Author Archives: Kenan Farrell

Coop v. Co-op phonetic similarity fuels trademark dispute

02 Monday May 2016

Posted by in Intellectual Property

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Plaintiff is a farmer owned cooperative which operates an oil exploration, production, refining, and marketing company. They have used their registered CO-OP trademark since at least 1991.

Defendant is a fuel company called Coop (pronounced Co-op) Fuels. They were first contacted by Plaintiff two weeks ago regarding their confusingly similar trademark and, apparently, did not act quickly enough to change their name.

Screen Shot 2016-05-02 at 12.38.25 PMNote the Defendant’s website is currently down and its Facebook page has announced “big changes coming,” so perhaps a name change is already underway. Stay tuned for updates.

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Countrymark Refining and Logistics, LLC v. Coop Fuels, Inc.

Court Case Number: 1:16-cv-00972-SEB-MPB
File Date: Friday, April 29, 2016
Plaintiff: Countrymark Refining and Logistics, LLC
Plaintiff Counsel: David K. Herzog, Amie Peele Carter, Louis T. Perry of Faegre Baker Daniels LLP
Defendant: Coop Fuels, Inc.
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition, Contributory Trademark Infringement, Common Law Unfair Competition, Deception, Conversion, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Matthew P. Brookman

Complaint:

Jasper-based Kimball International files lawsuit to enforce KIMBALL trademark

27 Wednesday Apr 2016

Posted by in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trademark

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Plaintiff, Kimball International, Inc., has been selling furniture under the KIMBALL trademark since 1970. Plaintiff owns several trademark registrations, including the following:

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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.

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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

Complaint:

Sign Company sues Former Employee for Trademark Infringement and Unfair Competition

18 Monday Apr 2016

Posted by in Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trademark

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Defendant, a former employee of Plaintiff, is alleged to use have used Plaintiff’s company resources to benefit his own competing business. The Complaint (below) describes in detail (truly…the Complaint goes up to Exhibit JJJ) how Defendant apparently falsely claimed credit for Plaintiff’s past achievements and client relationships.

Stay tuned for updates.

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Landmark Signs Inc v. I C U Outdoor Advertising LLC et al

Court Case Number: 2:16-cv-00128-RLM-JEM
File Date: Friday, April 15, 2016
Plaintiff: Landmark Signs Inc.
Plaintiff Counsel: Cori A. Mathis of Hilbrich Cunningham Dobosz Vinovich & Sandoval, LLC
Defendant: I C U Advertising LLC, Lawrence M. Yurko
Cause: Federal Unfair Competition, Breach of Fiduciary Duty, State Unfair Competition, Tortious Interference with a Business Relationship, Tortious Interference with a Prospective Economic Advantage, Illinois Deceptive Trade Practices, Federal Trademark Infringement, State Trademark Infringement, Illinois Trademark Infringement
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: John E. Martin

Complaint:

Painter sues Wine and Canvas for Copyright Infringement during “Paint Parties”

13 Wednesday Apr 2016

Posted by in Artists, Copyright, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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Plaintiff, a painter from Florida, alleges that her paintings were copied without authorization at the Defendants’ “paint parties.” Plaintiff asserts that her registered artworks were reproduced at paint parties on at least 36 occasions. According to the Complaint (below), Plaintiff contacted Wine and Canvas about the recurring infringements multiple times, starting back in April 2012.

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Duncanson v. Wine and Canvas IP Holdings LLC et al

Court Case Number: 1:16-cv-00788-SEB-DKL
File Date: Monday, April 11, 2016
Plaintiff: Megan Aroon Duncanson
Plaintiff Counsel: Cynthia Conlin, Esq.
Defendant: Wine and Canvas IP Holdings LLC et al
Cause: Direct Copyright Infringement, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Denise K. LaRue

Complaint:

 

Indiana Trademark Litigation Update – NETZSCH PREMIER TECHNOLOGIES, LLC v. PHLER FEINMAHLTECHNIK GMBH et al

11 Monday Apr 2016

Posted by in Indiana, Intellectual Property, Southern District of Indiana, Trademark

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Defendant is alleged to be involved in the advertising, promotion, and sale of counterfeit mixers, dispersers, mills, and related products.

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NETZSCH PREMIER TECHNOLOGIES, LLC v. PHLER FEINMAHLTECHNIK GMBH et al

Court Case Number: 1:16-cv-00781-WTL-MPB
File Date: Friday, April 8, 2016
Plaintiff: NETZSCH PREMIER TECHNOLOGIES, LLC
Plaintiff Counsel: Jeffrey Kose, Patrick F.X. Fitzpatrick, Jr. of Benesch, Friedlander, Coplan & Fronoff LLP
Defendant: PHLER FEINMAHLTECHNIK GMBH et al
Cause: Trademark Counterfeiting, Trademark Infringement, False Designation of Origin, False Description, Federal Unfair Competition, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Matthew P. Bookman

Complaint: