Category Archives: Indiana

Indiana Botanic Gardens files lawsuit to protect EUCAMINT trademark

01 Wednesday Jun 2016

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

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This trademark dispute between Hobart, Indiana-based Indiana Botanic Gardens and a California defendant involves the use of the trademark EUCAMINT in connection with camphorated ointments. The Plaintiff has used its trademark since 1925.

The Defendant has been using the EUCAMINT mark in connection with a eucalyptus shower mist since as early as 2013.

Camphor used to be made by distilling the bark and wood of the camphor tree. Today, camphor is chemically manufactured from turpentine oil. It is used in products such as Vicks VapoRub. –WebMD

Indiana Botanic Gardens Inc v. Snyder Manufacturing Corporation

Court Case Number: 2:16-cv-00197-JD-PRC
File Date: Tuesday, May 31, 2016
Plaintiff: Indiana Botanic Gardens, Inc.
Plaintiff Counsel: David C. Brezina, Boris Umansky of Ladas & Parry LLP
Defendant: Snyder Manufacturing Corporation d/b/a Eurospa Aromatics d/b/a Eurospa Chemicals
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Paul R. Cherry

Complaint:

Pro Se Plaintiff sues National Heritage Academies for infringement of educational program

30 Monday May 2016

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

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The Plaintiff (handling this case pro se) alleges that the Defendant has infringed the copyrighted work “TIRS” (Transitioning Into Responsible Students), an educational program she claimed to develop while working at Indianapolis Public Schools.

At a whopping 268 pages, the Complaint was too large to post (or read in its entirety). The Plaintiff had previously sued her past employer, Indianapolis Public Schools, under a similar claim, with no success.

Brooks-Ngwenya v. National Heritage Academies Inc

Court Case Number: 1:16-cv-00183-PPS-SLC
File Date: Thursday, May 26, 2016
Plaintiff: Brooks-Ngwenya
Plaintiff Counsel: Pro Se
Defendant: National Heritage Academies Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

[Updated 6/8/2016 with related case]

Brooks-Ngwenya v. Bart Peterson’s The Mind Trust

Court Case Number: 1:16-cv-00183-PPS-SLC
File Date: Monday, June 6, 2016
Plaintiff: Brooks-Ngwenya
Plaintiff Counsel: Pro Se
Defendant: Bart Peterson’s The Mind Trust
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

Today’s Richard Bell copyright targets…community development consulting firm, importer of European vacuum products, hospitality management company

24 Tuesday May 2016

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

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Indy skyline photographer Richard Bell has filed three additional copyright infringement lawsuits, this time against a community development consulting firm, an importer of European vacuum products and a hospitality management company.

Use the “Richard Bell” tag at left to view his other litigation.

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Court Case Number: 1:16-cv-01256-TWP-DML
File Date: Saturday, May 21, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Progressive Urban Management Associates
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Court Case Number: 1:16-cv-01257-WTL-DML
File Date: Saturday, May 21, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Vacuforce, LLC
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Debra McVicker Lynch

Court Case Number: 1:16-cv-01260-WTL-DML
File Date: Monday, May 23, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Alliance Hospitality Management, LLC
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Debra McVicker Lynch

Representative Complaint:

Today’s Richard Bell copyright targets…wholesale insurance brokerage, IT company and judgment enforcement agency

19 Thursday May 2016

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

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Skyline photographer Richard Bell has filed three additional copyright infringement lawsuits, this time against a wholesale insurance brokerage, an IT company and a judgment enforcement agency.

Use the “Richard Bell” tag at left to view his other litigation.

Screen Shot 2016-05-16 at 4.10.54 PM

Court Case Number: 1:16-cv-01211-SEB-DML
File Date: Monday, May 16, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Knapp, Judgment Recovery of Indiana
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Debra McVicker Lynch

Court Case Number: 1:16-cv-01225-WTL-DKL
File Date: Wednesday, May 18, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Future Technology Solutions, LLC
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Denise K. LaRue

Court Case Number: 
File Date: Wednesday, May 18, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: AmWINS Group Inc.
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Larry J. McKinney
Referred To: Mark J. Dinsmore

Representative Complaint:

Bedding companies in neighboring counties both claim BAMBOO LUXURY trademark

17 Tuesday May 2016

Posted by in Branding, Indiana, Indianapolis, Intellectual Property, Litigation, Southern District of Indiana

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Pillow fight! This trademark lawsuit involves the trademark BAMBOO LUXURY in connection with bedding and other household textiles.

bed sheets, bedspreads, bath mats, blankets, comforters, coverlets, curtains, duvets, duvet covers, furniture protectors, mattress pads, pillowcases, pillow shams, quilts, shams, sheets, sheet sets and throws

Plaintiff, located in Steuben County, Indiana, has used its registered trademark BAMBOO LUXURY since April 2015. An intent-to-use application had been filed with the USPTO in June 2014.

Defendant, located in neighboring LaGrange County, Indiana, uses the same trademark in connection with sheets. It is not clear when Defendant began using the trademark, although Plaintiff asserts that it is the senior user.

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Stay tuned for updates. This one could get dirty.

Duke Imports Inc. v. All That Jazz Trading LLC

Court Case Number: 1:16-cv-00160-TLS-SLC
File Date: Monday, May 16, 2016
Plaintiff: Duke Imports Inc.
Plaintiff Counsel: James A. McEntarfer
Defendant: All That Jazz Trading LLC
Cause: Federal Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Complaint: