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 Trade Dress Litigation Update – KM Innovations v. Opportunities, Inc.

This is a trade dress lawsuit involving the product packaging for synthetic fiber snowballs. See the Complaint below for a description of the similarities and some really grainy comparison photos.

Plaintiff is based in New Castle, Indiana. Defendant is based in Colo, Iowa, which has a population of 876 and is named after a railroad official’s dog.

KM Innovations LLC v. Opportunities, Inc.

Court Case Number: 1:14-cv-00199-SEB-DML
File Date: Tuesday, February 11, 2014
Plaintiff: KM Innovations LLC
Plaintiff Counsel: Dean E. McConnell of McConnell Intellectual Property Law
Defendant: Opportunities, Inc.
Cause: Trade Dress Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

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 – 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 – Noble Roman’s v. Village Pantry

Noble Roman’s Inc. v. Village Pantry LLC

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

Indiana Trade Dress Litigation Update – Mortar Net USA v. Masonry Reinforcing Corporation of America

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:

Mortar Net USA Ltd v. Masonry Reinforcing Corporation of America

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:

Indiana Trade Dress Litigation Update – Mortar Net USA Ltd. v. Keene Building Product Co.

Mortar Net USA Ltd. v. Keene Building Product Co.

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

Indiana Trademark Litigation Update – Coach v. Kristy A. Davidson

Coach, Inc. et al v. Kristy A. Davidson

Coach continues the litigation trail against Kristy’s Trends of Greenfield, Indiana.

Court Case Number: 1:11-cv-01695-TWP-DML
File Date: Thursday, December 22, 2011
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan, LLP
Defendant: Kristy A. Davidson
Cause: Copyright Infringement, Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Orgin, False Advertising, Trademark Dilution, Common Law Trademark Infringement, Unfair Competition, Forgery
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Saeilo Enterprises v. Scottwerx

Saeilo Enterprises Inc. v. Scottwerx, LLC

Manufacturing company, Saeilo Enterprises, formed the Kahr Arms division in 1994. In 1999, Kahr Arms bought Auto-Ordnance, including the “Tommy Gun” trademark.

Ruger 10/22 Tommy Gun

In June, Saeilo filed a trademark complaint in Hamilton County Superior Court against New York company, Scottwerx.  The complaint claims jurisdiction in Hamilton County “because a substantial part of the events giving rise to the claims alleged herein arose in Hamilton County, Indiana”.

Citing the numerous federal allegations in the original complaint, defendant Scottwerx has filed a Notice of Removal asking the case be moved to Federal court.

Court Case Number: 1:11-cv-00993-TWP-DML
File Date: Tuesday, July 26, 2011
Plaintiff: Saeilo Enterprises Inc.
Plaintiff Counsel: Darlene R. Seymour – Attorney at Law
Defendant: Scottwerx, LLC
Cause: Notice of Removal – Fed. Question: Trademark Infringement, Trademark Dilution, False Designation of Origin or Sponsorship, False Advertising, Trade Dress Infringement, Common Law Trademark Infringement, Unfair Competition, Conversion, Forgery, Counterfeiting, Theft, State Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Notice of Removal

Exhibit A: Original Complaint

Indiana Trademark Litigation Update – Coach v. Diva’s House of Style

Coach v. Diva’s House of Style

Court Case Number: 3:11-cv-00253-JD -CAN
File Date: Thursday, June 16, 2011
Plaintiff: Coach Inc, Coach Services Inc
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Diva’s House of Style, Elizabeth Bond
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery, Counterfeiting,
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Christopher A Nuechterlein