Articles Posted in New Litigation

MR2-300x168Hammond, Indiana – ME2 Productions Inc. of Carson City, Nevada filed an additional lawsuit in the Northern District of Indiana alleging copyright infringement of the action thriller Mechanic: Resurrection.

The lawsuit lists nine anonymous “Doe” Defendants, accusing them of infringing the copyright of the movie, which has been registered with the U.S. Copyright Office under Registration No. PA-1-998-057.  Plaintiff contends that the Doe Defendants illegally distributed a “screener copy” of the film via BitTorrent, a file-sharing protocol.  Plaintiff further asserted that this was done “in a collective and interdependent manner with other Defendants via the Internet for the unlawful purpose of reproducing, exchanging, and distributing copyrighted material.”

The movie, which is the sequel to the 2011 action film Resurrection, stars Jason Statham, Jessica Alba and Tommy Lee Jones. Plaintiff contends that the Doe Defendants are Indiana residents, stating that it determined through the use of geolocation technology that each had an Indiana Internet Protocol address.

This litigation, filed by a copyright lawyer for ME2 Productions, lists a single count – copyright infringement – and asks the court to award injunctive relief, damages, costs and attorneys’ fees.

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Huber-2-300x224New Albany, IndianaHuber Orchards, Inc. of Borden, Indiana filed a trademark lawsuit in the Southern District of Indiana.  Defendants in the litigation are C. Mondavi & Family (“CMF”) and C. Mondavi & Sons, Inc., both of St. Helena, California.  Huber filed the lawsuit seeking a declaratory judgment that its mark “Huber Winery Generations Indiana Red Wine” does not infringe Defendants’ trademark.

Both Plaintiff and Defendants produce and offer wine products.  In February 2017, CMF sent a cease and desist letter to the president of Huber stating that CMF owns a federally registered trademark for GENERATIONS for wine.  This trademark has been registered by the U.S. Patent and Trademark Office as U.S. Reg. No. 2,236,517.

In the letter, sent to Huber by a trademark lawyer for Defendants, CMF asserts that Huber’s use of the word “Generations” in conjunction with the sale of wine violates the Lanham Act by infringing and diluting CMF’s trademark.  The letter demanded that Huber cease all use of the trademark GENERATIONS in connection with its Huber Winery Generation Indiana Red blend wines.  CMF further contended that Huber is liable for injunctive relief, damages, possible treble damages and attorneys’ fees.

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Huber contends that it began selling its “Huber Winery Generations Indiana Red Wine” line locally in 1997, two years before CMF registered its trademark, and that it began selling the wine on the internet in 2004.  It further asserts that its use of its “Huber Winery Generations” common law trademark does not infringe any trademark in which CMF has right because there is no likelihood of confusion.  It asks the court to declare that Huber’s use of “Generations” and “Huber Winery Generations” do not infringe CMF’s GENERATIONS trademark.

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NCAA-300x202Indianapolis, Indiana –  National Collegiate Athletic Association (“NCAA”) of Indianapolis, Indiana sued in the Southern District of Indiana alleging trademark infringement and unfair competition.

NCAA’s trademarks, which have been registered with the U.S. Patent and Trademark office (“USPTO”), pertain to the following uses of FINAL FOUR and MARCH MADNESS:

MARK GOODS/SERVICES REG NO. & DATE
FINAL FOUR Association services, namely, conducting annual basketball tournaments at the college level 1,488,836;

May 17, 1988

FINAL FOUR Promoting the goods and services of others by allowing sponsors to affiliate their goods and services with collegiate championship tournaments 2,377,720;

Aug. 15, 2000

FINAL FOUR Printed matter, namely, guides in the field of sports; Luggage, namely, portfolios, backpacks, duffle bags, rolling luggage, garment bags, briefcases, athletic bags and tote bags; and Entertainment services, Namely, providing information in the field of college sports via the Internet 2,964,266;

June 28, 2006

MARCH MADNESS Entertainment services, namely, presentation of athletic and entertainment personalities in a panel forum 1,571,340;

Dec. 12, 1989

MARCH MADNESS Entertainment in the nature of basketball tournaments between college teams 2,485,443;

Sept. 4, 2001

MARCH MADNESS Telecommunications services; namely the transmission of voice, data, images, audio, video and information via local and long distance telephone, satellite and global computer networks; leasing telecommunications equipment, components, systems and supplies; electronic mail services; telephone voice messaging services; providing multiple-user access to global computer networks to transmit, receive and otherwise access and use information of general interest to consumers; web casting of athletic games, tournaments, exhibitions, and events via the Internet 3,025,527;

Dec. 13, 2005

Defendants in this Indiana trademark lawsuit are Kizzang LLC of Las Vegas, Nevada and Robert Alexander, the founder and owner of the business.  They are in the business of providing nationwide Internet-based promotions that award prizes for predicting the results of sporting events.  Plaintiff states that they have branded their NCAA-related services using the mark FINAL 3.

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Plaintiff further asserts that Defendants had planned to adopt APRIL MADNESS for the same services as FINAL 3, but that they delayed doing so upon learning that NCAA objected to their use of FINAL 3.  Kizzang has applied for federal trademark registrations for both marks with the USPTO.

Indiana trademark attorneys for Plaintiff contend that Defendants adopted both names because of their similarity to the marks used by NCAA and that Defendants did so with the intention of exploiting the goodwill associated with FINAL FOUR and MARCH MADNESS.  In this lawsuit, filed in federal court, the following claims are made:

  • Trademark Infringement Under 15 U.S.C. § 1114
  • Trademark Infringement Under 15 U.S.C. § 1125(a)
  • Trademark Dilution Under 15 U.S.C. § 1125
  • Common Law Unfair Competition

Plaintiff asks for various remedies from the court, including a judgment of willful and intentional violations of 15 U.S.C. §§ 1114, 1125 and Indiana common law; injunctive relief including restraining Defendants from further use of FINAL 3 and APRIL MADNESS as well as an order that the USPTO deny registration for the marks; damages, including treble damages; and attorneys’ fees.

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UFC-Pettis-244x300Fort Wayne, Indiana
Joe Hand Promotions, Inc. of Feasterville, Pennsylvania filed an intellectual property lawsuit in the Northern District of Indiana.

One business entity was sued in this Indiana litigation, Gum Dinger Slingers, LLC d/b/a Foxhole Pub at Norwood Golf Course of Warren, Indiana.  Also listed as Defendants were the following Indiana residents: Lee Cutting, Stephanie Cutting, Kevin Killen, Amanda Killen and Jason Kennedy.

Defendants are accused of unlawfully intercepting and broadcasting an “Ultimate Fighting Championship®” program that was broadcast on March 14, 2015.  The program, Ultimate Fighting Championship® 185: Pettis v. Dos Anjos, was broadcast exclusively on pay-per-view.

Joe Hand states that it held the exclusive commercial distribution rights to the broadcast of this program and that the business known as Foxhole Pub at Norwood Golf Course displayed the program in a commercial establishment without having obtained the proper license.  In addition to suing the limited-liability company that operates the Foxhole Pub, an Indiana intellectual property lawyer for Joe Hand has sued five individuals, stating that each was an officer, director, shareholder, owner, member and/or principal of the entity owning and operating the Foxhole Pub; that each individual had a right and ability to supervise the activities of the pub; and that each had an obvious and direct financial interest in the activities of the pub.

Plaintiff asserts that Defendants’ conduct violated 47 U.S.C. § 605 or, in the alternative, violated 47 U.S.C. § 553.  It asks the court for statutory damages, interest, costs and attorneys’ fees.

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EconoLodge-Lafayaette-300x170Lafayette, IndianaChoice Hotels International, Inc. of Rockville, Maryland sued in the Northern District of Indiana alleging trademark infringement under federal and Indiana law.

Choice Hotels is in the business of franchising hotels.  It offers hotel and motel services under the following brands: CAMBRIA HOTELS & SUITES®, COMFORT INN®, COMFORT SUITES®, QUALITY®, SLEEP IN®, CLARION®, MAINSTAY SUITES®, SUBURBAN EXTENDED STAY HOTEL®, ECONO LODGE®, and RODEWAY INN®.

At issue in this Indiana trademark litigation is the Econo Lodge family of trademarks.  These trademarks include U.S. Trademark Nos.:

LillyHeadquarters-300x127Indianapolis, Indiana – A patent lawyer for Eli Lilly and Company of Indianapolis, Indiana, Eli Lilly Export S.A. of Geneva, Switzerland and Acrux DDS, Pty Ltd. of West Melbourne, Australia filed an intellectual property lawsuit in the Southern District of Indiana.

