Category Archives: Litigation

Indiana Trademark Litigation Update – Allison Transmission v. Harlan Global Manufacturing

01 Thursday Jul 2010

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

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The complaint alleges that Harlan Global is putting old Allison transmissions into new tractors and selling the tractors around the world as having new components.  Harlan’s advertisements allegedly do not inform the purchasing public that the tractors manufactured and sold by Harlan include previously used components obtained from a source other than the original manufacturer (Allison) or an authorized remanufacturer. Allison has received complaints from consumers.

Allison Transmission, Inc. v. Harlan Global Manufacturing LLC

Court Case Number: 1:10-cv-00789-SEB-TAB
File Date: Monday, June 21, 2010
Plaintiff: Allison Transmission, Inc.
Plaintiff Counsel: Mary J. Frisby of Barnes & Thornburg
Defendant: Harlan Global Manufacturing LLC
Cause: Federal Trademark Infringement Under The Lanham Act, False Designation of Origin/False Advertising Under the Lanham Act, Counterfeiting Under the Lanham Act, Dilution, Unfair Competition Under Indiana Common Law, Common Law Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – North American Van Lines files 3 suits in Northern District of Indiana

30 Wednesday Jun 2010

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

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North American Van Lines (“NAVL”) apparently has a few trademark licensees who haven’t been making their license payments and yet refuse to stop using NAVL’s marks. 3 lawsuits have been filed recently in the Northern District by NAVL to enforce their rights (and collect some cash). For a copy of either complaint, please leave a comment.

North American Van Lines Inc. v. Firebird Moving & Storage Inc.

Court Case Number: 1:10-cv-00199-JVB-RBC
File Date: Monday, June 21, 2010
Plaintiff: North American Van Lines Inc.
Plaintiff Counsel: David K. Hawk, Michael D. Hawk of Hawk Haynie Kammeyer & Chickedantz LLP
Defendant: Firebird Moving & Storage Inc.
Cause: Breach of Contract, Trademark Infringement, False Designation of Origin and Unfair Competition, Trademark Dilution, Unfair Competition
Court: Indiana Northern District Court
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Roger B. Cosbey

North American Van Lines Inc. v. Wayne Moving & Storage Co Inc

Court Case Number: 1:10-cv-00200-JD-RBC
File Date: Friday, June 18, 2010
Plaintiff: North American Van Lines Inc.
Plaintiff Counsel: David K. Hawk, Michael D. Hawk of Hawk Haynie Kammeyer & Chickedantz LLP
Defendant: Wayne Moving & Storage Co Inc.
Cause: Breach of Contract, Trademark Infringement, False Designation of Origin and Unfair Competition, Trademark Dilution, Unfair Competition
Court: Indiana Northern District Court
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Roger B. Cosbey

North American Van Lines Inc. v. C&D Moving & Storage Co.

Court Case Number: 1:10-cv-00198-TLS-RBC
File Date: Friday, June 18, 2010
Plaintiff: North American Van Lines Inc.
Plaintiff Counsel: David K. Hawk, Michael D. Hawk of Hawk Haynie Kammeyer & Chickedantz LLP
Defendant: C & D Moving & Storage Co.
Cause: Breach of Contract, Trademark Infringement, False Designation of Origin and Unfair Competition, Trademark Dilution, Unfair Competition
Court: Indiana Northern District Court
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Roger B. Cosbey

Hon. Tanya Walton Pratt sworn in as District Judge for Southern District of Indiana

29 Tuesday Jun 2010

Posted by in Indiana, Litigation, Southern District of Indiana

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PRESS RELEASE

The United States District Court for the Southern District of Indiana is pleased to announce that on June 25, 2010, the Honorable Tanya Walton Pratt took the oath to become a United States District Judge. Chief Judge Richard L. Young administered the oath at the Birch Bayh Federal Building and United States Courthouse in Indianapolis. Judge Pratt’s family, friends, and numerous court staff filled the courtroom to witness the historic event.

Judge Pratt is the first African-American to be appointed to the U. S. District Court for the Southern District of Indiana and the first African-American federal judge in the state of Indiana. President Obama nominated Judge Pratt on January 20, 2010, and the Senate, by a vote of 95-0, confirmed her on June 15, 2010. President Obama signed her commission the same day. She fills the vacancy created by the elevation of Judge David F. Hamilton to the United States Court of Appeals for the Seventh Circuit.

From 2008 until her appointment to the District Court, Judge Pratt served as a judge in the probate division of the Marion Superior Court. From 1997 to 2008, she was a judge in that court’s criminal division, where she handled major felony cases.

Before becoming a Superior Court judge, she was active in private practice with the firm of Walton & Pratt, focusing primarily on family law, bankruptcy, and probate law. Judge Pratt was also a contract county public defender during her years of private practice.

Judge Pratt is active in the Indianapolis and Marion County bar associations and in 2005 was Chief Justice Randall Shepard’s appointee on the Indiana Sentencing Policy Study Commission. She was a member of the Marion Superior Court’s Executive Committee and Chair of the Dr. Martin Luther King Holiday Commission in Indiana from 2001 to 2007.

Judge Pratt received her B. A. from Spelman College in 1981 and her J. D. from Howard University School of Law in 1984.

Welcome Judge Pratt!

Indiana Trademark Litigation Update – Coach Inc. v. Tom’s Treasure Chest

29 Tuesday Jun 2010

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

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Coach, Inc. et al v. Tom’s Treasure Chest

Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Gary, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.

Related case: Coach, Inc. et al v. Diggz Clothing LLC et al

Related case: Coach, Inc. et al v. TJ’s Handbags

Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al

Court Case Number: 2:10-cv-00243-PPS-PRC

File Date: Thursday, June 17, 2010

Plaintiff: Coach Inc., Coach Services Inc.

Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP

Defendant: Tom’s Treasure Chest

Cause(s): Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery under Ind. Code 35-43-5-2(b), Counterfeiting under Ind. Code 35-43-5-2(a)

Court: Indiana Northern District Court

Judge: Chief Judge Philip P. Simon

Referred To: Magistrate Judge Paul R. Cherry

Bilski Patent Decision Affirmed by Supreme Court

29 Tuesday Jun 2010

Posted by in Intellectual Property, Litigation, Patent, Supreme Court

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The much-awaited Bilski decision was handed down by the Supreme Court yesterday.

The Court holds: the specific invention in this case, a method of predicting business or economic cycles, was ineligible for a patent. In discussing the proper test for patentability, the Court says the “machine or transformation” test may be a useful and important investigative tool, but it is not the sole test for determining whether a “process invention” is patentable. The Kennedy opinion for the majority is not supported in all respects by those who join in part.

The NY Times comments: “there was a clear message for patent trolls, patent brokers and licensing companies, patent lawyers and lobbyists: Play on!”

Full decision here (.pdf)