Category Archives: Northern District of Indiana

Carrington College accused of providing Personal Training students with copies of exams in advance

11 Wednesday Jul 2018

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

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Plaintiff National Federal of Professional Trainers, Inc., headquartered in Lafayette, Indiana, brings this action to prevent, and obtain damages for, Defendant Carrington College’s unauthorized copying and distribution of NFPT’s proprietary Certified Personal Trainer (“CPT”) credentialing examinations. Carrington College is a for-profit educational institution headquartered in Sacramento, California.

The Complaint alleges that “Carrington had given students copies of confidential and proprietary NFPT examinations, and then quizzed students on the copied examination questions until students memorized the answers to each specific question.”

Stay tuned for updates.

National Federation of Professional Trainers, Inc. v. Carrington College, Inc.

Court Case Number: 4:18-cv-00047-JVB-JEM
File Date: Monday, July 2, 2018
Plaintiff: National Federal of Professional Trainers, Inc.
Plaintiff Counsel: Anthony E. Dowell, Richard T. McCaulley, Kenley Eaglestone of McCaulley Dowell
Defendant: Carrington College, Inc.
Cause: Copyright Infringement, Misappropriation of Trade Secrets, Breach of Contract, Fraud
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: John E. Martin

Complaint:

North American Van Lines sues North America Moving & Storage for trademark infringement, cybersquatting

28 Thursday Jun 2018

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. The Defendant, North America Moving & Storage, is accused of using a similar company name and domain names to infringe Plaintiff’s trademarks.

The Complaint (below) alleges instances of actual confusion.

Stay tuned for updates.

North American Van Lines, Inc. v. North America Moving & Storage, Inc.

Court Case Number: 1-18-cv-00196-TLS-SLC
File Date: Tuesday, June 26, 2018
Plaintiff: North American Van Lines, Inc.
Plaintiff Counsel: Mary A. Smigielski of Lewis Brisbois Bisgaard & Smith LLP
Defendant: North America Moving & Storage, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Anticybersquatting Consumer Protection Act, Indiana Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Complaint:

National Wrestling Alliance sues wrestler claiming to be “The Real NWA World’s Heavyweight Champion”

22 Tuesday May 2018

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

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The Plaintiff in this action is the owner of the National Wrestling Alliance (“NWA”) brand. The NWA is a promotional and sanctioning body that licenses promoters and promotions around the world to conduct NWA professional wrestling events.

The Defendant, a professional wrestler residing in Indiana, has apparently been going around claiming to be “The Real NWA World’s Heavyweight Champion” and “The People’s NWA World’s Heavyweight Champion.”

Unable to convince the wrestler that he was not the “real” champ with cease-and-desist communications, Plaintiff now seeks the Court’s intervention. Stay tuned for updates.

Lightning One, Inc. v. Harmon

Court Case Number: 2:18-cv-00193-JVB-APR
File Date: Wednesday, May 16, 2018
Plaintiff: Lightning One, Inc.
Plaintiff Counsel: Michael V. Knight, Caitlin R. Byczko of Barnes & Thornburg LLP
Defendant: Nicholas P. Harmon
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Andrew P. Rodovich

Complaint:

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: