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Indianapolis, IN – Richard Bell of McCordsville, IN filed three separate copyright infringement suits in the Southern District of Indiana against GSE Audio Visual (“GSE”), Christy Joy Caley (“Caley”) and Maryco Cleaning Service, Inc. (“Maryco”), and National Swimming Pool Foundation (“National Swimming”), alleging that each infringed Copyright Number VA0001785115. The copyrighted work, “Indianapolis Nighttime Photo,” was registered by the U.S. Copyright Office on August 4, 2011. Bell is seeking permanent injunctions, both actual and statutory damages, costs, and attorneys’ fees against all Defendants.

Plaintiff is both a photographer and attorney who is well known for filing copyright infringement lawsuits on his own behalf. GSE utilized the Indianapolis Nighttime Photo on its website to promote and advertise its business within Indianapolis. Bell discovered this unauthorized use on April 5, 2018.

Bell alleges Maryco authorized Caley to create a website to promote its business. Then, Caley downloaded his Indianapolis Nighttime Photo and posted it on Maryco’s website without his permission. Bell found this unauthorized use through a google image search in December 2018, however, he believes the unauthorized use began in 2013.

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Fort Wayne, IN – Jeff Bachner of Brooklyn, New York, by counsel, filed a lawsuit alleging USA Halloween Planet, Inc. of Indianapolis, Indiana infringed U.S. Copyright Registration No. VA 2-110-419 (the “Copyrighted Work”). The Copyrighted Work is entitled “01.01.13, New Years Eve, Bachner.jpg” and was registered by the U.S. Copyright Office July 12, 2018. Plaintiff is seeking damages including punitive damages, costs, expenses, and attorneys’ fees.

Bachner licensed his Copyrighted Work to the New York Daily News on or about January 1, 2013 for their article titled Taylor Swift, Psy, Mayor Bloomberg help New Yorkers ring in 2013. Plaintiff was given proper credit for his Copyrighted Work appearing in the article. Defendant ran an article on their website titled Goodbye 2012 . . . Hello 2013, that utilized the Copyrighted Work without a license, permission, or consent to publish it from Bachner. Plaintiff is claiming copyright infringement and alteration or removal of identifying copyright management information.

This case has been assigned to Judge Theresa Springmann and Magistrate Judge Susan Collins in the Northern District, and assigned Case No. 1:19-cv-00064.

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Indianapolis, IN – Attorneys for Delta Faucet Company (“Delta”) of Indianapolis, Indiana filed a lawsuit against ALDI, Inc. (“Aldi”) of Batavia, Illinois alleging that Aldi infringed U.S. Patent No. 7,360,723 (the “’723 Patent”). The ‘723 Patent, titled “Showerhead system with integrated handle,” was issued by the U.S. Patent and Trademark Office on April 22, 2008. Plaintiffs are seeking a permanent injunction, damages including treble damages, attorneys’ fees, and any other relief deemed proper by the Court.

Delta alleges that Aldi’s “Easy Home 2 in 1 Showerhead Kit” infringes at least one claim of the ‘723 Patent. Plaintiff has an exclusive license to the ‘723 Patent from Sidus Technologies and therefore has the right to sue for the infringement of the patent. Delta is seeking damages including reasonably royalties pursuant to 35 U.S.C. § 154(d). Further, Delta is claiming Aldi’s willful patent infringement justifies treble damages under 35 U.S.C. § 284 and attorneys’ fees under 35 U.S.C. § 285.

The case has been assigned to Judge James Patrick Hanlon, and referred to Magistrate Judge Mark J. Dinsmore of the Southern District of Indiana, and assigned Case No. 1:19-cv-00849-JPH-MJD.

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Washington D.C.- Attorneys for Oracle USA, Inc. and Oracle International Corporation (collectively “Oracle”) of Colorado and California, respectively, filed suit in the District Court of Nevada alleging that Rimini Street, Inc. and Seth Ravin, both of Nevada, infringed the copyrights for Oracle Software and Technology, which have been registered by the U.S. Copyright Office. A jury awarded damages to Oracle upon finding that Rimini had indeed infringed Oracle’s copyrights. The District Court awarded Oracle additional fees and costs, which included $12.8 million dollars for litigation expenses including costs for expert witnesses, e-discovery, and jury consulting. After the award of additional fees and costs was affirmed by the U.S. Court of Appeals for the Ninth Circuit, the U.S. Supreme Court held the additional costs were not appropriate under the Copyright Act.

The Ninth Circuit recognized that in granting the additional damages, they were covering expenses not included in the six categories of costs that the federal statutes, 28 U.S.C. §§ 1821 and 1920 authorize. However, they affirmed the District Court’s award based on the Copyright Act giving district courts discretion to award “full costs” under 17 U.S.C. § 505. The Supreme Court held that while the “term ‘full’ is a term of quantity or amount; it does not expand the categories or kinds of expenses that may be awarded as ‘costs’ under the general costs statute.” Therefore, Oracle was not entitled to the additional $12.8 million dollar award for litigation expenses outside of the six statutory categories.

Practice Tip:

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Washington D.C.–  The United States Supreme Court has ruled to affirm the United States Court of Appeals for the Eleventh Circuit’s decision against the Petitioner, Fourth Estate Public Benefit Corp. (“Fourth Estate”) of Delaware. The Petitioner originally filed a copyright infringement lawsuit in the Southern District of Florida, alleging that Wall-Street.com, LLC (“Wall-Street”) of Florida, infringed over 200 articles pending copyright registration.

Fourth Estate filed suit after Wall-Street failed to remove Fourth Street’s licensed works from its news website after Wall-Street canceled the Parties’ licensing agreement. Petitioner had filed to register its articles with the Copyright Office, but the articles had not been registered at the time the action commenced. Pursuant to 17 U.S.C. § 411(a), the District Court dismissed the complaint and the Eleventh Circuit affirmed holding there is no right to civil action for infringement of a copyright in the United States until registration has occurred, and merely filing an application for registration does not meet the registration burden under the statute. While the Register of Copyrights did refuse registration of the articles at issue in this case after the Eleventh Circuit Decision, that was not a factor in this decision.

An author gains rights including the right to reproduce, distribute, and display their work immediately upon the creation of the work pursuant to 17 U.S.C. § 106. However, generally before filing an infringement claim in court, the claimant must comply with the registration requirements of § 411(a). The exceptions to that rule are for those works that are vulnerable to predistribution infringement, typically movies or musical compositions, which are not found here. In this case, the Court had to decide if registration has been made pursuant to § 411(a) when the application, materials, and fee were submitted, or when the registration was granted by the Copyright Office. The Supreme Court in affirming the Eleventh Circuit’s Decision held that “registration has been made” under § 411(a) when the registration is granted by the Register of Copyrights after examination of a properly filed application.

FourthEstate-v-Wall-Street.com-Opinion

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Overhauser Law Offices the publisher of this site, assists with US and foreign trademark searches, trademark applications and assists with enforcing trademarks via infringement litigation and licensing.

Reg. Number Word Mark Check Status
5687964 LOWE LOGISTICS TSDR
5688011 DOWNTOWN INDY INC. TSDR
5687986 FIXKNEE TSDR
5687970 THE MEXICANA COLLECTION TSDR
5686138 TSDR

