Indiana Trademark Litigation Update – Sprint Solutions et al v. Reginald Aldridge et al

Plaintiff Sprint accuses three defendants of profiting from the illegal acquisition and resale of new Sprint phones. The Complaint is lengthy, detailing both Sprint’s business model and the Defendants’ alleged “Bulk Handset Theft and Trafficking Scheme,” in addition to fourteen claims. Presumably, in addition to civil penalties, the actions alleged by the Plaintiffs could also result in criminal penalties for Defendants.

Sprint Solutions, Inc. et al v. Reginald Aldridge et al

Court Case Number: 1:14-cv-00128-TWP-DML
File Date: Wednesday, January 29, 2014
Plaintiff: Sprint Solutions, Inc., Sprint Communications Company LP, Boost Worldwide, Inc.
Plaintiff Counsel: Matthew B. Millis, John D. Waller of Wooden & McLaughlin LLP
Defendant: Reginald Aldridge, Arrice Aldridge, Damion Transou
Cause: Unfair Competition, Tortious Interference with Business Relationships and Prospective Advantage, Civil Conspiracy, Unjust Enrichment, Conspiracy to Induce Breach of Contract, Common Law Fraud, Fraudulent Misrepresentation, Trafficking in Computer Passwords, Unauthorized Access, Unauthorized Access with Intent to Defraud, Federal Trademark Infringement, Common Law Trademark Infringement, False Advertising, Contributory Trademark Infringement, Conversion
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Wounded Warrior Project sues Indiana Veteran over Critical Comments on Website

Plaintiff, Wounded Warrior Project, is a Virginia-based nonprofit that claims to provide comfort items to service members injured in combat. Defendant Help Indiana Vets operates an Indiana-based website (run by a U.S. Army veteran) that is critical of Plaintiff’s operations, asserting that “Wounded Warrior Project is a Fraud.” Wounded Warrior Project responded by filing this lawsuit in an attempt to force Defendant to change the website.

All Veterans Memorial

Defendant seems intent on fighting the lawsuit on behalf of “all Wounded Warriors” and is soliciting donations for a legal defense fund. Veterans, bloggers, free speech and anti-censorship advocates will likely be interested in supporting Defendant in this litigation but it will be an uphill battle since Plaintiff already has a team of high-powered attorneys.

Stay tuned for updates.

Wounded Warrior Project, Inc. v. Help Indiana Vets, Inc. et al

Court Case Number: 1:13-cv-01857-RLY-DML
File Date: Thursday, November 21, 2013
Plaintiff: Wounded Warrior Project, Inc.
Plaintiff Counsel: Jessica M. Lindemann of Barnes & Thornburg LLP
Defendant: Help Indiana Vets, Inc., Dean M. Graham
Cause: False Advertising, Criminal Deception, Defamation, Common Law Unfair Competition, Tortious Interference with Business Relationships, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Eli Lilly files 2 lawsuits over pet brands ELANCO, COMFORTIS, TRIFEXIS and PANORAMIS

Eli Lilly has filed two related cases involving its many lines of pet medicines, including ELANCO veterinary preparations, COMFORTIS flea-control preparations and TRIFEXIS and PANORAMIS pet medicines. The Defendants allegedly advertise and sell Australian and European version of the pet medicines branded with Eli Lilly’s trademarks through their respective websites.

Eli Lilly and Company v. Graham Nelson et al

Court Case Number: 1:13-cv-01800-JMS-DML
File Date: Tuesday, November 12, 2013
Plaintiff: Eli Lilly and Company
Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP
Defendant: Graham Nelson, Zoja Pty. Ltd.
Cause: Trademark Infringement, Unfair Competition, False Advertising, State Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

Eli Lilly and Company v. Sebastian Wiradharma et al

Court Case Number: 1:13-cv-01802-RLY-TAB
File Date: Tuesday, November 12, 2013
Plaintiff: Eli Lilly and Company
Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP
Defendant: Sebastian Wiradharma, Singpet Pte. Ltd.
Cause: Trademark Infringement, Unfair Competition, False Advertising, State Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – Master Cutlery v. Pacific Solution Marketing

Master Cutlery, Inc. v. Pacific Solution Marketing, Inc.

