Category Archives: Litigation

Kingston, Indiana Grocery Store sued for Trademark Infringement

09 Friday Aug 2024

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

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In addition to using an identical name, the defendant in the latest Indiana trademark lawsuit is accused of submitting a fraudulent letter to the Indiana Secretary of State claiming permission to use the name. The Kingston, Indiana grocery store is allegedly operating as “My Market” without the authorization of the plaintiff, who has prior rights in the name.

The plaintiff and defendants likely have some personal background that isn’t discussed in the Complaint (below). If so, the Answer may shed more light on why the defendant thought it had permission to use the name “My Market.”

Stay tuned for updates.

My Market LLC v. Batth Markets Inc. et al.

Court Case Number: 1:24-cv-01335-MPB-MJD
File Date: August 6, 2024
Plaintiff: My Market LLC
Plaintiff Counsel: C. Christopher Dubes, Amanda C. Delekta of Carson LLP
Defendant: Batth Markets Inc., Chhaterpal Singh
Cause: Federal Trademark Infringement, False Designation of Origin, Trademark Dilution, Federal Unfair Competition, Conversion
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Mark J. Dinsmore

Complaint:

HIKER vs. HYK OUTDOORS…are you confused?

08 Thursday Aug 2024

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

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Both parties in this new Indiana trademark lawsuit manufacture “pull-behind” camper trailers. The plaintiff, Hiker Trailers of Columbus, Indiana, has sold trailers using the HIKER TRAILER brand since 2004.

The defendant, Hyk Outdoors, is a Missouri company that has been selling towable camping trailers since 2020.

The goods seem very similar, and presumably so are the parties’ respective consumers. The parties likely have or will promote their trailers at the same trade shows. Ultimately, it will need to be determined whether the trademarks HIKER and HYK OUTDOORS are confusingly similar. Although no specific instances of confusion are cited, the Complaint (below) alleges an admission of repeated consumer confusion by an employee of the defendant.

Stay tuned for updates.

Hiker Industries, LLC v. Hyk Outdoors LLC

Court Case Number: 1:24-cv-01320-RLY-MJD
File Date: August 5, 2024
Plaintiff: Hiker Industries, LLC
Plaintiff Counsel: James M. Hinshaw, Brad R. Maurer of Dentons Bingham Greenebaum LLP
Defendant: Hyk Outdoors LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin or Sponsorship, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint:

Fishers Sauna Company sued over Towel Rack Photograph

24 Wednesday Jul 2024

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

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A Fishers, Indiana-based sauna company has been sued for the unauthorized use of a towel rack photograph on their website. Unlike many of these photography copyright lawsuits, the defendant did not immediately settle and has filed its Answer (below). The parties have begun the initial phases of discovery, having already submitted initial disclosures and filed their witness and exhibit lists.

Stay tuned for updates.

Howarth v. My Sauna World LLC

Court Case Number: 1:24-cv-00734-MPB-KMB
File Date: April 29, 2024
Plaintiff: Morgan Howarth
Plaintiff Counsel: Craig Sanders of Sanders Law Group
Defendant: My Sauna World LLC
Cause: Direct Copyright Infringement
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Kellie M. Barr

Complaint:

Answer:

Angi (formerly Angie’s List) sued for Copyright Infringement over Instagram Posts

22 Monday Jul 2024

Posted by in Copyright, Indiana, Intellectual Property, Litigation

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The photographs that are the subject of this new Indiana copyright lawsuit were commercially licensed to @caroline.andreon on Instagram for the purpose of display and/or public distribution. Angi (formerly Angie’s List), an Indianapolis-based website providing home contractor information (roofers, plumbers, electricians, etc.), reposted the photographs on its own @Angi Instagram account, crediting the @caroline.andreon account. However, Angi did not seek permission from the actual owner of the photographs, a photographer from Paris, France. In reposting the photographs, Angi allegedly also removed a gutter credit attributing @julien_pepy_photographe as the author of the work, inviting an additional claim of Removal and Alteration of Copyright Management Information.

These photography copyright lawsuits typically settle quickly but sometimes the defendant has a good explanation for their use of the photograph(s). Stay tuned to see which direction this lawsuit will take.

Pepy v. Angie’s Lists, Inc. d/b/a Angi

Court Case Number: 1:24-cv-01209-SEB-MJD
File Date: July 18, 2024
Plaintiff: Julien Pepy
Plaintiff Counsel: Craig B. Sanders of Sanders Law Group
Defendant: Angie’s List, Inc. d/b/a Angi
Cause: Direct Copyright Infringement, Removal and Alteration of Copyright Management Information
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Mark J. Dinsmore

Complaint:

Atlas Van Lines sues Atlas Mover Group for Trademark Infringement, Unfair Competition

18 Thursday Jul 2024

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

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Atlas Van Lines of Evansville, Indiana, has 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.

A pair of Georgia companies have apparently begun offering moving services under the fictitious business name “Atlas Mover Group,” allegedly constituting trademark infringement and unfair competition.

A cease-and-desist letter was sent to the Georgia companies in February and Atlas Van Lines now seeks court intervention in the Southern District of Indiana.

Stay tuned for updates.

AWGI, LLC et al. v. Atlas Mover Group LLC et al.

Court Case Number: 3:24-cv-00116-MPB-CSW
File Date: July 15, 2024
Plaintiff: AWGI, LLC, Atlas Van Lines, Inc.
Plaintiff Counsel: Mark F. Warzecha, Esq. of Widerman Malek, PL
Defendant: Atlas Mover Group LLC, United Best Moving LLC
Cause: Federal Trademark Infringement, Common Law Unfair Competition, Violation of the Federal Anticybersquatting Consumer Protection Act
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Crystal S. Wildeman

Complaint: