Category Archives: Northern District of Indiana

Indiana power sport vehicle company sues Canadian competitor over infringing parts

17 Tuesday Apr 2018

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

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The Plaintiff in this lawsuit, ASW, LLC, is a Columbia City, Indiana-based company that designs and sells power sport vehicles and related parts. ASW owns the registered trademarks AMERICAN SPORTWORKS and LANDMASTER.

The Defendant, a Canadian corporation, is alleged to be selling competing products using identical marks from an infringing website, americansportworksparts.com. It’s not clear from the Complaint (below) whether the infringing products are repackaged/refurbished items (which can void a warranty) or just plain ol’ counterfeit goods, although it seems closer to the latter. 

ASW, LLC v. Bisson et al.

Court Case Number: 1:18-cv-00086-TLS-PRC
File Date: Monday, April 9, 2018
Plaintiff: ASW, LLC
Plaintiff Counsel: Linda A. Polley, Charles J. Heiny of Haller & Colvin, P.C.
Defendants: Bisson, 1837967 Alberta Ltd.
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Trademark Dilution, Common Law Trademark Infringement, False Designation of Origin, Common Law Unfair Competition, Common Law Passing Off
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Paul R. Cherry

Complaint:

Vera Bradley sues numerous eBay sellers over counterfeit goods

27 Tuesday Mar 2018

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

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The defendants in this lawsuit are alleged to have sold counterfeit Vera Bradley products on eBay since as early as January 2016.

Vera Bradley Designs, Inc. v. Denny et al.

Court Case Number: 1:18-cv-00070
File Date: Monday, March 26, 2018
Plaintiff: Vera Bradley Designs, Inc.
Plaintiff Counsel: Mark D. Scudder of Barnes & Thornburg LLP, Michael R. Gray of Gray, Plant, Mooty, Mooty & Bennett, P.A.
Defendants: Jennifer Denny, Austin Devin 2 Denny Boys, LLC, Darlene Nicholas, Amanda Whitfield, and Ilene Simpson
Cause: Trademark Infringement, Copyright Infringement, False Designation of Origin, Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Unfair Competition, Unjust Enrichment
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

Complaint:

Copyright lawsuit over movie script removed to Northern District of Indiana

06 Monday Nov 2017

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

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This lawsuit was removed from St. Joseph Circuit Court, Indiana, to the Northern District of Indiana, South Bend Division based on copyright preemption.

The Plaintiff alleges that he sent an original script and revisions to Defendant, which they used to create and sell a motion picture.

Jones v. Brioche and Mayo, LLC

Court Case Number: 3:17-cv-00289
File Date: Friday, November 3, 2017
Plaintiff: William Jones
Plaintiff Counsel: Andrew B. Jones, Margaret Marnocha of Jones Law Office LLC
Defendant: Brioche and Mayo, LLC
Cause: Breach of Contract, Intentional Infliction of Emotional Distress, Unjust Enrichment
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

Notice of Removal:

Project management company files trademark lawsuit against potential scam artists

09 Monday Oct 2017

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

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Plaintiff operates a project management training company called “Project Management Academy.” Plaintiff has used the trademark since 2009 and owns several related federal trademark registrations.

The Defendants are accused of operating a similar company (some call it a scam) using the “Project Management Academy” or “PMA” trademarks.

Educate 360, LLC v. Patchree Patchrint et al.

Court Case Number: 4:17-cv-00078
File Date: Friday, October 6, 2017
Plaintiff: Educate 360, LLC
Plaintiff Counsel: William P. Kelley, David M. Stupich of Stuart & Branigin LLP
Defendant:  Patchree Patchrint a/k/a Patty Jones and Anthony Christopher Jones
Cause: Declaratory Relief, Trademark Infringement, False Designation of Origin, Cybersquatting, Common Law Trademark Infringement, Common Law Passing Off/Unfair Competition
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

Complaint:

Counterfeit gages result in trade dress, trademark litigation

17 Thursday Aug 2017

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

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The Plaintiff, Dwyer Instruments, is a manufacturer of industrial gages and controls headquartered in Michigan City. Plaintiff has used the registered trademark MAGNEHELIC since 1949.

The Defendants, a California manufacturer and Wal-Mart.com which lists the product, are accused of selling counterfeit gages with identical trade dress tp Plaintiff’s gages and a confusingly similar trademark, MAGRFHELIC.

Dwyer Instruments Inc v. Wal-Mart.com USA, LLC et al.

Court Case Number: 3:17-cv-00636-RLM-MGG
File Date: Tuesday, August 15, 2017
Plaintiff: Dwyer Instruments, Inc.
Plaintiff Counsel: Peter J. Shakula of Wood Phillips
Defendant: Wal-Mart.com USA, LLC, Tasharina Corp.
Cause: Federal Trademark Infringement, Trade Dress Infringement, Federal Unfair Competition, False Designation of Origin, False and Misleading Representations, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Michael G. Gotsch, Sr.

Complaint: 

STOP THE DROP: Cell Phone Case vs. Seat Gap Filler…are you confused?

09 Wednesday Aug 2017

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

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This a declaratory judgment action for both non-infringement of trademark and copyright. The declaratory judgment Plaintiff is Loopy, which sells cell phone cases that include a finger grip on the back of the case.  Loopy uses the trademark STOPTHEDROP in association with its cell phone cases, which you can see have a finger loop to prevent drops.