5686137 IGNITE TSDR
5685929 MISTY HARBOR TSDR
5685841 PROVEN MASONRY STAIN TSDR
5685819 WATCHWELL TSDR
5685655 HURRY HOME TSDR
5685579 HEALTHTRAX TSDR
5685568 MOTOLAND TSDR
5685559 SMC TSDR
5684892 MASONRY COSMETICS TSDR
5684810 QUACK DADDY DONUTS TSDR
5684774 BACKYARD BARNYARD TSDR
5684750 MONGO ATTACHMENTS TSDR
5684744 FLIPZIE TSDR
5684742 FLIPZIE TSDR
5684695 BUBBLES & WOOL TSDR
5684692 ROCK THE VIBE TSDR
5684617 ROMOTECH TSDR
5684493 ZANDER STERLING EXPATRIATE TAX COUNSEL TSDR
5679559 XFMRS TSDR
5680443 TSDR
5680181 PARANORMAL 911 INVESTIGATIONS TSDR
5679756 TASALLI TSDR
5679642 HELLOPAYMENTS TSDR
5679591 BAILEY TSDR
5679568 THE SINGING CONTRACTORS TSDR
5679567 THE SINGING CONTRACTORS TSDR
5679492 TOUGH LUXURY TSDR
5679189 EVANSVILLE CRYO TSDR
5679122 MY SISTER, MY RESPONSIBILITY TSDR
5678969 B BOOTZ TSDR
5675430 THEY TRUST YOU TO BE THEIR GUARDIAN. YOU CAN TRUST US TO BE YOURS TSDR
5675364 CAP·START GOODALL TSDR
5675363 CAP-START TSDR
5675174 PERFLEEK TSDR
5676754 VIIZZII TSDR
5677029 INSTITUTE FOR WORKFORCE EXCELLENCE TSDR
5674691 DAO BODY SHAPER TSDR
5674531 ACTIVATE TSDR
5670590 EXPLORE THE WORLD ONE CUP AT A TIME TSDR
5670585 WE’VE GOT YOU COVERED TSDR
5670565 AFFORDABLE REMODELERS TSDR
5670440 LIFE NEVER LOOKED SO GOOD TSDR
5670353 BIOTOWN TSDR
5670341 GO FOR LAUNCH TSDR
5670311 THE GARDEN TABLE TSDR
5670310 GARDEN TABLE TSDR
5676075 TUNEBOT TSDR
5684352 USED PHOTO PRO TSDR
5684319 SANCTUARY WEALTH PARTNERS TSDR
5684316 SANCTUARY WEALTH PARTNERS TSDR
5684300 MONGO ATTACHMENTS TSDR
5684237 KIRT’S CLEANERS EASY CYCLE WASH DRY FOLD REPEAT TSDR
5684236 PEERLESS CLEANERS EASY CYCLE WASH DRY FOLD REPEAT TSDR
5684235 EASY CYCLE TSDR
5684112 BAMBOO NATURALS TSDR
5687610 QUICK BITES TSDR
5683963 ELEVATION HAIRCARE TSDR
5683946 DO IT BEST TSDR
5687233 CLEAN, QUICK, EVERY TIME, WITH A SMILE. TSDR
5687197 TELLARO TSDR
5687149 GINGER SCORNED TSDR
5687723 WHERE NO ONE IS A MINORITY TSDR
5683150 GIRLS WHO SWIRL TSDR
5686936 LEVOIR TSDR
5686914 TRADING BALLERS TSDR
5687701 PRIME STEAKBURGER TSDR
5686817 S TSDR
5686773 TEAM USATF TSDR
5686771 A TSDR
5686727 NEXTEC INTELLIGENCE TSDR
5686726 NEXTEC INTELLIGENCE TSDR
5682989 DRY PAWS TSDR
5682239 ELUXURY TSDR
5682222 YOURPATH TSDR
5678628 HOPPIN’ THE CREEK TSDR
5678520 LAKEWIND INVESTMENTS TSDR
5678417 MILLENNIAL MUSTANG REGISTRY MMR FUELING MUSTANG’S FUTURE TSDR
5682131 NICO SECUREHOLD RETRACTORS TSDR
5678069 ONE STEP AHEAD TSDR
5678068 ROBERT WEED TSDR
5678067 RW TSDR
5682361 TSDR
5678052 E POSITIVE ENERGY TSDR
5681975 SCREEN SHOT TSDR
5681966 BRIDGES PLAN. SHARE. REMEMBER TSDR
5681914 PATRIOT JACK SYSTEMS TSDR
5677874 ACCUTEMP TSDR
5681881 SWIPER VIPER TSDR
5681822 EXPLORE! TSDR
5681755 WATERSIDE COLLECTIONS PULL UP A CHAIR TSDR
5681680 HOME OF INTELLECTUAL BRUTALITY TSDR
5681668 DIVINE COCINA TSDR
5681644 STADIUM WARRIOR TSDR
5681484 HARTWELL’S PREMIUM TSDR
5677587 LINZ HERITAGE ANGUS TSDR
5681261 FLOURISH TSDR
5681168 CHICAGO BAKING COMPANY SINCE 1893 TSDR
5680975 KINSEY INSTITUTE INDIANA UNIVERSITY TSDR
5674445 BACK UP BUDDY TSDR
5674404 SP SAFETY PORN TSDR
5674321 TINKER COFFEE CO. TSDR
5674118 DEVELOPERTOWN TSDR
5673890 GREEN BLESSING TSDR
5673888 LEAN ELIXIR TSDR
5673885 SIMPLICITY FAT BURNER TSDR
5673762 ET PRODUCTS TSDR
5673735 U TSDR
5673662 MW 200 TSDR
5676684 BEYOND THE BASELINE TSDR
5673585 CLASS COLLECTIONS TSDR
5673557 TSDR
5673556 SCOTTY’S BREWHOUSE TSDR
5673495 VONATAR TSDR
5673243 CHOCOLATE FOR THE SPIRIT TSDR
5673223 A PRACTICALLY PURRRFECT PET SERVICE TSDR
5676628 ANTOINE APOTHECARY TSDR
5672846 ZBINETWORK TSDR
5672832 WEALTHY DOC TSDR
5672755 ELECTRUM TRADITIONS TSDR
5672562 CHILDREN’S HOPE TSDR
5676440 FBC FAMILY BROADCASTING CORPORATION TSDR
5672551 SUGAR LOVE TSDR
5672496 TSDR
5672488 IDENTITY IN CHRIST TSDR
5672470 SMARTGUARD TSDR
5676368 OUR SPECIALTY IS YOUR CASE
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The U.S. Patent Office issued the following 129 patent registrations to persons and businesses in Indiana in December 2018, based on applications filed by Indiana patent attorneys:

Overhauser Law Offices, the publisher of this site, assists with US and foreign patent searches, patent applications and assists with enforcing patents via infringement litigation and licensing.

PAT. NO. Title
1 D841,343 Robe hook
2 10217530 Patient-specific cutting block and method of manufacturing same
3 10216767 Management method and system for implementation, execution, data collection, and data analysis of a structured collection procedure which runs on a collection device
4 10215195 Vibration isolation system for a fan motor
5 10215182 Plastic fan shroud and cone assembly and method

6 10215134 Engine arrangements with EGR systems
7 10215075 Modular mixer inlet and mixer assembly to provide for compact mixer
8 10215056 Turbine shroud with movable attachment features
9 10215035 Turbine wheels with preloaded blade attachment
10 10215028 Turbine blade with heat shield
11 10214893 Manhole base assembly with internal liner and method of manufacturing same
12 10214783 Endpoint zygosity assay to detect Rf4 gene in maize
13 10214746 Soybean transformation method
14 10214586 PD-L1 antibodies
15 10214557 Compounds and methods of making sterols using diols
16 10214490 Picolinamides as fungicides
17 10214488 Methods of manufacturing certain substituted sulfilimines
18 10214254 Drag reducing device
19 10214202 System and method for energy rate balancing in hybrid automatic transmissions
20 10214131 Vehicle container mounting arrangements, particularly for exterior kitchen of RVs
21 10214076 HVAC heating of vehicles and during road emergencies
22 10213898 Method for detecting and/or preventing grind burn
23 10213848 Chip control tool
24 10213718 Air intake water separator
25 10213715 Fluid filter with localized flow attachment
26 10213487 Nasal powder formulation for treatment of hypoglycemia
27 10213460 Materials and methods to enhance hematopoietic stem cells engraftment procedures
28 10213344 Dressing with moisture indicator
29 10213326 Stent graft with fenestration
30 10213315 Attachments for orthopedic implants
31 10213312 Heated bolt for modular hip stem
32 10213311 Deformable articulating templates
33 10213234 Interspinous process fixation devices, systems, instruments and methods of assembly and use
34 10213209 Occluding device and method of occluding fluid flow through a body vessel
35 10213192 Surgical instrument and method of use
36 10213143 Enclosed desorption electrospray ionization probes and method of use thereof
37 10213057 Bathing vessel having wall reinforcement panel
38 10213015 Pneumatic assist adjustable table
39 10212936 Molecules having pesticidal utility, and intermediates, compositions, and processes, related thereto
40 D841,130 Faucet spout
41 D841,129 Faucet
42 D840,938 Electrical connector housing
43 D840,753 Lighter
44 10211040 Frequency and amplitude scanned quadrupole mass filter and methods
45 10211020 Self-powered wireless fuse switch
46 10208860 Sealing system for slide out rooms
47 10208668 Turbine engine advanced cooling system
48 10208520 Method and apparatus for adjusting the closing force of a door
49 10208507 Multi-point exit device
50 10208422 Laundry stain removal device
51 10208358 Generalizable assay for virus capsid assembly
52 10208095 Methods for making cytokine compositions from tissues using non-centrifugal methods
53 10207938 Water column remediation apparatus
54 10207910 Fluid transfer assembly and methods of fluid transfer
55 10207844 Dropper
56 10207840 Closure
57 10207753 Trailer for hauling unit load devices
58 10207708 System and method for minimizing shift cycling for engine operation using cruise control
59 10207449 Sequential biaxial strain of semi-crystalline tubes
60 10207267 Micro-fluidic system using micro-apertures for high throughput detection of cells
61 10207214 Filter with bidirectional pleated media
62 10206847 Portable rehab station
63 10206837 Hospital bed and room communication modules
64 10206836 Bed exit alerts for person support apparatus
65 10206801 Trigger wire arrangements for endografts
66 10206742 Fiber embedded hollow spikes for percutaneous delivery of laser energy
67 10206715 Flexible spinal stabilization system and method
68 10206697 Patient-specific knee alignment guide and associated method
69 10206695 Femoral acetabular impingement guide
70 10206664 Spiral cut biopsy cannula
71 D840,522 Slidebar
72 D840,514 Faucet spout
73 D840,512 Faucet handle
74 D840,511 Faucet
75 D840,510 Faucet
76 D840,509 Faucet
77 D840,508 Faucet
78 D840,507 Faucet
79 D840,506 Faucet
80 D840,267 Storage tank for dump body
81 10205415 Multiple generator synchronous electrical power distribution system
82 10204772 Mass spectrometry analysis of microorganisms in samples
83 10204464 Cloud-based wireless communication system and method for updating a reader device
84 10203115 Gas turbine engine variable porosity combustor liner
85 10202989 Rotary hydraulic actuator seal
86 10202854 Abrasive tips for ceramic matrix composite blades and methods for making the same
87 10202395 Macrocycle with repeating triazole-carbazole units
88 10202227 Plasticizer blend for chlorine stability of water-soluble films
89 10202149 ATV/UTV skid plate assembly
90 10201918 Molding system for preparing fiber-reinforced thermoplastic composite article
91 10201904 Synchronizing and braking mechanism for gripper jaws
92 10201846 Retrieval snare for extracting foreign objects from body cavities and method for manufacturing thereof
93 10201771 Gasket having an integral drain
94
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South Bend, Indiana – Attorneys for Plaintiff, Ellison Educational Equipment of California, filed suit in the Northern District of Indiana alleging that Defendants, Heartfelt Creations, Inc. and DOES 1-10 of Goshen, Indiana, infringed its rights in the United States Patent No. 9,079,325 (the ‘325 Patent). Plaintiff is seeking a permanent injunction, punitive damages, compensatory damages, attorneys’ fees, and costs.

Ellison was founded in 1977 by a husband and wife who designed the first hand-operated die-cutting machine. Plaintiff has continued to provide innovations in the educational and craft markets ever since and even launched a new craft brand, Sizzix® in 2001. On July 15, 2011, Ellison filed a provisional patent application for a “Chemical-Etched Die Having Improved Registration Means.” The ‘325 Patent was issued stemming from the provisional patent application on July 14, 2015.

Heartfelt is alleged to have created patterns that are turned into chemically-etched dies and are used in conjunction with the method taught by the ‘325 Patent. Further, the company gives demonstrations on how to use the product in violation of the ‘325 Patent and teaches the public how to infringe the ‘325 Patent on Heartfelt’s YouTube channel. Ellison sent a cease and desist letter to Heartfelt based on Ellison’s beliefs Heartfelt was infringing the ‘325 Patent on December 21, 2018.

Plaintiff is claiming direct patent infringement pursuant to 35 U.S.C. § 271(a) with enhanced damages under 35 U.S.C. § 284. Second, it is claiming inducement of infringement pursuant to 35 U.S.C. § 271(b). Finally, Ellison is claiming contributory infringement pursuant to 35 U.S.C. § 271(c).

The case was assigned to District Judge Philip P. Simon and Magistrate Judge Michael G. Gotsch, Sr.in the Northern District and assigned Case 3:19-cv-00099-P PS-MGG.

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Indianapolis, Indiana – Plaintiff and Attorney, Richard N. Bell of McCordsville, Indiana, filed suit in the Southern District of Indiana alleging that Defendant, Classic Touch Limousine Service, Inc. (“Classic”), infringed his rights to the “Indianapolis Photo” registered on August 4, 2011 with the U.S. Copyright Office, Registration No. VA0001785115. Plaintiff is seeking a declaratory judgment, permanent injunction, actual and statutory damages, reasonable attorney’s fees, costs, and all other proper relief.

Since March 2000, when Bell took the Indianapolis Photo, he has published and licensed the photograph for publication. Bell first published the Indianapolis Photo on a website on August 29, 2000 and has utilized the photograph to advertise his photography business. Plaintiff has notoriously filed many Complaints regarding copyright infringement for the Indianapolis Photo ever since.

Plaintiff asserts Defendant created a website to advertise their business in Indianapolis and published the Indianapolis Photo on that website. Bell discovered the published photograph on April 6, 2018, which did not disclose the source of the photograph. According to the Complaint, Classic has refused to pay for its unauthorized use of the photograph and has not agreed to be enjoined from using the photograph.

As a result of Classic’s use of the Indianapolis Photo, Bell claims Classic is liable for copyright infringement. Further, Bell asserts Classic is vicariously liable for each copy of the photograph downloaded by a third-party user and any profit from those third-party downloads. Plaintiff also claims that Classic has benefited from its infringing use of the Indianapolis Photo and all profits and benefits belong to Bell pursuant to 17 U.S.C. §§ 504 and 505 and 15 U.S.C. § 1125(a).

The Bell Complaint alleges: “Defendant CLASSIC TOUCH LIMOUSINE SERVICE INC. (“CLASSIC”) has conducted and does conduct business in this district.” However, the Indiana Secretary of State’s office shows that the corporation CLASSIC TOUCH LIMOUSINE SERVICE INC. was “administratively dissolved” in 2018. This is at least the second time that Mr. Bell has sued a limousine company that as turned out not to exist. In 2016, he sued “A1 Luxury Limousine of South Florida, Inc” and ultimately obtained a default judgment for $150,000. However, that company had also been dissolved, making the prospects for collecting on that judgment remote. These Complaints serve as a reminder that, before filing suit, a Plaintiff should check to make sure the proposed defendant really exists.

The case was assigned to District Judge James Patrick Hanlon and Magistrate Judge Tim A. Baker in the Southern District and assigned Case 1:19-cv-00803-JPH-TAB.

Bell-v-ClassicLimo-Complaint

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Terre Haute, Indiana – Attorneys for Plaintiffs, Baskin-Robbins Franchising LLC, and BR IP Holder LLC (collectively “Baskin-Robbins”), both Delaware limited liability companies, filed suit in the Southern District of Indiana alleging that Defendants, Big Scoops Inc. and David M. Glasgow, Jr., both of Terre Haute, Indiana breached their Franchise Agreement with Baskin-Robbins by failing to pay required fees. By continuing to operate, Defendants are infringing Baskin-Robbins’ trade dress and numerous registered trademarks.

Baskin-Robbins Franchising is in the business of franchising independent businesses and people to operate Baskin-Robbins shops in the United States. The “Baskin-Robbins” trade name, trademark, and service mark are owned by BR IP Holder along with other related marks. Since October 14, 2015, Big Scoops has been the owner and operator of a Baskin-Robbins shop located in Terre Haute, Indiana pursuant to a Franchise Agreement with Baskin-Robbins. David M. Glasgow, Jr. personally guaranteed the obligations of Big Scoops under the Franchise Agreement.

Pursuant to its Franchise Agreement, Big Scoops was granted a license to use the trademarks, trade names, and trade dress of Baskin-Robbins, but only in the manner specified in the Franchise Agreement. The fees due to Baskin-Robbins from Big Scoops under the Franchise Agreement included a franchise fee equal to 5.9% of gross sales of the business, an advertising fee equal to 5.0% of gross sales of the business, late fees, interest, and costs on unpaid monies due under the Franchise Agreement, and all sums owing and any damages, interest, costs and expenses, including reasonable attorneys’ fees, incurred as a result of Big Scoops’ defaults. Under the Franchise Agreement, Big Scoops agreed that nonpayment of any of the required fees would be a default, that failure to pay within seven days after receiving written notice would be a continued default, and that receiving three notices of default within a twelve-month period would result in Baskin Robbins having the right to terminate the Franchise Agreement.

Plaintiffs sent Big Scoop three separate notices that it was in default of the Franchise Agreement for nonpayment on June 19, 2018, October 9, 2018, and December 7, 2018. As a result of these defaults and failure to cure after the December 7, 2018 notice, Baskin-Robbins sent Big Scoop a Notice of Termination with respect to the franchised business on February 12, 2019. Since receiving the Notice of Termination, Defendants have continued to operate the Baskin-Robbins shop and have used the Baskin-Robbins marks without authorization. Baskin-Robbins is claiming breach of contract, trademark infringement pursuant to 15 U.S.C. § 1114, unfair competition pursuant to 15 U.S.C. § 1125(a), and trade dress infringement pursuant to 15 U.S.C. § 1125.

The case was assigned to Chief Judge Jane E. Magnus-Stinson  and Magistrate Judge Mark J. Dinsmore in the Southern District and assigned Case 2:19-cv-00075-JMS-MJD.

Baskin-v-Scoops-Complaint

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