Well, at least it’s not another photography copyright case…
But it’s not really much of a trademark case either. The defendants are alleged to have continued using Plaintiff’s trademarks after the expiration of a previous Franchise Agreement.
What does make this case interesting is that it has a long history. The prior owner of the same Auburn, Indiana facility was involved in a similar 2016 lawsuit with Super 8.
How about this assertion in the Complaint? Do you agree? Indisputably?
16. The Super 8® Marks are indisputably among the most famous in the United States.
I can think of many brands (at least 100) more famous than Super 8 motels. But, you go, Super 8.
Super 8 found a resolution last time (new franchisee?) so maybe they’ll do the same this time. Stay tuned for updates.
Super 8 Worldwide, Inc. v. Harvee Properties et al
Court Case Number: 1:19-cv-00145
File Date: Thursday, April 4, 2019
Plaintiff: Super 8 Worldwide, Inc.
Plaintiff Counsel: Andrew M. Pendexter, James M. Hinshaw of Bingham Greenebaum Doll LLP
Defendant: Harvee Properties, LLC, Paresh Patel
Cause: Federal Trademark Infringement, False Designation of Origin, Federal Trademark Counterfeiting, State Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins