Court Case Number: 1:12-cv-01756-RLY-MJD
File Date: Friday, November 30, 2012
Plaintiff: Blue Martini Founders LLC
Plaintiff Counsel: Kari H. Halbrook of Lewis, Brisbois, Bisgaard & Smith, LLP
Defendant: Russell Allen, Heritage Entertainment, Inc., Does 1-10
Cause: Trademark Infringement, Federal Unfair Competition,
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore
Court Case Number: 1:12-cv-01252-RLY-DKL
File Date: Wednesday, September 05, 2012
Plaintiff: Noble Roman’s Inc.
Plaintiff Counsel: Curtis T. Jones of Bose McKinney & Evans LLP
Defendant: Village Pantry LLC
Cause: Lanham Act Trade Dress Infringement, Common Law Trade Dress Infringement, Federal Unfair Competition, Breach of Contract
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Denise K. LaRue
Mortar Net continues its attempts to protect its “dovetail-shaped line of fibrous mesh products for use in masonry applications” (see example in Exhibit A below). Mortar Net’s counsel have a pretty clear hurdle to overcome in the “functionality doctrine,” which prevents manufacturers from protecting specific features of a product by means of trademark law. If a feature gives a producer a competitive advantage which is not related entirely to its function as a brand identifier, then it cannot be trademarked, regardless of advertising and promotional efforts. Such features are more appropriately protected under patent law. This is Mortar Net’s third filing of the year (see Related Cases below) and all have been assigned to a different judge, so maybe they’ll get lucky and find a judge willing to extend trademark protection to their dovetail design.
Stay tuned for updates.
Related Cases:
Court Case Number: 2:12-cv-00252-PPS-PRC
File Date: Tuesday, July 03, 2012
Plaintiff: Mortar Net USA Ltd
Plaintiff Counsel: Daniel W Glavin of O’Neill McFadden & Willett LLP
Defendant: Masonry Reinforcing Corporation of America
Cause: Trade Dress Infringement, Federal Trademark Infringement, Trademark Infringement, Federal Unfair Competition, Common Law Infringement Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Paul R Cherry
Complaint:
Exhibit A:
Court Case Number: 2:12-cv-00215-TLS-APR
File Date: Friday, May 25, 2012
Plaintiff: Mortar Net USA Ltd.
Plaintiff Counsel: Daniel W. Glavin of O’Neill McFadden & Willett LLP
Defendant: Hohmann & Barnard Inc.
Cause: Federal Trade Dress Infringement, Federal Trademark Infringement, Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Andrew P. Rodovich
Court Case Number: 2:12-cv-00148-JVB-PRC
File Date: Monday, April 16, 2012
Plaintiff: Mortar Net USA Ltd.
Plaintiff Counsel: Daniel W. Glavin of O’Neill McFadden & Willett LLP, Michael H Baniak
Defendant: Keene Building Product Co.
Cause: Federal Trade Dress Infringement, Federal Trademark Infringement, Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Paul R. Cherry
