Tags
Breach of Franchise Agreement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Counterfeiting, Federal Trademark Infringement, State Trademark Infringement
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
Complaint:
Indiana Intellectual Property Blog 