Tag Archives: William G. Hussmann

Indiana Copyright Litigation Update – Union Hospital v. Attachmate Corporation

20 Thursday Feb 2014

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

≈ Leave a comment

Tags

, , , ,

Plaintiff has been licensing software from Defendant for about 16 years. In response to claims by Defendant that Plaintiff has exceeded the terms of the license (and a corresponding demand for $2 million in compensatory fees/damages), Plaintiff brings this action for declaratory judgment of non-infringement.

Union Hospital, Inc. v. Attachmate Corporation

Court Case Number: 2:14-cv-00045-JMS-WGH
File Date: Wednesday, February 19, 2014
Plaintiff: Union Hospital, Inc.
Plaintiff Counsel: Stephen E. Reynolds, Michael A. Wukmer of Ice Miller LLP
Defendant: Attachmate Corporation
Cause: Declaratory Judgment on Copyright Infringement Claims, Declaratory Judgment on Copyright Infringement Claims for Unregistered Copyrights, Declaratory Judgment on Breach of Contract Claims
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Trademark Litigation Update – Windstream Technologies v. Rambo, LLC

06 Wednesday Nov 2013

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

≈ Leave a comment

Tags

, , , , , , ,

pgfu1

Here’s yet another tale of a dealer relationship gone bad. Plaintiff, a California company operating in North Vernon, Indiana, is a wind turbine manufacturer.  Defendant Rambo, LLC, located in Madison, Indiana, was contracted to provide component parts and act as an authorized dealer of Plaintiff’s products in certain territories.

See the Complaint below for the Plaintiff’s version of how things went wrong. Hopefully for the rest of us these parties can sort their differences soon and get back to providing more wind energy for Indiana.

Stay tuned for updates.

Windstream Technologies, Inc. v. Rambo, LLC et al

Court Case Number: 4:13-cv-00180-SEB-WGH
File Date: Tuesday, November 05, 2013
Plaintiff: Windstream Technologies, Inc.
Plaintiff Counsel: Matthew Wilder Lorch of Lorch Law Office, LLC
Defendant: Rambo, LLC, Rambo Montrow Corporation, Rick Keebler, Does 1 through 10
Cause: Federal Unfair Competition, Passing Off, Trademark Infringement, Breach of Contract, Interference with Contract and Prospective Economic Advantage
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr.

 

Indiana Copyright Litigation Update – Microsoft Corporation v. Mister HardDrive

09 Sunday Jun 2013

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Trademark

≈ Leave a comment

Tags

, , , , , , , , , ,

Defendants are alleged to have advertised, marketed, installed, offered and distributed unauthorized copies of Microsoft software after Microsoft warned them of the consequences, infringing Microsoft’s copyrights and trademarks.

Microsoft Corporation v. Mister HardDrive et al

Court Case Number: 4:13-cv-00079-TWP-WGH
File Date: Thursday, June 06, 2013
Plaintiff: Microsoft Corporation
Plaintiff Counsel: James Dimos of Frost Brown Todd LLC
Defendant: Mister Harddrive, Mister HardDrive Wipe and Restore, Mark Cady
Cause: Copyright Infringement, Trademark Infringement, False Designation of Origin, False Description and Representation, Common Law Unfair Competition, For Imposition of a Constructive Trust Upon Illegal Profits, Accounting
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge William G. Hussmann, Jr

Indiana Trademark Litigation Update – XP Innovation v. Ian Smith

13 Saturday Apr 2013

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

≈ Leave a comment

Tags

, , , , , , , ,

This appears to be Indiana’s first “Sponsored” ad case. Anyone who uses Facebook has seen the “Sponsored” ads on the right side of their screen. Those ads are one of the primary ways that Facebook makes money. Similar to the “keyword advertising” cases revolving around Google’s keyword searches, it now appears the time has come to litigate over what constitutes an acceptable use of someone else’s trademark in one of Facebook’s sponsored ads.

Quick summary of the facts:

1. Defendant ran the following Sponsored ad on Facebook:

Dans Comp Ad

2. Clicking the link takes users to a separate website where they complete a survey and enter their name, email and phone number in hopes of winning a free Dan’s Comp bicycle. Due to the prominent use of the Dan’s Comp logo, that website appears to be affiliated with Dan’s Comp (although it is not).

3. Nobody ever wins a bicycle.

4. Dan’s Comp’s reputation is damaged and the consuming public is potentially harmed.

Stay tuned for updates.

XP Innovation LLC v. Ian Smith

Court Case Number: 3:13-cv-00106-RLY-WGH
File Date: Friday, April 12, 2013
Plaintiff: XP Innovation LLC
Plaintiff Counsel: Amie P. Carter, Louis T. Perry of Baker & Daniels
Defendant: Ian Smith
Cause: Trademark Infringement, Unfair Competition and False Designation of Origin, False Advertising, Common Law Unfair Competition and Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Copyright Litigation Update – BMI v. Southside II

08 Friday Feb 2013

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

≈ Leave a comment

Tags

, , ,

Broadcast Music Inc. et al v. Southside II Inc. et al

Court Case Number: 3:13-cv-00019-RLY-WGH
File Date: Tuesday, February 05, 2013
Plaintiff: Broadcast Music Inc., Paul Simon Music, Concord Music Group, EMI Unart Catalog Inc., Cyanide Publishing, Sony/ATV Songs LLC, Songs of Universal Inc., Escatawpa Songs, Buffalo Prairie Songs, Showbilly Music, EMI Blackwood Music Inc., Jackaboy Songs
Plaintiff Counsel:
Defendant: Southside II Inc., Mary Miller, Todd Miller, Amanda Miller
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr