Common Law Unfair Competition, Contributory Trademark Infringement, Conversion, Deception, False Designation of Origin, Federal Trademark Infringement, Indiana Crime Victim's Relief Act, Litigation Update, Michael P. Brookman, Richard L. Young
Plaintiff, Kimball International, Inc., has been selling furniture under the KIMBALL trademark since 1970. Plaintiff owns several trademark registrations, including the following:
According to the Complaint (below), it was recently brought to Plaintiff’s attention that Defendant, a California-based furniture importer and distributor, had also begun selling “KIMBALL” furniture through its own website and retail partners.
A cease-and-desist letter was sent by Plaintiff on March 29, 2016, apparently to no effect. Stay tuned for updates.
KIMBALL INTERNATIONAL, INC. v. COA, INC.
Court Case Number: 3:2016-cv-00054 840
File Date: Monday, April 25, 2016
Plaintiff: Kimball International, Inc.
Plaintiff Counsel: Louis T. Perry of Faegre Baker Daniels LLP
Defendant: COA, Inc. d/b/a Coaster Company of America
Cause: Federal Trademark Infringement, False Designation of Origin, Contributory Trademark Infringement, Common Law Unfair Competition, Deception, Conversion, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Michael P. Brookman