Category Archives: Indiana

Indiana Trademark Litigation Update – Indiana Botanic Gardens v. Vitalmax Vitamins

21 Monday Dec 2015

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

≈ Leave a comment

Tags

, , , ,

This trademark dispute involves the ACCU HEAR and ACCU-HEAR trademarks, both used in connection with nutritional supplements.

Screenshot from Complaint

Indiana Botanic Gardens, Inc. v. Almark Products, Inc d/b/a Vitalmax Vitamins

Court Case Number: 2:15-cv-00457-JVB-APR
File Date: Friday, December 18, 2015
Plaintiff: Indiana Botanic Gardens, Inc.
Plaintiff Counsel: David C. Brezina, Boris Umansky of Ladas & Parry LLP
Defendant: Almark Products, Inc d/b/a Vitalmax Vitamins
Cause: Federal Trademark Infringement, Federal Unfair Competition
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Andrew P. Rodovich

Complaint:

Indiana Trade Dress Litigation Update – Forest River v. Winnebago Industries

19 Saturday Dec 2015

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

≈ Leave a comment

Tags

, , , , , , , , ,

This lawsuit involves the popular RPOD travel trailer, sold by Plaintiff since 2009, and an allegedly infringing DROP trailer, sold by Defendant since September 2015.

It will be interesting to see what trade dress rights can be protected for a small travel trailer. Importantly, trade dress cannot be functional. Specifically, the Complaint references “the exterior shape, the total visual image, the interior layout, interior fabric patterns and colors, and model numbers.”

RPOD Complaint Comparison

Forest River Inc v. Winnebago Industries Inc et al

Court Case Number: 3:15-cv-00609-RLM-CAN
File Date: Friday, December 18, 2015
Plaintiff: Forest River, Inc.
Plaintiff Counsel: Jonathan P. Froemel, Georgina D. Jenkins of Barnes & Thornburg LLP
Defendant: Winnebago Industries, Inc., Winnebago of Indiana, LLC
Cause: Federal Trademark Infringement, Federal Trade Dress Infringement, Federal Unfair Competition, False Designation of Origin, False and Misleading Representations, Common Law Trademark Infringement, Common Law Trade Dress Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

Indiana Copyright Litigation Update – Brick Shirt House v. Indiana On Tap

07 Monday Dec 2015

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

≈ Leave a comment

Tags

, , ,

The Brick Shirt House, LLC v. Indiana On Tap, LLC

Court Case Number: 1:15-cv-01919-TWP-DKL
File Date: Friday, December 4, 2015
Plaintiff: The Brick Shirt House, LLC
Plaintiff Counsel: Andrea Lynn Ciobanu, Alex Maurice Beeman of Ciobanu Law
Defendant: Indiana On Tap, LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Complaint:

Brick Shirt HouseOld Indiana On Tap Logo

Indiana Trademark Litigation Update – Horn v. Wilson

10 Tuesday Nov 2015

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

≈ Leave a comment

Tags

, , , , , , ,

Plaintiff, the Shipshewana Spice Company, has sold quality spices under the trademark “HAPPY SALT” since 1994. Defendant allegedly operates a website selling knockoff spices.

The product comparison image from the Complaint (full text below) seems like a slam dunk for the Plaintiff. Similar product name, company name (Shipshewana Spice Company vs. Shipshewana Best Spice Company…that’s just mean), packaging, etc. It’s pretty bad.

Screen Shot 2015-11-10 at 9.10.14 AM

One important question is how has Plaintiff let this go on since January 2013? The public health and safety considerations alone of having counterfeit spices on the market would seem to beg for injunctive relief. Waiting too long to take action on a trademark claim can invite concurrent use arguments or, worse, a laches defense.

Stay tuned for updates.

Kevin Horn v. Bob Wilson

Court Case Number: 3:15-cv-00524-JVB-CAN
File Date: Friday, November 6, 2015
Plaintiff: Kevin Horn
Plaintiff Counsel: Michael D. Marston, Garrick T. Lankford of Botkin & Hall LLP
Defendant: Bob Wilson
Cause: Trademark Infringement, Trademark Counterfeiting, False Description, Trademark Dilution, Unfair Competition
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

Indiana Trademark Litigation Update – Hartfield Company v. Jeffrey Hartfield

08 Thursday Oct 2015

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

≈ Leave a comment

Tags

, , , ,

After 35 years of working for the company bearing his father’s name, son sought to go out on his own. With 35 years of experience in one industry, he of course decided to start a similar company. But could he start a company also bearing his own (and his father’s) last name? Not if the new owner of daddy’s company has anything to say about it.

Trademark and surnames are often problematic. Here’s some basic info to consider as you analyze the Complaint:

Screen Shot 2015-10-07 at 9.39.13 AM

Think HARTFIELD?

Hartfield Company Inc. et al v. Jeffrey Hartfield et al

Court Case Number: 4:15-cv-00143-SEB-WGH
File Date: Monday, October 5, 2015
Plaintiff: Hartfield Company Inc., National Financial Partners Corp.
Plaintiff Counsel: Kendall Millard of Barnes & Thornburg LLP
Defendant: Jeffrey Hatfield, Hartfield Solutions LLC
Cause: Federal Unfair Competition and False Designation of Origin, Common Law Unfair Competition and Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr.

Complaint: