Indiana Trademark Litigation Update – Indian Industries d/b/a Escalade Sports v. Gnarly Sporting Goods

Plaintiff, Indian Industries, Inc. d/b/a Escalade Sports, owns the marketing rights to several popular sporting good products, including Stiga® ping pong tables, Harvard® air hockey tables and the Goalrilla® basketball goal. Defendant, Gnarly Sporting Goods, is an alleged rogue online retail website, purporting to sell Plaintiff’s products. However, Plaintiff claims Defendant is not an authorized dealer and, apparently, doesn’t even sell the products but rather just lists them with below-market prices. In the Complaint (below), Plaintiff speculates that Defendant’s website is “for the purpose of forcing authorized distributors and authorized retailers with price matching policies to sell to consumers at artificially low prices.”

Leave a comment below if you or your company has dealt with a similar situation with a rogue online site.

Indian Industries d/b/a Escalade Sports v. John Doe d/b/a Gnarly Sporting Goods

Court Case Number:    1:12-cv-00900-RLY-TAB
File Date:    Friday, June 29, 2012
Plaintiff:     Indian Industries, Inc. d/b/a Escalade Sports
Plaintiff Counsel:     Charles Johnson Meyer, William A. McKenna of Woodard, Emhardt, Moriarty, McNett & Henry, LLP
Defendant:     John Doe d/b/a Gnarly Sporting Goods
Cause:    Trademark Infringement, False Advertising, Unfair Competition
Court:   Southern District of Indiana
Judge:     Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

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