The Hardrock Hotel and Casino has been hosting a popular daytime party, The Rehab Pool Party, since 2004. Plaintiffs own multiple trademarks referring to daytime parties, and the Rehab name and logo. For the past few years, Bella Vita Lakeside restaurant and bar in Indianapolis has hosted weekly pool parties called “Rehab+ Sundays.” Plaintiffs allege that Defendant’s party logo is confusingly similar to Plaintiffs’ owned trademarks. In fact, a local blog claimed “Bella Vita borrowed the “Rehab” theme from the Hard Rock Hotel and Casino.” Plaintiffs allege that Defendants have refused to cease their infringing use and intend to continue to organize and host the “Rehab+ Sundays” pool parties in the Summer of 2015.
HRHH Hotel/Casino LLC et al v. Bella Vita LLC et al
Court Case Number: 1:15-cv-00791-WTL-MJD File Date: Wednesday, May 20, 2015 Plaintiff: HRHH Hotel/Casino LLC, HRHH IP, LLC Plaintiff Counsel: Gregory F. Hahn, Craig E. Pinkus of Bose McKinney & Evans LLP Defendant: Bella Vita LLC, Henri B. Najem Cause: False Designation of Origin and Unfair Competition, Trademark Infringement, Dilution, Unfair Competition Court: Southern District of Indiana Judge: Judge William T. Lawrence Referred To: Magistrate Judge Mark J. Dinsmore
Plaintiff, an Indiana company, entered into an agency agreement with Defendant, a Louisiana company, in March 2014. In May 2014, Defendant signed a promissory note for over $32,000, including numerous vans and trailers as collateral. The agency agreement was then terminated in October 2014. Plaintiff sent Defendant multiple letters regarding amounts owed (over $73,000) and cessation of trademark usage. Now, Plaintiff alleges that Defendant continues to advertise services under Plaintiff’s name and operated numerous pieces of equipment in interstate commerce which impermissibly bore the trademark owned by Plaintiff.
Wheaton Van Lines Inc. et al v. Faulk-Collier Moving & Storage LLC et al
Jun Q. Xia was employed by Agdia until 2001. After leaving the company, Xia allegedly violated the terms of a non-competition agreement. The ensuing lawsuit was resolved by a permanent injunction order in 2002. Later, Xia formed AC Diagnostics, which directly competes with Agdia. The AC Diagnostics website, acdiainc.com, is only one letter different than Agdia Inc and Xia allegedly covertly embedded the Agdia name into the website so that it was searchable without being visible.
Agdia Incorporated v. Jun Qiang Xia and AC Diagnostics, Inc.
Court Case Number: 3:15-cv-00075 File Date: Monday, February 16, 2015 Plaintiff: Agdia Incorporated Plaintiff Counsel: James M. Lewis, Michael J. Hays of Tuesley Hall Konopa LLP Defendant: Jun Qiang Xia, AC Diagnostics, Inc. Cause: Trademark Infringement, False Designation of Origin and False Advertising, CyberPiracy, Common Law Unfair Competition, Common Law Trademark Infringement Court: Northern District of Indiana Judge: Jon E. DeGuilio Magistrate Judge: Christopher A. Nuechterlein
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
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
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
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
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
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
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