Tag Archives: Unjust Enrichment

Indiana Right of Publicity Litigation Update – The Estate of Bette Davis v. Erickson Beamon

17 Saturday Nov 2012

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

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The Estate of Bette Davis et al v. Erickson Beamon, Ltd.

Court Case Number: 1:12-cv-01687-JMS-DKL
File Date: Friday, November 16, 2012
Plaintiff: The Estate of Betty Davis, CMG Worldwide, Inc.
Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP
Defendant: Erickson Beamon, Ltd.
Cause: Indiana State Statutory Right of Publicity, California State Statutory Right of Publicity, Other Statutory and Common Law Rights of Publicity, Unfair Competition, 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 Denise K. LaRue

Indiana Copyright Litigation Update – Sharon Chobat v. Dale Earnhardt, Inc.

28 Saturday Jul 2012

Posted by in Intellectual Property

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Sharon Chobat v. Dale Earnhardt, Inc. et al

Court Case Number: 1:12-cv-01041-TWP-DML
File Date: Friday, July 27, 2012
Plaintiff: Sharon Chobat
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: Dale Earnhardt, Inc., Smyle Media Consulting, Teresa Earnhardt
Defendant Counsel: Wayne C. Turner, Nathan Lee Lundquist
Cause: Copyright Infringement, Breach of Contract, Tortious Interference with Contract, Unjust Enrichment, Conversion, Fraud, Indiana Crime Victims Act
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Hospitality International v. Indiana Hospitality Real Estate & Management

23 Monday Jul 2012

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

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Plaintiff, Hospitality International Inc., offers franchise opportunities for hotel and motel owners. They own the rights to 5 brands, including Red Carpet Inn, Passport Inn, Master Hosts Inns, Downtowner Inns and the subject of this lawsuit, Scottish Inns. Defendant has allegedly been operating under the Scottish Inns brand without authorization since 2009. Defendant’s predecessor-in-interest had a license agreement (see below) but Defendant never entered into an agreement and allegedly owe back-royalties of around $29,000. After Defendant failed to timely respond to Plaintiff’s cease-and-desist letter (see below), this lawsuit was filed, claiming trademark infringement and unjust enrichment.

Stay tuned for updates.

Hospitality International Inc. v. Indiana Hospitality Real Estate & Management LLC

Court Case Number: 1:12-cv-00998-WTL-MJD
File Date: Thursday, July 19, 2012
Plaintiff: Hospitality International Inc.
Plaintiff Counsel: Michael R. Franceschini of Ayres Carr & Sullivan PC
Defendant: Indiana Hospitality Real Estate & Management LLC
Cause: Trademark Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Complaint:

License Agreement:

Cease & Desist Letter:

Indiana Copyright Litigation Update – Keystone Builders Resource Group v. Kennis R. Went, Jr. et al

11 Wednesday Jul 2012

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

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Architectural drawings are copyrightable. In this matter, Defendant has allegedly used Plaintiff’s architectural drawings without authorization. Note that the court’s scanned copy is missing Page 9 (and many of the pages are askew), so there’s a third claim I did not reference.

Let me know in the comments if you’re interested in updates to this case.

Keystone Builders Resource Group, Inc. et al v. Kennis R. Went, Jr. et al

Court Case Number: 1:12-cv-00939-SEB-DML
File Date: Tuesday, July 10, 2012
Plaintiff: Keystone Builders Resource Group, Inc., Lockridge Homes-Indianapolis, LLC
Plaintiff Counsel: Paul Joseph Carroll of Mercer Belanger
Defendant: Kennis R. Went, Jr., Jennifer S. Went, David Martin, Cassidy Martin, Dennis Vessels
Cause: Copyright Infringement, Misappropriation of Trade Secret, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Century 21 Real Estate v. Realty Group I

24 Sunday Jun 2012

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

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Century 21 Real Estate, LLC v. Realty Group I, LLC f/d/b/a Century 21 Realty Group I et al

Court Case Number:    1:12-cv-00862-WTL-DML
File Date:    Thursday, June 21, 2012
Plaintiff:     Century 21 Real Estate, LLC
Plaintiff Counsel:     Patrick F. Moran of Gordon & Rees LLP
Defendant:     Realty Group I, LLC f/d/b/a Century 21 Realty Group I, Realty Group McCoun/82nd Street, LLC f/d/b/a Century 21 Realty Group, Kevin Kirkpatrick, John Dick, Phillip McCoun
Cause:    Trademark Infringement, False Designation of Origin, False Advertising, Trademark Dilution, Common Law Unfair Competition, Breach of Contract, Audit Demand/Accounting, Unjust Enrichment
Court:    Southern District of Indiana
Judge:     Judge William T. Lawrence
Referred To: Magistrate Judge Debra McVicker Lynch