Twisted Tater Food Truck sues Twisted Taters for Trademark Infringement

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Both parties in the latest Indiana trademark lawsuit operate food trucks in Indiana. The plaintiff has been operating as Twisted Tater since 2012, selling spiral cut potatoes placed on a skewer and deep fried.

The defendant apparently began operating as Twisted Taters in July 2021, selling “gourmet ribbon fryz.”

Plaintiff’s counsel sent a cease-and-desist letter in October 2023 and, unable to find a suitable resolution, now seek the intervention of the Southern District of Indiana.

The plaintiff received an Indiana state registration for their logo in 2016. They also received an Indiana trademark registration for the word mark TWISTED TATER on April 1, 2024. The plaintiff filed a federal trademark application for TWISTED TATER on March 29, 2024. However, a Google search reveals that there are several “Twisted Taters” in operation across the country, so the plaintiff may have some additional enforcement work and/or opposition defenses before they receive a federal registration. There are also some prior registrations for TWISTER FRIES and TWISTER that may lead to a Section 2(d) “likelihood of confusion” refusal.

Stay tuned for updates.

Peugh et al. v. Nadler et al.

Court Case Number: 1:24-cv-00764-JRS-TAB
File Date: May 3, 2024
Plaintiff: Charlotta Pugh, BCC Concessions, LLC d/b/a Twisted Tater
Plaintiff Counsel: Katie M. Charleston of Katie Charleston Law, PC
Defendant: Adam J. Nadler, Jr., Twisted Taters Food Truck and More, Does 1-10
Cause: Federal Trademark Infringement, Indiana State Trademark Infringement, Common Law Trademark Infringement, Unfair Use of Trade Name, Unfair Competition, Tortious Interference with Prospective Economic Advantage, Cybersquatting
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Tim A. Baker

Complaint:

“Diamond Tile” Copyright Lawsuit Refiled Against Hong Kong Resident

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This new copyright lawsuit is a refile of the recently-terminated January lawsuit between two Chinese corporations, now also naming an individual defendant living in Hong Kong. The lawsuit involves alleged infringing sales on Amazon.com of a knockoff of plaintiff’s “Diamond Tile,” a square or rectangular wall panel having a three-dimensional design formed by various diamond-like elements.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. et al.

Court Case Number: 1:24-cv-00644-JRS-MG
File Date: April 11, 2024
Plaintiff: Guangzhou Shima Decoration Materials Co., Ltd
Plaintiff Counsel: Michael A. Swift, Harold C. Moore, Travis W. Baxter of Maginot, Moore & Beck, LLP
Defendant: Shenzhen Ruimingxiang Technology Co., Ltd., Shi Lei
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Mario Garcia

Complaint:

April 2024 Indiana Intellectual Property Litigation Update

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It has been a mostly quiet month in Indiana IP litigation, with a few dismissals and several judge reassignments. Read on below for updates on all pending Indiana copyright and trademark litigation. Leave a comment about which case(s) you are following most closely.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) –On March 29, 2024, the Plaintiff received a judgment for $2 million, along with a permanent injunction. On April 3, 2024, the Plaintiff filed a Motion for Attorney Fees requesting an additional $1.26 million for attorneys’ fees, $5.56 million for profit disgorgement, and $244,000 in prejudgment interest.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – Over the last month, the parties made numerous filings pertaining to discovery disputes and attorney fees.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On March 21, 2024, Defendant Bartel filed a response to the Court’s Order to Show Cause addressing whether he should be sanctioned for repetitive and baseless motions.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) –  No update this month. The lawsuit is still awaiting the Court’s action on the plaintiff’s Stipulation of Dismissal filed on January 18, 2024.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) –  On April 4, 2024, a Closed Final Judgment was entered. The Plaintiff was awarded $186,000 in contractual damages and $84,000 in contractual attorney fees.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – No update this month.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) –  No update this month.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – On March 25, 2024, the case was reassigned to Judge Gretchen S. Lund for all further proceedings. Judge Philip P. Simon is no longer assigned to the case.

National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) –  On March 25, 2024, the case was reassigned to Judge Cristal C. Brisco for all further proceedings. Judge Philip P. Simon is no longer assigned to the case.

Sadowski v. Restoration 1 by J&D, LLC (SD 7/12/2023) –  An initial pretrial conference is scheduled on May 8, 2024.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – On March 25, 2024, the case was reassigned to Judge Cristal C. Brisco for all further proceedings. Judge Damon R. Leichty is no longer assigned to the case.

Hoffman v. Lauth Investigations International Inc. (SD 9/18/2023) – A Joint Stipulation of Dismissal was filed on March 18, 2024 and the case was dismissed by the Court the following day.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Status Conference was held on March 27, 2024. An in-person settlement conference is scheduled on September 23, 2024.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) – On March 25, 2024, the case was reassigned to Judge Gretchen S. Lund for all further proceedings. Judge Philip P. Simon is no longer assigned to the case.

Secada Medical LLC d/b/a Ventris Medical, LLC v. Nexxt Spine, LLC (SD 11/01/2023) – A Joint Stipulation of Dismissal was filed on March 22, 2024 and the case was dismissed by the Court on March 25, 2024.

Radic v. AllCity Adjusting LLC et al (ND 11/03/2023) –  A Notice of Settlement was filed on April 9, 2024. The Court has ordered the filing of dismissal papers by May 10, 2024.

Tempur Sealy International, Inc. et al. v. Luxury Mattress & Furniture, LLC (ND 11/09/2023) – On March 25, 2024, the case was reassigned to Judge Gretchen S. Lund for all further proceedings. Judge Philip P. Simon is no longer assigned to the case.

Stross v. Homestead Properties, Inc. (SD 11/09/2023) – The Court has ordered the Plaintiff to refile its two prior-filed Motions to Dismiss as a single motion, which the Plaintiff did on April 5, 2024.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. (SD 1/08/2024) – A Notice of Voluntary Dismissal was filed by the Plaintiff on April 11, 2024 and the case was terminated.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – On March 25, 2024, the case was reassigned to Judge Gretchen S. Lund for all further proceedings. Judge Damon R. Leichty is no longer assigned to the case.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – The Defendants failed to appear at an Status Conference on April 12, 2024. The Defendants have been ordered to show good cause for their failure to appear by April 22, 2024.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV (SD 2/21/2024) – An initial pretrial conference is scheduled on May 8, 2024.

Valcrum, LLC v. Dexter Axle Company, LLC (SD 3/1/2024) – The Defendant’s time to answer has been extended by agreed notice to April 22, 2024. G. Thomas Williams III has appeared pro hac vice on behalf of the Defendant.

Rigsby v. All Seasons Roofing (ND 3/14/2024) – No update yet.

Optical Tactics, LLC d/b/a Fort Wayne Printing Company v. Allen & Goes Marketing Company (ND 3/29/2024) – No update yet.

March 2024 UpdatesFebruary 2024 Updates – January 2024 Updates

December 2023 Updates – December 2022 Updates –  December 2021 Updates

Fort Wayne Printing Company sues FortWaynePrintShop.com for Trademark Infringement, Dilution

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Fort Wayne Printing Company has performed printing and related services in Northeast Indiana since 1902. They have a pending federal trademark application for FORT WAYNE that successfully passed its 30-day publication window on March 28, 2024. One day later, Fort Wayne Printing Company filed a federal trademark lawsuit in Indiana against a company using the domain FortWaynePrintShop.com.

The defendant, Allen & Goel Marketing Company, has been using the domain name fortwayneprintshop.com to advertise printing and related services. When attempting to purchase services at the domain, it redirects to their primary website, http://www.printshopnation.com.

It’s possible that the marketing company directly targeted Fort Wayne Printing Company in purchasing the FortWaynePrintShop.com domain. However, they may have just purchased a bunch of geographically descriptive domains (i.e. “[cityname]printshop.com) and didn’t check whether any of those names corresponded to a pre-existing company. In the latter scenario, you might expect them to simply give up the domain without incurring a federal lawsuit. By not relinquishing the domain, it could be an indication that this particular geographic domain is especially profitable for them. Further, the FortWaynePrintShop.com domain was first created on 11/11/2011 and the Internet Archive first captured the website in May 2013, so the defendant might have a valid acquiescence or laches defense.

Apparently unable to resolve this situation with normal cease-and-desist communications, probably due to the 10+ years use of the domain name, the plaintiff now seeks court intervention in the Northern District of Indiana. The fact that the lawsuit was filed one day after the trademark application’s publication window closed may indicate that the defendant was never contacted, in order to not tip them off to the application status. Either way, stay tuned for updates.

Optical Tactics, LLC d/b/a Fort Wayne Printing Company v. Allen & Goel Marketing Company

Court Case Number: 1:24-cv-00134-HAB-SLC
File Date: March 29, 2024
Plaintiff: Optical Tactics, LLC d/b/a Fort Wayne Printing Company
Plaintiff Counsel:
Defendant: Allen & Goes Marketing Company
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal Passing Off, Federal Unfair Competition, Trademark Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Injunctive Relief
Court: Northern District of Indiana
Judge: Holly A. Brady
Referred To: Susan L. Collins

Complaint:

Copyright Lawsuit filed over Sullivan Tornado Damage Video

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The defendant in the latest Indiana copyright lawsuit is a Lafayette,Indiana-based roofing company alleged to have shared a video showing the tornado damage from the town of Sullivan, Indiana on its company Facebook page. The plaintiff is a professional videographer from Colorado.

Companies, go delete old social media posts that include any content that you don’t own or have well-documented permission to use and share. As we’re seeing, old posts can carry a legal risk, so if they are no longer providing a marketing benefit, consider deletion.

Stay tuned for updates.

Rigsby v. All Seasons Roofing

Court Case Number: 4:24-cv-00023-PPS-JEM
File Date: March 14, 2024
Plaintiff: Aaron Rigsby
Plaintiff Counsel: Craig Sanders, Esq. of Sanders Law Group
Defendant: John W. Darnell, Inc. d/b/a All Seasons Roofing
Cause: Direct Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: John E. Martin

Complaint: