Indiana Trademark Litigation Update – Cummins v. T’Shirt Factory

Here’s a lawsuit over counterfeit apparel being sold at kiosks around Indiana malls bearing the CUMMINS trademark. Cummins is an Indianapolis-based designer and manufacturer of power generation equipment, power systems, gasoline engines, custom power supplies. Check out some sample “counterfeits” below:

Counterfeiting

Cummins, Inc. v. T’Shirt Factory et al

Court Case Number: 1:13-cv-01972-WTL-DML
File Date: Friday, December 13, 2013
Plaintiff: Cummins, Inc.
Plaintiff Counsel: T. Joseph Wendt of Barnes & Thornburg LLP
Defendant: T’Shirt Factory, Freedom Custom Z, Shamir Harutyunyan, Does 1-10
Cause: Trademark Infringement, Trademark Dilution, Trademark Counterfeiting
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
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

Trial Scheduled for Indiana’s First Keyword Advertising Case

Indiana’s first keyword advertising case is now set for trial. However, don’t hold your breath if you’re waiting for an answer to whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement. The Angie’s List/ServiceMagic trial won’t take place for over a year.

On May 6, a Scheduling Order set a bench trial for October 6, 2014 (at 9:30 AM in Room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker). A settlement conference was held  between the parties in February 2013 but no settlement was reached. Based on the importance of this question to the parties involved, I expect this case to go to trial, however long that may take.

In the meantime, you can review the Answer to Complaint and Answer to Counterclaims below. Stay tuned for updates.

DEFENDANT SERVICEMAGIC, INC.’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS:

ANGIE’S LIST’S ANSWER TO SERVICEMAGIC’S COUNTERCLAIMS:

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 – Wine & Canvas Development v. Rachel Roberts

Wine & Canvas Development, LLC v. Rachel Roberts et al

Court Case Number: 1:12-cv-01752-JMS-TAB
File Date: Friday, November 30, 2012
Plaintiff: Wine & Canvas Development, LLC
Plaintiff Counsel: P. Adam Davis of Davis & Sarbinoff, LLP
Defendant: Rachel Roberts, Avraham Levi, Las Vegas Bungee, Inc.
Cause: Notice of Removal, Trademark Infringement, False Designation of Origin, Trademark Dilution, Sales of Counterfeit Items/Services, Unfair Competition, Civil Action under the Indiana Crime Victims Act
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

Complaint:

Notice of Removal:

Indiana Trademark Litigation Update – CK Franchising v. Comfort Keepers

CK Franchising Inc v. Comfort Keepers Inc et al

Court Case Number: 3:12-cv-00411-PPS-CAN
File Date: Wednesday, August 01, 2012
Plaintiff: CK Franchising Inc
Plaintiff Counsel: Damon R Leichty of Barnes & Thornburg LLP
Defendant: Comfort Keepers Inc, Catherine Graham
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Trademark Dilution,
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Christopher A Nuechterlein

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

Indiana Trademark Litigation Update – Angie’s List v. ServiceMagic

Indiana finally has its own keyword advertising case!

Local internet powerhouse Angie’s List accuses ServiceMagic of using the “Angie’s List” trademark as a keyword in some of its Google AdWords sponsored link advertisements. While several courts around the country have ruled on this issue, in Indiana it is still undetermined whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement.

For those unfamiliar with keyword advertising, see the image below. ServiceMagic pays Google to appear in the “Ads related to” box at the top of the search results for the term “Angie’s List,” directly below Angie’s List’s official site. Big companies hate this practice and small competitors love it. Google really loves it, because advertising is where Google gets a big chunk of their revenue. We’ll soon find out what the Southern District of Indiana, via Judge Sarah Evans Barker, thinks about it.

This is no David and Goliath story either. ServiceMagic’s parent company IAC owns many major web products, including Ask.com, Match.com and Vimeo.

Stay tuned for updates as the case proceeds.

Angie’s List Inc. v. Servicemagic Inc.

Court Case Number:    1:12-cv-00755-SEB-TAB
File Date:    Friday, June 01, 2012
Plaintiff:     Angie’s List Inc.
Plaintiff Counsel:     George A. Gasper, Michael A. Wukmer, Bradley M. Stohry of Ice Miller LLP
Defendant:     ServiceMagic Inc.
Cause:    Trademark Infringement, Unfair Competition, Trade Disparagement, Trademark Dilution, Common Law Unfair Competition, Unjust Enrichment, Request for Preliminary and Permanent Injunctive Relief
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – Reindeer Logistics v. McKnight Logistics

Reindeer Logistics Inc. v. McKnight Logistics Inc.

Court Case Number: 1:12-cv-00283-TWP-DKL
File Date: Friday, March 02, 2012
Plaintiff: Reindeer Logistics Inc.
Plaintiff Counsel: S. Andrew Burns of Cox Sargeant & Burns PC
Defendant: McKnight Logistics Inc.
Cause: Trademark Infringement, Unfair Competition, Violation of Federal Anti-Cybersquatting Act, Trademark Dilution
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

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