv-01518-WTL-TAB
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 50.129.162.170
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker

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See other Indiana Download Cases.

Indiana Copyright Litigation Update – Sissom v. Snow

01 Saturday Jun 2013

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

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Amazon, Copyright Infringement, Defamation, Intentional Infliction of Emotional Distress, Litigation Update, Penguin, Tim A. Baker, William T. Lawrence

Carol L. Sissom v. Robert L. Snow et al

Court Case Number: 1:13-cv-00882-WTL-TAB
File Date: Thursday, May 30, 2013
Plaintiff: Carol L. Sissom
Plaintiff Counsel: Maria Matters of Maria Matters at Law
Defendant: Robert L. Snow, Berkley Publishing Group, Penguin Group (USA) Inc., Barnes and Nobel Booksellers, Inc., Amazon, Inc.
Cause: Copyright Infringement, Intentional Infliction of Emotional Distress, Defamation
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker

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Indiana Copyright Litigation Update – Leeway Media Group v. Laurence Joachim

28 Tuesday May 2013

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

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Declaratory Judgment of No Copyright Infringement, Declaratory Judgment of No Standing, Declaratory Judgment of No Unfair Uncompetition, Declaratory Judgment of No Valid Copyright, Jane Magnus-Stinson, Litigation Update, Tim A. Baker

Check out Bruce Lee’s first Hollywood screen test from 1965. Approximately 91 seconds of the over eight minute long video was used in the documentary, I Am Bruce Lee, which aired on Spike TV in February 2012. That July, Laurence Joachim contacted Leeway (which represents the deceased kung-fu star’s interests) and claimed to own the copyright to the screen test. Leeway has received a 1974 copyright registration but no evidence to the chain of title between the filming (1965) and the registration (1974). Mr. Joachim’s counsel, apparently, announced intentions to proceed with litigation unless Leeway paid a six figure settlement. “The demands and threats… have created and actual justiciable claim or controversy such that declaratory relief represents the appropriate remedy.”

Leeway wants the Court to declare both that Mr. Joachim has no copyright in the screen test and that Leeway has not infringed on any of Mr. Joachim’s rights. Stay tuned for updates.

Leeway Media Group LLC v. Laurence Joachim et al

Court Case Number: 1:13-cv-00822-JMS-TAB
File Date: Monday, May 20, 2013
Plaintiff: Leeway Media Group LLC
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: Laurence Joachim, Trans-National Film Corporation
Cause: Declaration of No Valid Copyright, Declaration of No Standing, Declaration of No Copyright Infringement, Declaration of No Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

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Trial Scheduled for Indiana’s First Keyword Advertising Case

09 Thursday May 2013

Posted by Kenan Farrell in Bloggers, Indiana, Intellectual Property, Litigation, Social Media, Tech Developments, Trademark

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Tags

Angie's List, Common Law Unfair Competition, Keyword Advertising, Litigation Update, Request for Preliminary and Permanent Injunctive Relief, Sarah Evans Barker, Tim A. Baker, Trade Disparagement, Trademark Dilution, Trademark Infringement, Unfair Competition, Unjust Enrichment

Indiana’s first keyword advertising case is now set for trial. However, don’t hold your breath if you’re waiting for an answer to whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement. The Angie’s List/ServiceMagic trial won’t take place for over a year.

On May 6, a Scheduling Order set a bench trial for October 6, 2014 (at 9:30 AM in Room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker). A settlement conference was held  between the parties in February 2013 but no settlement was reached. Based on the importance of this question to the parties involved, I expect this case to go to trial, however long that may take.

In the meantime, you can review the Answer to Complaint and Answer to Counterclaims below. Stay tuned for updates.

DEFENDANT SERVICEMAGIC, INC.’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS:

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ANGIE’S LIST’S ANSWER TO SERVICEMAGIC’S COUNTERCLAIMS:

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Indiana Copyright Litigation Update – Malibu Media LLC v. John Doe (389)

09 Saturday Mar 2013

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

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Tags

Copyright Infringement, Litigation Update, Paul J. Nicoletti, Sarah Evans Barker, Tim A. Baker

Malibu Media LLC v. John Doe

Court Case Number: 1:13-cv-00389-SEB-TAB
File Date: Friday, March 08, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

View this document on Scribd
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