Court Case Number: 1:13-cv-00819-JMS-DML
File Date: Friday, May 17, 2013
Plaintiff: Master Cutlery, Inc.
Plaintiff Counsel: Darlene R. Seymour Attorney at Law
Defendant: Pacific Solution Marketing, Inc.
Cause: Trademark Infringement, Copyright Infringement, Trademark Dilution, False Designation of Origin or Sponsorship, False Advertising, Trade Dress Infringement, Common Law Copyright Infringement, Common Law Trademark Infringement, Unfair Competition, Theft, Counterfeiting
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – XP Innovation v. Ian Smith

This appears to be Indiana’s first “Sponsored” ad case. Anyone who uses Facebook has seen the “Sponsored” ads on the right side of their screen. Those ads are one of the primary ways that Facebook makes money. Similar to the “keyword advertising” cases revolving around Google’s keyword searches, it now appears the time has come to litigate over what constitutes an acceptable use of someone else’s trademark in one of Facebook’s sponsored ads.

Quick summary of the facts:

1. Defendant ran the following Sponsored ad on Facebook:

Dans Comp Ad

2. Clicking the link takes users to a separate website where they complete a survey and enter their name, email and phone number in hopes of winning a free Dan’s Comp bicycle. Due to the prominent use of the Dan’s Comp logo, that website appears to be affiliated with Dan’s Comp (although it is not).

3. Nobody ever wins a bicycle.

4. Dan’s Comp’s reputation is damaged and the consuming public is potentially harmed.

Stay tuned for updates.

XP Innovation LLC v. Ian Smith

Court Case Number: 3:13-cv-00106-RLY-WGH
File Date: Friday, April 12, 2013
Plaintiff: XP Innovation LLC
Plaintiff Counsel: Amie P. Carter, Louis T. Perry of Baker & Daniels
Defendant: Ian Smith
Cause: Trademark Infringement, Unfair Competition and False Designation of Origin, False Advertising, Common Law Unfair Competition and Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Trademark Litigation Update – Robert Payne v. Northern Tool & Equipment Company

Robert Payne v. Northern Tool & Equipment Company Inc. et al

Court Case Number: 2:13-cv-00109-JD-APR
File Date: Wednesday, March 27, 2013
Plaintiff: Robert Payne
Plaintiff Counsel: Edward R. Hall of Law Office of Edward Hall
Defendant: Northern Tool & Equipment Company Inc., Northern Tool & Equipment Catalog Company
Cause: Trademark Infringement False Description of Origin, Palming Off and False Advertising; Unfair Competition by Infringement of Common Law Rights; Breach of Contract; Injunction
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Andrew P Rodovich

Indiana Trademark Litigation Update – Robert Payne v. Bucket Solutions

Robert Payne v. Bucket Solutions LLC

Court Case Number: 2:13-cv-00110-TLS-APR
File Date: Wednesday, March 27, 2013
Plaintiff: Robert Payne
Plaintiff Counsel: Edward R Hall of Law Office of Edward Hall
Defendant: Bucket Solutions LLC
Cause: Trademark Infringement False Description of Origin, Palming Off and False Advertising; Unfair Competition by Infringement of Common Law Rights; Injunction Relief
Court: Northern District of Indiana
Judge: Judge Theresa L Springmann
Referred To: Magistrate Judge Andrew P Rodovich

Indiana Trademark Litigation Update – Saeilo Enterprises v. ESCO Imports of Texas

Saeilo Enterprises Inc. v. ESCO Imports of Texas Inc.

Court Case Number: 1:13-cv-00365-JMS-MJD
File Date: Wednesday, March 06, 2013
Plaintiff: Saeilo Enterprises Inc.
Plaintiff Counsel: Darlene R. Seymour, Jeremiah Pastrick of Continental Enterprises
Defendant: ESCO Imports of Texas Inc.
Cause: Notice of Removal, Trademark Infringement, Trademark Dilution, False Designation of Origin or Sponsorship, False Advertising, Trade Dress Infringement, Common Law Trademark Infringement, Unfair Competition, Theft, Counterfeiting, State Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Mark J. Dinsmore

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

Indiana Trademark Litigation Update – Century 21 Real Estate v. Realty Group I

Century 21 Real Estate, LLC v. Realty Group I, LLC f/d/b/a Century 21 Realty Group I et al

Court Case Number:    1:12-cv-00862-WTL-DML
File Date:    Thursday, June 21, 2012
Plaintiff:     Century 21 Real Estate, LLC
Plaintiff Counsel:     Patrick F. Moran of Gordon & Rees LLP
Defendant:     Realty Group I, LLC f/d/b/a Century 21 Realty Group I, Realty Group McCoun/82nd Street, LLC f/d/b/a Century 21 Realty Group, Kevin Kirkpatrick, John Dick, Phillip McCoun
Cause:    Trademark Infringement, False Designation of Origin, False Advertising, Trademark Dilution, Common Law Unfair Competition, Breach of Contract, Audit Demand/Accounting, Unjust Enrichment
Court:    Southern District of Indiana
Judge:     Judge William T. Lawrence
Referred To: Magistrate Judge Debra McVicker Lynch