Indiana Trademark Litigation Update – Burns Rent-Alls v. Michael Sharpe et al

Defendants have allegedly registered and used domain names confusingly similar to Plaintiff’s BURNS RENT-ALLS trademark. The subject domain names are (i) burnspartyrentall.com; (ii) burnspartyrental.com; and (iii) burnsrentall.com.

Burns Rent-Alls, Inc. v. Michael Sharpe et al

Court Case Number: 3:14-cv-01958
File Date: Wednesday, October 15, 2014
Plaintiff: Burns Rent-Alls, Inc.
Plaintiff Counsel: D. Michael Anderson of Barnes & Thornburg LLP
Defendant: Michael Sharpe, Aays Rent-All Co., Inc.
Cause: Unfair Competition, Cyberpiracy, Breach of Contract
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

Indiana Trademark Litigation Update – NextEra Energy v. Nextra Technologies

Plaintiff is one of the largest electric power companies in North America and owns 167 trademark registrations including its “NextEra” mark. Defendant recently began to market, manufacture, import, distribute, license and/or sell energy products and services—including wind turbine components, solar panels, lithium batteries, and integrated new energy systems – under the name Nextra.

NextEra Energy Inc v. Nextra Technologies LLC

Court Case Number: 3:14-cv-01941
File Date: Wednesday, October 08, 2014
Plaintiff: NextEra Energy Inc
Plaintiff Counsel: Matthew Farley of Drinker Biddle & Reath LLP
Defendant: Nextera Technologies LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

Indiana Trademark Litigation Update – Edible Arrangements v. Edible Creations

This trademark lawsuit involves fresh fruit arrangements cut to look like flowers. Plaintiff operates under the EDIBLE ARRANGEMENTS mark while Defendants offer similar goods under the EDIBLE CREATIONS mark. Plaintiff has also opposed Defendants’ federal trademark application, which was refused when Defendant failed to respond to the opposition.

Edible Arrangements, LLC et al v. Thomas Drummond et al

Court Case Number: 1:14-cv-00315
File Date: Thursday, October 09, 2014
Plaintiff: Edible Arrangements, LLC, Edible Arrangements International, LLC
Plaintiff Counsel: Thomas A. Herr of Barrett & McNagny LLP
Defendant: Thomas Drummond, Edible Creations, LLC
Cause: Trademark Infringement, False Designation of Origin, Dilution, Copyright Infringement, Unfair Competition
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Roger B. Cosbey

Complaint:

Indiana Copyright Litigation Update – Brinker Manufacturing Jewelers Inc. v. Rogers Galleria Jewelers

Defendants are accused of having repeatedly copied Plaintiff’s advertising marketing and branding including copying the design of Plaintiff’s showroom and jewelry boxes, interfering with Plaintiff’s exclusive vendor contracts, and copying and/or plagiarizing several of Plaintiff’s taglines and written advertisements.

Court Case Number: 3:14-cv-00134-RLY-WGH
File Date: Monday, September 29, 2014
Plaintiff: Brinker Manufacturing Jewelers Inc., South Central Communications Corporation
Plaintiff Counsel: Jean M. Blanton of Ziemer Stayman Weitzel & Shoulders LLP, Nick J. Cirignano
Defendant: Rogers Galleria Jewelers LLC, Tyna Wheat, Sharon Sartore
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Deceptive Trade Practices, Conversion, Misappropriation of Advertising Ideas and Style of Doing Business, Tortious Interference with Business Relations
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Trademark Litigation Update – KM Innovations v. LTD Commodities

Another lawsuit involving synthetic fiber snowballs, this time for the INDOOR SNOWBALL FIGHT registered trademark.

Related case: KM Innovations v. Opportunities, Inc.

KM Innovations LLC v. LTD Commodities LLC

Court Case Number: 1:14-cv-01573-LJM-DML
File Date: Friday, September 26, 2014
Plaintiff: KM Innovations LLC
Plaintiff Counsel: Dean E. McConnell of McConnell Intellectual Property Law
Defendant: LTD Commodities LLC
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Property Damage Appraisers v. John Mosley et al

Property Damage Appraisers Inc. v. John Mosley et al

Court Case Number: 1:14-cv-01490-RLY-MJD
File Date: Friday, September 12, 2014
Plaintiff: Property Damage Appraisers Inc.
Plaintiff Counsel: Derek R. Molter of Ice Miller LLP
Defendant: John Mosley, Clinton Body Shop Inc.
Cause: Federal Unfair Competition, State Unfair Competition, Defamation, Tortious Interference with Business Relationships
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana Trademark Litigation Update – Sensory Technologies v. LogMeIn

This trademark dispute involves Plaintiff’s JOIN® trademark and Defendant’s JOIN.ME® trademark. Both marks are registered with the USPTO and used in connection with virtual meeting/video conferencing services. The trademarks have been used concurrently since July 2010. 

Sensory Technologies LLC v. LogMeIn Inc.

Court Case Number: 1:14-cv-01406-SEB-DKL
File Date: Tuesday, August 26, 2014
Plaintiff: Sensory Technologies LLC
Plaintiff Counsel: Jonathan G. Polak, Michael Z. Gordon of Taft Stettinius & Hollister LLP
Defendant: Logmein Inc.
Cause: Trademark Infringement, False Designation of Origin, Common Law Trademark Infringement, Unfair Competition, Forgery, Declaratory Judgment of Trademark Invalidity, Permanent Injunctive Relief
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

Indiana Trademark Litigation Update – Chanel v. Chanel’s Salon

From the Complaint: “Chanel recognizes the fact that “Chanel” is the first name of Defendant Chanel Jones. But this suit is not about Ms. Jones’ ability to use her name to identify herself. Ms. Jones is using CHANEL as a trade name for a beauty business and commercially exploiting the name CHANEL. There is no absolute right to exploit one’s given name commercially if such use is inconsistent with Chanel’s rights. In this case, Ms. Jones is not using her entire name but is instead only using that part of her name that copies Chanel’s famous CHANEL trademark. Ms. Jones’ use began long after the CHANEL mark was registered and became famous, and Ms. Jones’ use is in connection with services related to those offered by Chanel.”

Chanel, Inc. v. Chanel’s Salon LLC et al

Court Case Number: 2:14-cv-00304
File Date: Friday, August 29, 2014
Plaintiff: Chanel, Inc.
Plaintiff Counsel: Gregory A Neibarger
Defendant: Chanel’s Salon LLC, Chanel Jones
Cause: Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, State Unfair Competition, State Trademark Infringement
Court: Northern District of Indiana
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Paul R. Cherry

Complaint:

Concert Photographer Files 3 More Copyright Lawsuits over Violation of Creative Commons License

Plaintiff is a concert photographer. He posted photographs (of Willie Nelson and Chris Daughtry) to Wikimedia under a Creative Commons Attribution 3.0 Generic license. The defendants have all allegedly used Plaintiff’s photograph(s) on their respective websites without giving proper credit to Plaintiff. Plaintiff is representing himself in these lawsuits and has filed similar complaints previously (Related Cases).

Court Case Number: 1:14-cv-01357-TWP-DML
File Date: Monday, August 18, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Mansion America, LLC, Oak Ridge Boys Theater
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Court Case Number: 1:14-cv-01356-SEB-DML
File Date: Monday, August 18, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Bake Me A Wish, LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Court Case Number: 1:14-cv-01377-LJM-MJD
File Date: Thursday, August 21, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Everything Brooklyn Media LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Mark J. Dinsmore

Representative Complaint

Indiana Trademark Litigation Update – Rieke Corporation v. Riekes Packaging Corporation

Since as least as early as June 2000, Plaintiff, based in Auburn, Indiana, has continuously used the RIEKE PACKAGING SYSTEMS® trademark in connection with Plaintiff’s dispensing systems and closures. Around 2012, Defendant began using the RIEKES PACKAGING CORPORATION name in connection with glass bottles, plastic bottles, plastic closures, caps, metalclosures, dispensing closures and systems. Plaintiff has brought this lawsuit seeking damages and injunctive relief.

Rieke Corporation v. Riekes Packaging Corporation

Court Case Number: 1:14-cv-00241-PPS-RBC
File Date: Thursday, August 07, 2014
Plaintiff: Rieke Corporation
Plaintiff Counsel: Kurt N. Jones of Woodard Emhardt Moriarty McNett & Henry LLP
Defendant: Riekes Packaging Corporation
Cause: Federal Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey