Category Archives: Northern District of Indiana

Copyright Lawsuit filed over Boat Graphics

05 Thursday Sep 2019

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

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In this copyright lawsuit from the Northern District of Indiana, a custom airbrushing company is suing a graphic design company for unauthorized use of two designs.

The Plaintiff’s designs are applied to boats, recreational  vehicles, airplanes, automobiles, and helicopters.

Defendant is alleged to have applied the infringing designs on boats and motors for sale to a customer.

The Art of Design, Inc. v. Sharpline Converting, Inc.

Court Case Number: 3:19-cv-00702-JD-MGG
File Date: Friday, August 30, 2019
Plaintiff: The Art of Design, Inc.
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of SouthBank Legal: LaDue | Curran | Kuehn
Defendant: Sharpline Converting, Inc.
Cause: Copyright Infringement, Inducing Copyright Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Michael G. Gotsch, Sr.

Complaint:

HVAC Manufacturer sues Indiana RV Manufacturer for Trademark Infringement

12 Monday Aug 2019

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

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The Plaintiff in this trademark lawsuit is Trane International, Inc., a well-known manufacturer of HVAC systems and controls. Since at least as early as 1992, Plaintiff has used the trademark BUILT TO A HIGHER STANDARD. Trane owns U.S. Trademark Registration Number 5,380,586 for the trademark BUILT TO A HIGHER STANDARD covering “air conditioners; furnaces; heat pumps” in Class 11 and “installation, repair, and maintenance of heating, ventilating, and air conditioning products” in Class 37.

The Defendant is a Middlebury, Indiana-based manufacturer of recreational vehicles. Defendants have allegedly used an identical BUILT TO A HIGHER STANDARD trademark in connection with temperature control devices incorporated into their recreational vehicles.

Plaintiff first contacted Defendant about the alleged infringement in March 2018 and underwent unsuccessful cease-and-desist negotiations until May 2019. Defendant has continued using the trademark despite Plaintiff’s numerous warnings, leading to this lawsuit.

Stay tuned for updates.

Trane International, Inc. v. Grand Design RV, LLC

Court Case Number: 3:19-cv-00598-DRL-MGG
File Date: Wednesday, August 7, 2019
Plaintiff: Trane International, Inc.
Plaintiff Counsel: John D. LaDue of SouthBank LegalL LaDue | Curran | Kuehn
Defendant: Grand Design RV, LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

Unauthorized Use of John Lennon Photograph leads to Copyright Infringement Lawsuit

22 Monday Jul 2019

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

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The Defendant in this copyright infringement lawsuit is alleged to have used Plaintiff’s photograph of John Lennon and Yoko Ono without authorization.

The Plaintiff is a New York-based photographer and the Defendant is a Delaware LLC located in Elkhart, Indiana. The registered Lennon/Ono photograph was apparently included on Defendant’s website, maps.roadtrippers.com, as part of a “Rock and Roll Deaths Tour.”

Most photograph copyright lawsuits, particularly those involving just one photograph, are able to settle early. We’ll continue to monitor this lawsuit so stay tuned for updates.

Tannenbaum v. The2Connect, LLC

Court Case Number: 3:19-cv-00555-PPS-MGG
File Date: Friday, July 19, 2019
Plaintiff: Allan Tannenbaum
Plaintiff Counsel: Richard Liebowitz
Defendant: The2Connect, LLC
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Michael G. Gotsch, Sr.

First Amended Complaint:

 

Super 8 sues Past Franchisee for Violation of Franchise Agreement

09 Tuesday Apr 2019

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

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Well, at least it’s not another photography copyright case…

But it’s not really much of a trademark case either. The defendants are alleged to have continued using Plaintiff’s trademarks after the expiration of a previous Franchise Agreement.

What does make this case interesting is that it has a long history. The prior owner of the same Auburn, Indiana facility was involved in a similar 2016 lawsuit with Super 8.

How about this assertion in the Complaint? Do you agree? Indisputably?

16. The Super 8® Marks are indisputably among the most famous in the United States.

I can think of many brands (at least 100) more famous than Super 8 motels. But, you go, Super 8.

Super 8 found a resolution last time (new franchisee?) so maybe they’ll do the same this time. Stay tuned for updates.

Super 8 Worldwide, Inc. v. Harvee Properties et al

Court Case Number: 1:19-cv-00145
File Date: Thursday, April 4, 2019
Plaintiff: Super 8 Worldwide, Inc.
Plaintiff Counsel: Andrew M. Pendexter, James M. Hinshaw of Bingham Greenebaum Doll LLP
Defendant: Harvee Properties, LLC, Paresh Patel
Cause: Federal Trademark Infringement, False Designation of Origin, Federal Trademark Counterfeiting, State Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Complaint: 

Photos, Bongs and Blueprints dominate the March Indiana IP Docket

01 Monday Apr 2019

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

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The Indiana intellectual property docket continues to be dominated by photography and counterfeit bong cases. In March 2019, RooR International continued their crusade against Indiana smoke and vape shops. Many of the smoke shop defendants have seen the advantage of “strength in numbers” and retained the same defense attorney to assist with a common defense.

Sadly, another 10 defendants, including Eli Lilly, the National Association of Realtors, and the Cystic Fibrosis Foundation (!), were caught up in Richard Bell’s skyline photo litigation web. I’ll be curious to see whether these organization’s high-priced lawyers can figure out a different resolution than previous Bell defendants.

Design Basics, a regular copyright plaintiff, returns to protect a set of its architectural drawings.

Let’s all keep our fingers crossed for an interesting trademark case to be filed in April.  I’ll be the first to let you know.

Photography

  • Richard Bell  – 10
  • Oppenheimer
  • Iwasaki

Counterfeit Bongs

  • RooR International BV – 7

Architectural Drawings

  • Design Basics LLC

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