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Articles Posted in Damages

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Honest Abe Roofing Sues Franchisee for Violation of Agreements

Terre Haute, Indiana – The Plaintiff, Honest Abe Roofing Franchise, Inc. (“Honest Abe”), is an Indiana Corporation with its principal place of business in Terre Haute, Indiana.  Honest Abe has been installing, repairing, and maintaining residential roofs since 2005.  They have numerous locations in multiple states. The Defendants, DCH &…

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Oakley Sues Local Business for Trademark Infringement

Indianapolis, Indiana – The Plaintiff, Oakley, Inc. (“Oakley”), is an American company operating as an independent subsidiary of Luxottica Group S.p.A.  Oakley designs, develops and manufactures sports equipment and lifestyle pieces including, sunglasses, sports visors, ski/snowboard googles, watches, apparel, backpacks, shoes, optical frames, and other accessories.  Oakley currently holds more…

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Former Employee Sues Kilroy’s for Copyright Infringement

Indianapolis, Indiana – Plaintiff, Elijah Schwartz (“Schwartz”) filed suit against his former Employer and Defendants, Kilroy’s North America LLC, Kilroy’s Sports, LLC, and Kilroy’s on Kirkwood, LLC (“Kilroy’s”) for Violation of the Wage Payment Act, Breach of Contract, Promissory Estoppel, Unjust Enrichment, Fraud, Declaratory Judgment of Copyright Ownership, and Copyright…

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Orbital Engineering, Inc. Sues Ex-Employee & Competitor for Trade Secret Misappropriation

Crowne Point, Indiana – The Plaintiff, Orbital Engineering, Inc. (“Orbital”) filed suit against Defendants, DVG Team, Inc. (DVG) and former employee Zachary Topoll (“Topoll”) for Breach of Fiduciary Duty Damages Resulting from Conspiracy, Tortious Interference with Business Relations, Aiding and Abetting Breach of Fiduciary Duty, and Trade Secret Misappropriation. Per…

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PUMA Sues Competitor for Alleged Trademark and Patent Infringement

Indianapolis, Indiana – The Plaintiffs, PUMA SE and PUMA North America Inc. (“PUMA”), are world leaders in the sportswear industry.  PUMA SE, based in Herzogenaurach, Germany, is a multi-national company that designs and manufactures athletic and casual footwear, apparel, and accessories.  PUMA North America Inc. is a Delaware Corporation, with…

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Dave Chappelle Sued for Allegedly Stealing a Joke

Hammond, Indiana – Pro se Plaintiff, Xavier Gatewood (“Gatewood”) claims to perform comedy in the Chicago area. Between 2014 and 2015, Gatewood claims Defendant, David Khari Webber Chappelle (“Chappelle”), saw him performing comedy at one or more of four places located within two miles of Chappelle’s movie shoot for “CHI-RAQ.”…

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Willfulness Not Required for Award of Profits in Trademark Infringement

The Supreme Court of the United States issued a ruling that a plaintiff alleging trademark infringement does not have to prove willfulness to recover an award of profits. This ruling came down in the case of Romag Fasteners Inc. (“Romag”), versus Fossil Group, Inc. FKA Fossil, Inc. et. al (“Fossil”).…

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Trademark Law: United States Court of Appeals for the Seventh Circuit Affirms Award of Over $17.3 Million

The United States Court of Appeals for the Seventh Circuit issued an opinion reversing the denial of attorney’s fees, remanding for an entry of a reasonable fee reward under 15 U.S.C. § 1117(a), and affirming all other aspects of the judgment of the district court in the case of 4SEMO.com…

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Indiana Copyright Litigation: Prevailing Plaintiff Ordered to Pay Losing Defendant’s Costs After Rejecting Rule 68 Offer

Indianapolis, Indiana – Judge Richard L. Young of the Southern District of Indiana issued a decision on cross-motions for attorneys’ fees and costs in the case of Richard N. Bell (“Bell”) versus Michael Maloney (“Maloney”). The Court first entered judgment in favor of Bell on June 11, 2019 granting him…

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Engineered by Schildmeier Granted Over $1.4 Million Dollars in Default Judgment

Indianapolis, Indiana – Judge Richard L. Young in the Southern District of Indiana granted default judgment in favor of Engineered by Schildmeier, LLC (“Engineered”) and against WUHU Xuelang Auto Parts Co., LTD and Amazing Parts Warehouse (collectively the “Defendants”). Engineered filed suit seeking a declaratory judgment of both patent and…

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