Two Defendants are listed, TWi Pharmaceuticals, Inc. of Paramus, New Jersey and TWi Pharmaceuticals USA, Inc. of Taipei, Taiwan.  In a 28-count complaint, Defendants are accused of infringing seven patents by filing an Abbreviated New Drug Application with the U.S. Food and Drug Administration for approval of a generic version of the pharmaceutical product Axiron® before the expiration of the patents under which the drug is protected.  The patents at issue in this litigation are U.S. Patent Nos. 8,435,944; 8,993,520; 9,180,194; 8,419,307; 8,177,449; 8,807,861 and 9,289,586.

The counts against Defendants include “direct patent infringement,” “inducement to infringe” and “contributory infringement” as well as counts requesting declaratory judgment.  Lilly et al. are seeking declaratory relief, injunctive relief, costs and attorney fees.

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Indianapolis, IndianaAustralian Gold, LLC of Indianapolis, Indiana sued in the Southern District alleging trademark infringement and unfair competition.

Plaintiff Austbeachlive-248x300ralian Gold, which manufactures, distributes and sells tanning preparations, claims ownership to U.S. Federal Trademark Registration No. 5,130,366 for BEACHIN’ LIFE.  It states that it has used this trademark since “at least 2016”; the trademark was issued by the U.S. Patent and Trademark Office on January 24, 2017.

Defendant in this Indiana lawsuit is Devoted Creations, Inc. d/b/a Ed Hardy Tanning of Oldsmar, Florida.  Devoted Creations has introduced and is selling a #BEACHLIFE tanning preparation for the indoor tanning market.

Evansville, IndianaHenager Family Museum, Inc d/b/a National Veterans Memorial of Buckskin, Indiana filed a lawsuit in the Southern District of Indiana alleging trademark infringement.

Plaintiff operates a military memorial in Indiana under the trademark “NATIONAL VETERANS MEMORIAL,” U.S. Trademark Registration No. 3,420,974.  That trademark was filed “in connection Veterans-300x126with promoting public awareness of the need for reconciliation and recognition by all veterans” and was issued on April 29, 2008 by the U.S. Patent and Trademark Office.

In this Indiana litigation, Henager states that Columbus Downtown Development Corp. (“CDDC”) of Columbus, Ohio is currently developing a museum, scheduled to open in 2018, to be operated under the name “NATIONAL VETERANS MEMORIAL & MUSEUM.”  Henager states that CDDC’s use of this name in a state adjoining Indiana, and in conjunction with the offering of the same type of services, is likely to cause confusion or deceive consumers.   It also contends that CDDC’s use of the purportedly similar name has resulted in CDDC being unjustly enriched at Henager’s expense.

Terre Haute, IndianaJoe Hand Promotions, Inc. of Feasterville, Pennsylvania has sued in the Southern District of Indiana alleging violations of 47 U.S.C. § 605 and 47 U.S.C. § 553.blogphoto-298x300

Joe Hand Promotions specializes in distributing and licensing sporting events to commercial locations such as bars and restaurants.  It is the exclusive domestic distributor of the Ultimate Fighting Championship® series of mixed-martial-arts fights.

Defendant in the lawsuit is Joseph Brush d/b/a Break Time Billiards of Terre Haute, Indiana.  Brush has been accused of illegally intercepting and broadcasting Ultimate Fighting Championship® 198: Werdum v. Miocic, which was telecast nationwide on May 14, 2016.

Indianapolis, IndianaKlipsch Group, Inc. of Indianapolis, Indiana filed a lawsuit in the Southern District of Indiana alleging trademark infringement and unfair competition by a “gray market” seller of Klipsch audio equipment.

Defendant in this Indiana trademark litigation is listed only as “Concealedaudio.com,” as Klipsch indicates that the website’s proprietors “conceal[] their true identity from customers by using drop shipping addresses and registering their domain name through a third party.”  Jurisdiction in Indiana is asserted on the grounds that, inter alia, Defendant sells infringing goods in Indiana.

Klipsch contends that Defendant interfered with its intellectual property rights in three Klipsch trademarks.  The trademarks at issue are U.S. Trademark Registration Nos. 978,949; 2,917,215 and 3,863,511.  These registrations, which have been issued by the U.S. Patent and Trademark Office, cover various forms of the KLIPSCH® trademark.

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