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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Northern District of Indiana

Bell and Bongs continue to dominate Indiana Intellectual Property Filings

18 Monday Mar 2019

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

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Architectural Drawings, Photography, Richard Bell

Skyline photographs and unauthorized bongs continue to be the primary driver of intellectual property litigation in Indiana in early March. Richard Bell’s internet-scouring spiders have apparently found another batch of entities that used his Indianapolis skyline photograph, including a big name, Eli Lilly and Company.

RooR has continued to crack down on Indiana smoke and vape shops for the alleged sale of counterfeit products. Surely news of these lawsuits has made the rounds of smoke shops owners by now, who will definitely want to be closely checking their inventory of RooR water pipes for authenticity, rather than wind up as next week’s defendant.

Regular filer Design Basics has also returned to protect a set of its architectural drawings.

Screen Shot 2019-03-18 at 5.12.05 AM.png

Counterfeit Bongs dominate the February Indiana IP Litigation Docket

01 Friday Mar 2019

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Southern District of Indiana, Trade Dress, Trademark

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Breach of Contract, Copyright Infringement, Federal False Designation of Origin, Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, Integrity of Copyright Management Information, Photography, Richard Bell, Trade Dress Infringement, Trademark Infringement, Unfair Competition

Two photography cases, including one from serial filer Richard Bell, and a breach of franchise agreement lawsuit…other than that, the February Indiana IP litigation docket was totally dominated by filings by RooR International. RooR’s defendants are Indiana smokeshops and their alleged sale of counterfeit bongs.

RooR markets itself as “the premier manufacturer of glass water pipes by emphasizing the brand’s unwavering use of quality materials and focusing on scientific principles which facilitate a superior smoking experience.”

As you can see from the screenshot below, RooR International has gone on a recent filing spree to combat the sale of counterfeit products:

Screen Shot 2019-03-01 at 9.18.39 AM.png

RooR’s defendants, small smoke and vape shops from across Indiana, are accused of Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal False Designation of Origin and Federal Unfair Competition. Heavy stuff.

Sample RooR Complaint

View this document on Scribd

The other non-bong, non-Bell cases involve the breach of a franchise agreement and the unauthorized use of a photograph of a New Year’s Eve fireworks display.

Baskin-Robbins Franchising LLC, BR IP Holder LLC v. Big Scoops, Inc., David M. Glasgow Jr.

View this document on Scribd

Bachner v. USA Halloween Planet Inc.

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

11 Wednesday Jul 2018

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

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Breach of Contract, Copyright Infringement, Fraud, John E. Martin, Joseph S. Van Bokkelen, Misappropriation of Trade Secrets

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:

View this document on Scribd

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

28 Thursday Jun 2018

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

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Anticybersquatting Consumer Protection Act, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition, State Trademark Infringement, Susan L. Collins, Theresa L. Springmann

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:

View this document on Scribd

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

22 Tuesday May 2018

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

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Andrew P. Rodovich, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Joseph S. Van Bokkelen

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:

View this document on Scribd
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