• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Unjust Enrichment

Indiana Trademark Litigation Update – Angie’s List v. ServiceMagic

07 Thursday Jun 2012

Posted by Kenan Farrell in Bloggers, Branding, Indiana, Indianapolis, Intellectual Property, Litigation, Social Media, Southern District of Indiana, Tech Developments, Trademark

≈ Leave a comment

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 finally has its own keyword advertising case!

Local internet powerhouse Angie’s List accuses ServiceMagic of using the “Angie’s List” trademark as a keyword in some of its Google AdWords sponsored link advertisements. While several courts around the country have ruled on this issue, in Indiana it is still undetermined whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement.

For those unfamiliar with keyword advertising, see the image below. ServiceMagic pays Google to appear in the “Ads related to” box at the top of the search results for the term “Angie’s List,” directly below Angie’s List’s official site. Big companies hate this practice and small competitors love it. Google really loves it, because advertising is where Google gets a big chunk of their revenue. We’ll soon find out what the Southern District of Indiana, via Judge Sarah Evans Barker, thinks about it.

This is no David and Goliath story either. ServiceMagic’s parent company IAC owns many major web products, including Ask.com, Match.com and Vimeo.

Stay tuned for updates as the case proceeds.

Angie’s List Inc. v. Servicemagic Inc.

Court Case Number:    1:12-cv-00755-SEB-TAB
File Date:    Friday, June 01, 2012
Plaintiff:     Angie’s List Inc.
Plaintiff Counsel:     George A. Gasper, Michael A. Wukmer, Bradley M. Stohry of Ice Miller LLP
Defendant:     ServiceMagic Inc.
Cause:    Trademark Infringement, Unfair Competition, Trade Disparagement, Trademark Dilution, Common Law Unfair Competition, Unjust Enrichment, Request for Preliminary and Permanent Injunctive Relief
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

View this document on Scribd

Indiana Copyright Litigation Update – Pamela Mougin v. French Lick Resorts and Casino

12 Wednesday Oct 2011

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

≈ Leave a comment

Tags

Breach of Contract, Copyright Infringement, French Lick Casino & Resort, Mark J. Dinsmore, Pamela Mougin, Tanya Walton Pratt, Unjust Enrichment, Violation of Visual Artists Rights

Pamela Mougin v. French Lick Resorts and Casino LLC et al

Court Case Number: 1:11-cv-01367-TWP-MJD
File Date: Tuesday, October 11, 2011
Plaintiff: Pamela Mougin
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: French Lick Resorts and Casino LLC, Worth Group, John Does 1-10
Cause: Copyright Infringement, Violation of Visual Artists Rights, Breach of Contract, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore

Amended Complaint:

View this document on Scribd

 

Stipulated Order of Dismissal:

View this document on Scribd

Indiana Trademark Litigation Update – Century 21 v. Realty One Limited

12 Wednesday Oct 2011

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

≈ Leave a comment

Tags

Audit Demand/Accounting, Breach of Contract, Century 21, Common Law Unfair Competition, False Designation of Origin, Litigation Update, Realty One Limited, Trademark Dilution, Trademark Infringement, Unjust Enrichment, William T. Lawrence

Century 21 Real Estate, LLC v. Realty One Limited et al

Court Case Number: 2:11-cv-00269-WTL-MJD
File Date: Tuesday, October 11, 2011
Plaintiff: Century 21 Real Estate, LLC                                                                                              
Plaintiff Counsel: Ryan T. Brown of Gordon & Rees LLP
Defendant: Realty One Limited
Steven Ault
Cause: Trademark Infringement, Breach of Contract, Common Law Unfair Competition, False Designation of Orgin, Trademark Dilution, Audit Demand/Accounting and Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

View this document on Scribd

Indiana Trademark Litigation Update – Century 21 Real Estate v. Destiny Real Estate Properties

06 Wednesday Jul 2011

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trademark

≈ Leave a comment

Tags

Andrew P. Rodovich, Breach of Contract, Common Law Unfair Competition, False Advertising, False Designation of Origin, Jon E. DeGuilio, Trademark Dilution, Trademark Infringement, Unjust Enrichment


Century 21 Real Estate LLC v. Destiny Real Estate Properties LLC et al

Century 21 Real Estate has filed a complaint against Destiny Real Estate Properties, formerly doing business as Century 21 Destiny Real Estate, and owner Daniel Sutton.

The two companies entered a franchise agreement in 1999.  The agreement was renewed in 2007 and was set to extend through 2017.  In March, 2011, a franchise agreement between the two companies was terminated due to a failure by Destiny to pay royalties.  Despite this termination, Destiny is alleged to have, against prior franchise agreements, “continued to flagrantly use the CENTURY 21® Marks to induce the public to use real estate services provided by their real estate brokerage office under the guise of a continuing association with Century 21…”

As of this post, the Destiny Real Estate website is still using the Century 21 logo and still displays the company’s former name, Century 21 Destiny Real Estate.

Court Case Number: 4:11-cv-00038-JD -APR
File Date: Wednesday, July 06, 2011
Plaintiff: Century 21 Real Estate LLC
Plaintiff Counsel: Ryan T. Brown of Gordon & Rees LLP
Defendant: Destiny Real Estate Properties LLC, Daniel Sutton
Cause: Trademark Infringement, False Designation of Origin/False Advertising, Trademark Dilution, Common Law Unfair Competition, Breach of Contract: Franchise Agreement, Breach of Contract – Personal Guaranty, Audit Demand/Accounting, Unjust Enrichment
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Andrew P. Rodovich

View this document on Scribd

Indiana Copyright Litigation Update – Susan Lynch v. Math-U-See

04 Saturday Jun 2011

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

≈ Leave a comment

Tags

Accounting, Breach of Contract, Breach of Fiduciary Duty, Breach of Good Faith, Christopher A. Nuechterlein, Copyright Infringement, Jon E. DeGuilio, Litigation Update, Promissory Estoppel, Tortious Interference with Contract, Tortious Interference with Prospective Business Relations, Unjust Enrichment, Unjust Quantum Meruit, Violation of Law 75 of Puerto Rico, Violation of Tennessee Unfair Trade Practices Act, Violation of the Idaho Unfair Trade Practices Act, Violation of the Illinois Franchise Act, Violation of the Illinois Unfair Trade Practices Act, Violation of the Indiana Franchise Act, Wrongful Conversion of Customer List

Susan Lynch et al v. Math-U-See Inc et al

Court Case Number: 3:11-cv-00233-JD -CAN
File Date: Friday, June 03, 2011
Plaintiff: Susan Lynch, Math-U-See Indiana Inc, Lisa Angle, Jim Angle
Plaintiff Counsel: Brent E Inabnit, Joshua A Visser of Sopko Nussbaum Inabnit & Kaczmarek
Defendant: Math-U-See Inc, Steven Demme, Ethan Demme
Cause: Breach of Contract, Breach of Good Faith, Breach of Fiduciary Duty, Violation of the Indiana Franchise Act, Violation of Illinois Franchise Act, Violation of the Idaho Unfair Trade Practices Act, Violation of Illinois Unfair Trade Practices Act, Violation of Tennessee Unfair Trade Practices Act, Violation of Law 75 of Puerto Rico, Tortious Interference with Contract, Tortious Interference with Prospective Business Relations, Wrongful Conversion of Customer List, Promissory Estoppel, Unjust Enrichment/Quantum Meruit, Copyright Infringement, Accounting,
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

View this document on Scribd
← Older posts
Newer posts →

Categories

  • Advertising Law (1)
  • Artists (23)
  • Authors (20)
  • Bloggers (37)
  • Branding (29)
  • Business Law (9)
  • Copyright (327)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (5)
  • Federal Initiatives (33)
  • Indiana (603)
  • Indianapolis (51)
  • Intellectual Property (662)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (595)
  • Musicians (13)
  • Nonprofit (6)
  • Northern District of Indiana (215)
  • Patent (44)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (56)
  • Southern District of Indiana (369)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (26)
  • Trade Secret (15)
  • Trademark (363)
  • What I'm Reading (8)

Bloggers Copyright Federal Initiatives Indiana Indianapolis Intellectual Property Legislation Litigation Northern District of Indiana Patent Social Media Southern District of Indiana Stories from the Week that Was Tech Developments Trademark

Blog at WordPress.com.

  • Subscribe Subscribed
    • Indiana Intellectual Property Blog
    • Join 81 other subscribers
    • Already have a WordPress.com account? Log in now.
    • Indiana Intellectual Property Blog
    • Subscribe Subscribed
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...