The Defendant, Drop Stop LLC of Los Angeles, California (as seen on Shark Tank), has a U.S. trademark registration for STOP THE DROP in connection with “IC 12 – Automobile interior accessory, namely, durable and flexible wedge, which can be expanded or contracted, to fill gap between front seat and center console of an automobile preventing objects from dropping into gap.” In other words, a seat gap filler.

Drop Stop sent a trademark cease-and-desist letter demanding that Loopy stop all use of STOPTHEDROP. Instead, Loopy has filed the action in the Northern District of Indiana for a declaratory judgment of non-infringement of Drop Stop’s trademark and copyrights. Stay tuned for updates.

While researching, I spotted a few other interesting uses of STOP THE DROP in the USPTO database:

Loopy Cases LLC v. Drop Stop, LLC

Court Case Number: 2:17-cv-00331-JVB-APR
File Date: Friday, August 4, 2017
Plaintiff: Loopy Cases LLC, John Wangercyn
Plaintiff Counsel: Peter J. Shakula of Wood Phillips
Defendant: Drop Stop, LLC
Cause: Declaratory Judgement of Trademark Non-Infringement, Declaratory Judgment of Copyright Non-Infringement
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Andrew P. Rodovich

Complaint: 

North American Van Lines sues North America Prime, trucking competitor started by a former officer

26 Wednesday Jul 2017

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

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The Plaintiff, North American Van Lines, has been providing transportation services since 1969. A former officer of Plaintiff started a competing transportation company called North America Prime Lines. Numerous cease-and-desist communications were sent but the parties weren’t able to resolve their differences.

However, there are numerous negative instances of consumer confusion (a few samples below) so this situation definitely requires resolution.

North America Van Lines, Inc. v. North America Prime Inc. et al.

Court Case Number: 1:17-cv-00298-TLS-PRC
File Date: Friday, July 14. 2017
Plaintiff: North American Van Lines, Inc.
Plaintiff Counsel: Siobhán M. Murphy of Lewis Brisbois Bisgaard & Smith LLP
Defendant: North America Prime Inc., Ean Manning
Cause: Federal Trademark Infringement, Federal Unfair Competition, Anticybersquatting Consumer Protection Act, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Paul R. Cherry

Complaint:

Harry’s Chocolate Shop sues University Spirit over unauthorized apparel sales

10 Monday Jul 2017

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

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Harry’s Chocolate Shop was founded in 1919 as the first and only soda fountain near Purdue University. Today it is a popular restaurant/bar, voted one of the best college bars in America.

Harry’s owns the following registered trademarks: GO UGLY EARLY, DRINK ‘EM PRETTY, DRINK ‘EM CUTE, and HOME OF “THE GREAT INDOORSMAN”.

Defendants operate a nearby retail store named University Spirit. The parties previously had a non-exclusive (oral) license agreement for University Spirit to produce and sell apparel bearing Harry’s trademarks. In 2012, the Defendants stopped making royalty payments and Harry’s brings this action seeking payment of royalties owed and an injunction against further sales.

Harry’s Chocolate Shop Incorporated v. Goldden Corporation et al

Court Case Number: 4:17-cv-000570-JVB-APR
File Date: July 6, 2017
Plaintiff: Harry’s Chocolate Shop Incorporated
Plaintiff Counsel: William A. McKenna of Woodard, Emhardt, Moriarty, McNett & Henry LLP
Defendant: Goldden Corporation, Gary E. Edmondson
Cause: Breach of Contract, Trademark Infringement and Counterfeiting, False and Deceptive Labeling, Unfair Competition
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Andrew P. Rodovich

Complaint:

Jayco sues unauthorized dealer of ENTEGRA COACH motorhomes

19 Monday Jun 2017

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

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Plaintiff is an RV manufacturer based in Middlebury, Indiana. Defendants are accused of “flagrantly” using Plaintiff’s ENTEGRA COACH registered trademark in Texas. The Complaint (below) details a scheme by which an unauthorized dealer was surreptitiously arranging for sales of Plaintiff’s motorhomes. Plaintiff brought this lawsuit seeking an injunction against further sales to protect the contracted rights of its authorized dealers.

Jayco, Inc.v. National Indoor RV Centers, LLC

Court Case Number: 3:17-cv-00458-RLM-MGG
File Date: Tuesday, June 13, 2017
Plaintiff: Jayco, Inc.
Plaintiff Counsel: Louis S. Chronowski of Seyfarth Shaw LLP
Defendant: National Indoor RV Centers, LLC
Cause: Federal Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Common Law Trademark Infringement, Texas Unfair Competition, Breach of Contract
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Michael G. Gotsch, Sr.

Complaint:

Garden Flag Manufacturer sues Former Reseller for Trademark Infringement, Cybersquatting

04 Thursday May 2017

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

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This lawsuit involves a garden flag manufacturer and a former reseller that continued selling product without authorization, as well as registering various infringing domain names. The Defendants’ bad faith use of the domain names has already been deterring by a WIPO proceeding.

Toland Home Garden v. PH Technologies et al.

Court Case Number: 3:17-cv-00336-PPS-MGG
File Date: Tuesday, May 2, 2017
Plaintiff: Toland International Ltd. and Marketing Resource Group, Inc. d/b/a Toland Home Garden
Plaintiff Counsel: Todd Gale, Jennifer Fraser of Dykema Gossett PLLC
Defendant: PH Technologies, LLC, Philip S. Horvath
Cause: Federal Trademark Infringement, False Designation of Origin, False Advertising, Unfair Competition, Federal Cybersquatting, Trademark Dilution, Injury to Business Reputation, Common Law Unfair Competition, Common Law Unjust Enrichment
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Michael G. Gotsch, Sr.

Complaint: