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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

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

27 Tuesday Dec 2016

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

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Accounting, Actual Damages, Breach of Franchise Agreements, Counterfeiting, False Designation of Origin, Guarantors' Liability, Indiana State Trademark Infringement, Indiana State Unfair Competition, Liquidated Damages, Philip P. Simon, Recurring Fees, Susan L. Collins, Trademark Infringement (Service Mark Infringement), Unjust Enrichment

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:

View this document on Scribd

Artist sues Boat Dealer over Breach of License

12 Monday Sep 2016

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

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Breach of Contract, Copyright Infringement, Inducing Copyright Infringement, John E. Martin, Joseph S. Van Bokkelen, Unfair Competition, Unjust Enrichment, Violations of DMCA

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:

View this document on Scribd

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 Kenan Farrell in Branding, Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trade Dress, Trademark

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Common Law Trademark Infringement, Common Law Unfair Competition, Counterfeiting, False Designation of Origin, Federal Copyright Infringement, Federal Trademark Infringement, Philip P. Simon, Susan L. Collins, Trade Dress Infringement

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:

View this document on Scribd

Indiana Botanic Gardens files lawsuit to protect EUCAMINT trademark

01 Wednesday Jun 2016

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition, Jon E. DeGuilio, Paul R. Cherry

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:

View this document on Scribd

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

30 Monday May 2016

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

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Copyright Infringement, Philip P. Simon, Susan L. Collins

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

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