Category Archives: Northern District of Indiana

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

≈ Leave a comment

Tags

, , , , ,

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

≈ Leave a comment

Tags

, , , , , , , , ,

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

≈ Leave a comment

Tags

, , , , , , , , , ,

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: 

 

Super 8 sues Past Franchisee for Violation of Franchise Agreement, Unauthorized Transfer of Hotel

27 Tuesday Dec 2016

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

≈ Leave a comment

Tags

, , , , , , , , , , , , , ,

The Defendants in this lawsuit are alleged to have transferred possession of their “Super 8”-franchised hotel (located in Auburn, Indiana) in violation of the terms of their Franchise Agreement.

The new owner, also named as a defendant, has continued to use Plaintiff’s trademarks despite termination of the Franchise Agreement in July 2014.

As is customary for franchise violations, a lawsuit often must be filed to protect not only the Plaintiff and its trademarks, but also the rights of the rest of its valid franchisees. Allowing unauthorized franchises to exist without repercussions can undermine the rights of valid paying franchise holders.

screen-shot-2016-12-27-at-8-11-24-am

Super 8 Worldwide Inc. v. Auburn Lodging Associates LLP et al

Court Case Number: 1:16-cv-00435-PPS-SLC
File Date: Thursday, December 22, 2016
Plaintiff: Super 8 Worldwide Inc.
Plaintiff Counsel: Richard M. Blaiklock, Charles R. Whybrew of Lewis Wagner, LLP
Defendant: Auburn Lodging Associates, LLP, Kokila Patel, Dilip Patel, Chicago Capital Holdings, LLC
Cause: Trademark Infringement (Service Mark Infringement), False Designation of Origin, Counterfeiting, Indiana State Trademark Infringement, Indiana State Unfair Competition, Accounting, Liquidated Damages, Actual Damages, Recurring Fees, Unjust Enrichment, Guarantors’ Liability, Self-Help
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

Complaint:

Artist sues Boat Dealer over Breach of License

12 Monday Sep 2016

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

≈ Leave a comment

Tags

, , , , , , ,

Pursuant to an agreement, Plaintiff created and applied artwork to a limited number of Defendant’s boats.

Defendant is alleged to have continued selling boats with substantially similar artwork outside the terms of the original license.

The Art of Design, Inc. v. Pontoon Boat, LLC et al

Court Case Number: 3:16-cv-00595-JVB-JEM
File Date: Tuesday, September 6, 2016
Plaintiff: The Art Of Design, Inc.
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Pontoon Boat, LLC d/b/a Bennington and Bennington Marine, Hawkeye Boat Sales
Cause: Breach of Contract, Unjust Enrichment, Copyright Infringement, Unfair Competition, Inducing Copyright Infringement, Violations of DMCA
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: John E. Martin

Complaint:

Exhibit A:

screen-shot-2016-09-12-at-12-14-38-pm

ZIG-ZAG looks to smoke out counterfeiters in Indiana

18 Thursday Aug 2016

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

≈ Leave a comment

Tags

, , , , , , , ,

This is an anti-counterfeiting action against an extensive list of defendants who allegedly manufacture, import and sell counterfeit versions of Plaintiff’s ZIG-ZAG cigarette papers in Indiana.

As expected, the counterfeit products are “inferior, cheaper versions sold without any known quality control or authorization.”

Stopping counterfeiters is a difficult task and, as seen here, must often be done on a state-by-state basis.

Screen Shot 2016-08-24 at 7.02.35 AM

North Atlantic Operating Company, Inc. et al v. KPC Distributor Inc. et al

Court Case Number: 1:16-cv-00307-PPS-SLC
File Date: Wednesday, August 17, 2016
Plaintiff: North Atlantic Operating Company, Inc.; National Tobacco Company, L.P.
Plaintiff Counsel: Gregory W. Pottorff, Adam Arceneaux of Ice Miller
Defendant: KPC Distributor Inc. et al.
Cause: Federal Trademark Infringement, False Designation of Origin, Trade Dress Infringement, Federal Copyright Infringement, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

Complaint:

Indiana Botanic Gardens files lawsuit to protect EUCAMINT trademark

01 Wednesday Jun 2016

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

≈ Leave a comment

Tags

, , , , ,

This trademark dispute between Hobart, Indiana-based Indiana Botanic Gardens and a California defendant involves the use of the trademark EUCAMINT in connection with camphorated ointments. The Plaintiff has used its trademark since 1925.

The Defendant has been using the EUCAMINT mark in connection with a eucalyptus shower mist since as early as 2013.

Camphor used to be made by distilling the bark and wood of the camphor tree. Today, camphor is chemically manufactured from turpentine oil. It is used in products such as Vicks VapoRub. –WebMD

Indiana Botanic Gardens Inc v. Snyder Manufacturing Corporation

Court Case Number: 2:16-cv-00197-JD-PRC
File Date: Tuesday, May 31, 2016
Plaintiff: Indiana Botanic Gardens, Inc.
Plaintiff Counsel: David C. Brezina, Boris Umansky of Ladas & Parry LLP
Defendant: Snyder Manufacturing Corporation d/b/a Eurospa Aromatics d/b/a Eurospa Chemicals
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Paul R. Cherry

Complaint:

Pro Se Plaintiff sues National Heritage Academies for infringement of educational program

30 Monday May 2016

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

≈ Leave a comment

Tags

, ,

The Plaintiff (handling this case pro se) alleges that the Defendant has infringed the copyrighted work “TIRS” (Transitioning Into Responsible Students), an educational program she claimed to develop while working at Indianapolis Public Schools.

At a whopping 268 pages, the Complaint was too large to post (or read in its entirety). The Plaintiff had previously sued her past employer, Indianapolis Public Schools, under a similar claim, with no success.

Brooks-Ngwenya v. National Heritage Academies Inc

Court Case Number: 1:16-cv-00183-PPS-SLC
File Date: Thursday, May 26, 2016
Plaintiff: Brooks-Ngwenya
Plaintiff Counsel: Pro Se
Defendant: National Heritage Academies Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

[Updated 6/8/2016 with related case]

Brooks-Ngwenya v. Bart Peterson’s The Mind Trust

Court Case Number: 1:16-cv-00183-PPS-SLC
File Date: Monday, June 6, 2016
Plaintiff: Brooks-Ngwenya
Plaintiff Counsel: Pro Se
Defendant: Bart Peterson’s The Mind Trust
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

Trademark lawsuit filed over HYDRAPURE (pipe fittings) vs. HYPERPURE (plumbing pipes)

09 Monday May 2016

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

≈ Leave a comment

Tags

, , , , , , ,

This lawsuit arises out of Defendant’s allegedly infringing use of the HYPERPURE mark in violation of Plaintiff’s registered trademark HYDRAPURE®.

Plaintiff uses its trademark in connection with pipe fittings and related parts. Defendant uses its trademark in connection with plumbing pipes.
Screen Shot 2016-05-09 at 9.36.33 AM

NIBCO Inc. v. Legend Valve & Fitting, Inc.

Court Case Number: 3:16-cv-00275-JVB-CAN
File Date: Friday, May 6, 2016
Plaintiff: NIBCO Inc.
Plaintiff Counsel: Matthew J. Gipson of Price Heneveld LLP
Defendant: Legend Valve & Fitting, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Dilution
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Christopher A. Nuechterlein

Complaint:

Race Car Trailer Manufacturer battles RV Maker over EDGE Trademark

04 Wednesday May 2016

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

≈ Leave a comment

Tags

, ,

Universal Trailer Cargo Group (“UTC”) manufactures and sells race car trailers using the trademarks EDGE PRO and EDGE CLASSIC. They own a registration for THE EDGE in connection with “towage storage trailers.”

Screen Shot 2016-05-03 at 3.35.23 PM

Since 2010, Heartland Recreational Vehicles (“Heartland”) has sold recreational vehicles, namely, fifth wheel toy haulers using the trademark EDGE. (Here’s a video for those who aren’t familiar with toy haulers.)

Heartland has filed a federal application for EDGE in connection with “recreational vehicles, namely fifth wheels; recreational vehicles, namely toy haulers; recreational vehicles, namely travel trailers.”

Screen Shot 2016-05-03 at 3.38.02 PM

UTC subsequently opposed Heartland’s trademark application and threatened trademark litigation against Heartland.

In order to litigate on their home turf and increase the chance of finding a judge who understands the difference between a car trailer and a recreational vehicle, Heartland filed this lawsuit in the Northern District of Indiana (which includes Elkhart, the RV Capital of the World) seeking a declaratory judgment of non-infringement of UTC’s trademarks. Stay tuned for updates.

 

Heartland Recreational Vehicles, LLC v. Universal Trailer Cargo Group, Inc.

Court Case Number: 3:16-cv-00255-TLS-CAN
File Date: Tuesday, May 2, 2016
Plaintiff: Heartland Recreational Vehicles, LLC
Plaintiff Counsel: Ryan M. Fountain
Defendant: Universal Trailer Cargo Group, Inc.
Cause: Declaratory Judgment of Non-Infringement
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Christopher A. Nuechterlein

Complaint: