Category Archives: Litigation

Ligonier Perfumery sues Amazon over Persistent Counterfeiting

21 Friday Jan 2022

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

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Update 1/28/22: The case has been transferred to the Fort Wayne division and assigned a new case number.

The Plaintiffs in this trademark lawsuit are a “seventy year old grandmother” and her corporation, Annie Oakley Enterprises, Inc, a Ligonier, Indiana-based company which manufactures and sells health and beauty products like perfumes, essential oils, and lotions (“Annie Oakley”).

Along with 50 John Does selling counterfeit products on the Amazon online marketplace, Annie Oakley is suing Amazon for trademark infringement, false designation, and unfair competition. Amazon is apparently the first and only U.S. company on the U.S. Trade Representative’s “Notorious Market List,” a list of the worst online markets based on counterfeit product sales, copyright piracy, and trademark infringement.

The Complaint (below) details a long history of Annie Oakley attempting to deal with counterfeit products sold on Amazon, with little or no recourse from Amazon. The inferior counterfeit products have resulted in numerous consumer complaints from customers not aware they were buying counterfeits.

This David v. Goliath story will be interesting to follow. Can a small-town Indiana grandmother force the world’s most valuable public company to seriously address recurring intellectual property violations? Or will Amazon simply see a lawsuit like this as a “cost of doing business” and continue to allow counterfeits in their marketplace? Stay tuned for updates.

Gabet et al. v. Amazon.com, Inc. et al.

Case Number: 1:22-cv-00035-HAB-SLC
File Date: January 20, 2022
Plaintiff: Renee Gabet, Annie Oakley Enterprises, Inc.
Plaintiff Counsel: Paul B. Overhauser of Overhauser Law Offices, LLC
Defendant: Amazon.com, Inc., John Does 1-50
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition
Court: Northern District of Indiana
Judge: Holly A. Brady
Referred To: Susan L. Collins

Complaint:

Fishers Landscape Design Company sued over Bocce Ball Court Photograph

18 Tuesday Jan 2022

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

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Here’s yet another copyright lawsuit involving the unauthorized use of a photograph on a website.

The Defendant, Vive Exterior Design, is a landscape design company headquartered in Fishers, Indiana. Vive is alleged to have used the Plaintiff’s photograph of a bocce ball court in the portfolio section of its website, www.viveexterior.com. The Plaintiff first sought to recover a standard license fee for use of the photograph via an intellectual property management company called Image Rights. When Image Rights was unsuccessful, Plaintiff’s counsel became involved but apparently never received a response from Vive. As such, Vive now has a federal copyright lawsuit to defend.

Settlement is the most likely outcome, but perhaps Vive has a valid defense for using the Plaintiff’s photograph. Stay tuned for updates.

Corson v. Vive Exterior Design, LLC et al

Case Number: 1:22-cv-00127-RLY-MG
File Date: January 17, 2022
Plaintiff: Lisa Corson
Plaintiff Counsel: Mathew K. Higbee, Naomi M. Sarega of Higbee & Associates
Defendant: Vive Exterior Design, LLC, Does 1-10
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mario Garcia

Complaint:

Mid-January 2022 Indiana Intellectual Property Litigation Update

14 Friday Jan 2022

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

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Happy New Year. The last month was quiet for trademark and copyright litigation in Indiana, with only two new filings and numerous deadline extensions. However, there were a few interesting filings in ongoing cases. Noble Roman’s has filed a lengthy Response and Reply. Delta continues to pursue a Default Judgment against an online counterfeiter that continues to operate. The Triple LLL trademark lawsuit was settled with a Consent Judgment. Read on below and stay tuned for updates.

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – On January 6, 2022, Noble Roman’s filed its Response in Opposition to Cross-Motion for Summary Judgment and Reply in Support of Summary Judgment on Abuse of Process Counterclaim.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – On December 14, 2021, Delta submitted a Status Update regarding their Motion for Default Judgment. There is still no ruling.

Triple LLL Truck Repair, Inc. v. Triple LLL, Inc. et al. (ND, filed 4/26/2021) – The parties filed a Consent Judgment on December 17, 2021 and the lawsuit was dismissed on December 21, 2021.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, Inc. et al. (SD, filed 6/4/2021) – The parties’ discovery deadline has been extended via joint motion until March 18, 2022.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – The parties’ discovery deadlines have been extended via motion.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – No update this month.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – No update this month.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – The Plaintiffs’ discovery deadline has been extended to February 9, 2022.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The parties now have a deadline of January 31, 2022 to name a mediator.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – Notice of settlement was filed by the Court and the parties have until July 1, 2022 to file dismissal documents.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The Defendants filed an Answer on January 3, 2022. Defendants are represented by J. Richard Moore of Bleeke Dillon Crandall, P.C.

Indiana University Health, Inc et al. v. Thomas A. Brady Sports Medicine Center, P.C. (SD, filed 11/1/2021) – No update this month.

Alcorn v. COTR, LLC (SD, filed 11/22/2021) – An Initial Pretrial Conference is scheduled on February 8, 2022.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – No update yet.

AWGI LLC et al. v. Doe (SD, filed 1/7/2022) – No update yet.

December 2021 Updates

Atlas Van Lines sues Atlas Logistic Courier for Trademark Infringement, Unfair Competition

10 Monday Jan 2022

Posted by in Indiana, Intellectual Property, Litigation, Trademark

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January’s first Indiana intellectual property lawsuit involves Atlas Van Lines seeking to again protect its famous “Atlas” brand.

The Plaintiffs, based in Evansville, Indiana, have been transporting goods under the name “Atlas” since 1948. The Atlas family of companies includes more than 430 independent Atlas agencies across the U.S. and Canada, plus authorized partners in 140 countries. 

The Defendant is alleged to have offered freight transport, storage, warehousing, logistics and forwarding services under the fictitious business name “Atlas Logistic Courier.” However, due to various acts of subterfuge, the Plaintiffs have been unable to determine the true identity of the Defendant, thus initially filing against a John Doe. This case will be interesting to follow to see how the Plaintiffs try to figure out the Defendant’s identity.

The Defendant’s website, http://www.atlaslogisticcourier.com, is down as of January 10, so they may already have made the decision to give up and likely disappear.

Stay tuned for updates.

AWGI LLC et al. v. Doe

Case Number: 3:22-cv-00004-RLY-MPB
File Date: January 7, 2022
Plaintiff: AWGI LLC, Atlas Van Lines, Inc.
Plaintiff Counsel: Mark F. Warzecha, Esq. of Widerman Malek, PL
Defendant: John Doe d/b/a Atlas Logistic Courier
Cause: Federal Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

Indianapolis Mexican Restaurant sued for Piracy over 2018 Alvarez v. Fielding Boxing Match

16 Thursday Dec 2021

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

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Here’s more support for a copyright small claims court. Indianapolis-based Mexican restaurant La Jalisco is being sued for copyright infringement and piracy after allegedly showing (without authorization, obviously) a Canelo Alvarez vs. Rocky Fielding boxing match in their west-side restaurant on December 15, 2018.

For non-boxing fans, Alvarez is currently ESPN.com’s #1 “Pound-for-Pound” boxer (for comparison, the legendary “Gypsy King” Tyson Fury ranks #5). So, while 3 years ago, it was a big Saturday night fight.

Consider what a restaurant has to pay to properly show a fight. A few hundred dollars at most, probably closer to one hundred, and definitely less than the $600 filing fee for a federal lawsuit. Certainly less than the $150,000 statutory damages sought by the plaintiff. The Complaint (below) doesn’t reference any settlement communications between the parties, but you have to think that the defendants were given an opportunity to settle by paying a reasonable license fee at one point.

On the other hand, if La Jalisco didn’t show the fight, they didn’t show the fight. There are usually two sides to every story, so stay tuned for the Defendants’ response.

Innovative Sports Management Inc. v. La Jalisco LLP

Case Number: 1:21-cv-03040-TWP-MG
File Date: Wednesday, December 15, 2021
Plaintiff: Innovative Sports Management Inc., d/b/a Integrated Sports Media
Plaintiff Counsel: Ryan R. Janis of Jekielek & Janis LLP
Defendant: La Jalisco LLP d/b/a Taqueria Jalisco a/k/a Jalisco Restaurant Bar, Joan Brito, Victoria A. Morales
Cause: Satellite and Cable Piracy, Copyright Infringement
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Mario Garcia

Complaint: