Category Archives: Litigation

Coach sues Knox, Indiana Convenience Store over Counterfeit Purses

05 Tuesday Apr 2016

Posted by in Branding, Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trade Dress, Trademark

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The Defendants in this lawsuit, the owners of a convenience store located in Knox, Indiana, are accused of selling counterfeit Coach merchandise. The counterfeit purses were observed for sale in the store on multiple occasions by a Coach investigator and Homeland Security Investigations officer.

Selling counterfeit merchandise is, not surprisingly, a big no-no and Coach takes its intellectual property very seriously, hence this lawsuit containing trademark, copyright and trade dress claims.

Stay tuned for updates.

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Coach, Inc. et al v. Zip Thru Mart et al

Court Case Number: 3:2016-cv-00209-JD-CAN
File Date: Monday, April 4, 2016
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: P. Russell Pardew of Locke Lord LLP
Defendant: Zip Thru Mart, Charles Estok, Sr., Janice Estok
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin, False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Christopher A. Nuechterlein

Complaint:

Narconon Rehab Centers sued by Certification Board for Trademark Infringement and Civil Conspiracy

28 Monday Mar 2016

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

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Plaintiff, the National Association of Forensic Counselors, is a Certification Board providing nationally accredited certifications for professionals working with criminal offenders in the fields of criminal justice, corrections, addictions and mental health.

Defendants (a long list, including numerous Narconon rehab centers and the Church of Scientology, is listed in the Complaint below) are alleged to have falsely claimed certification by Plaintiff. The Complaint includes a “Civil Conspiracy” claim, alleging that there was a common plan by all Defendants to intentionally falsely claim the certifications.

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National Association of Forensic Counselors, Inc. et al v. Narconon International et al

Court Case Number: 1:16-cv-00101-JD-SLC
File Date: Thursday, March 24, 2016
Plaintiff: National Association of Forensic Counselors, Inc., American Academy of Certified Forensic Counselors Inc. d/b/a American College of Certified Forensic Counselors
Plaintiff Counsel: Jessica Wegg of Saeed & Little, LLP
Defendant: Narconon International et al (see Complaint for full list of Defendants)
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Civil Conspiracy
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Susan L. Collins

Complaint:

The Great American Bagel files Trademark Lawsuit over Rearranged Signage

25 Friday Mar 2016

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

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I’ll let the two trademarks at issue here speak for themselves – THE GREAT AMERICAN BAGEL (stylized) vs. THE GREAT AMERICAN EAGLE (nearly identically stylized). Check out the comparison images from the Complaint:

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The remarkable similarity is, not surprisingly, no coincidence. Defendant obtained an old sign previously used by Plaintiff and apparently opted to save money by just rearranging a few letters and calling his gas station/convenience store “The Great American Eagle”.

As Defendants’ convenience store sells food products, Plaintiff has alleged consumer confusion and is seeking damages and injunctive relief.

Stay tuned for updates.

The Great American Bagel Enterprises, Inc. v. United HBA Corporation et al

Court Case Number:3:16-cv-00038-RLY-MPB
File Date: Thursday, March 24, 2016
Plaintiff: The Great American Bagel Enterprises Inc.
Plaintiff Counsel: Stacy K. Newton of Jackson Kelly PLLC
Defendant: United HBA Corporation and Harbhajan Singh, d/b/a The Great American Eagle
Cause: Federal Trademark Infringement, False Designation of Origin, False Advertising, Unfair Competition, Trade Name Infringement, Passing Off, Unjust Enrichment
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Bookman

Complaint:

Can “SQUARE DONUTS” be a trademark for square-shaped donuts?

24 Thursday Mar 2016

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

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I donut know. But this lawsuit should give us the answer.

First off, I like when complaints have a nice succinct Nature of the Action section at the beginning. This one sums up the lawsuit well:

“Family Express seeks a declaration that its use of the name “SQUARE DONUTS” in association with its sale of square-shaped donuts at Family Express convenience stores does not infringe Defendant’s asserted trademark rights in “SQUARE DONUTS.”

There is some background. Square Donuts has been selling donuts of all shapes and sizes, including square-shaped, in central Indiana since 1965.

Family Express, a purveyor of convenience stores throughout northern Indiana, started selling square-shaped donuts in 2005, calling them, simply enough, “Square Donuts.”

The parties have been arguing since 2006 when Square Donuts first sent a cease and desist demand to Family Express over the use of the “Square Donuts” trademark. Since that time, Family Express has maintained that “SQUARE DONUTS” was merely descriptive of square-shaped donuts and, therefore, Square Donuts did not and could not assert exclusive rights to use the name “SQUARE DONUTS.”

Apparently 10 years of arguing was the limit for Family Express (and they really don’t want to give their donuts another name, like “Square Doughnuts”), thus leading to this action seeking a declaratory judgment of non-infringement and cancellation of Square Donuts’ federal and state trademark registrations.

Both parties will want a final resolution so this litigation could go the distance. Stay tuned for updates.

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Family Express Corporation v. Square Donuts Inc.

Court Case Number: 2:16-cv-00103-TLS-JEM
File Date: Wednesday, March 23, 2016
Plaintiff: Family Express Corporation
Plaintiff Counsel: P. Stephen Fardy, Jonna McGinley Reilly of Swanson, Martin & Bell, LLP
Defendant: Square Donuts Inc.
Cause: Declaration of Non-Infringement, Cancellation
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: John E. Martin

Complaint:

Indiana Copyright Litigation Update – Sweetwater Sound v. Hello Music

22 Tuesday Mar 2016

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

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Plaintiff, an Indiana music instrument and audio equipment retailer, alleges that Defendant developed and published a website utilizing content from Plaintiff’s site (product images, descriptions, etc.).

The Complaint includes claims of both copyright and trademark infringement.

Sweetwater Sound Inc v. Hello Music LLC

Court Case Number: 1:2016-cv-00093
File Date: Friday, March 18, 2016
Plaintiff: Sweetwater Sound Inc.
Plaintiff Counsel: J. Blake Hike, Jacque R. Wilson, Eric M. Blume of Carson Boxberger LLP
Defendant: Hello Music, LLC
Cause: Copyright Infringement, Trademark Infringement, False Designation of Origin, Trademark Dilution, Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Complaint: