Category Archives: Northern District of Indiana

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

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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.
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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

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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.”

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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.”

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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:

Sign Company sues Former Employee for Trademark Infringement and Unfair Competition

18 Monday Apr 2016

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

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Defendant, a former employee of Plaintiff, is alleged to use have used Plaintiff’s company resources to benefit his own competing business. The Complaint (below) describes in detail (truly…the Complaint goes up to Exhibit JJJ) how Defendant apparently falsely claimed credit for Plaintiff’s past achievements and client relationships.

Stay tuned for updates.

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Landmark Signs Inc v. I C U Outdoor Advertising LLC et al

Court Case Number: 2:16-cv-00128-RLM-JEM
File Date: Friday, April 15, 2016
Plaintiff: Landmark Signs Inc.
Plaintiff Counsel: Cori A. Mathis of Hilbrich Cunningham Dobosz Vinovich & Sandoval, LLC
Defendant: I C U Advertising LLC, Lawrence M. Yurko
Cause: Federal Unfair Competition, Breach of Fiduciary Duty, State Unfair Competition, Tortious Interference with a Business Relationship, Tortious Interference with a Prospective Economic Advantage, Illinois Deceptive Trade Practices, Federal Trademark Infringement, State Trademark Infringement, Illinois Trademark Infringement
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: John E. Martin

Complaint:

Coach sues Knox, Indiana Convenience Store over Counterfeit Purses

05 Tuesday Apr 2016

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

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The Defendants in this lawsuit, the owners of a convenience store located in Knox, Indiana, are accused of selling counterfeit Coach merchandise. The counterfeit purses were observed for sale in the store on multiple occasions by a Coach investigator and Homeland Security Investigations officer.

Selling counterfeit merchandise is, not surprisingly, a big no-no and Coach takes its intellectual property very seriously, hence this lawsuit containing trademark, copyright and trade dress claims.

Stay tuned for updates.

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Coach, Inc. et al v. Zip Thru Mart et al

Court Case Number: 3:2016-cv-00209-JD-CAN
File Date: Monday, April 4, 2016
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: P. Russell Pardew of Locke Lord LLP
Defendant: Zip Thru Mart, Charles Estok, Sr., Janice Estok
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin, False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Christopher A. Nuechterlein

Complaint:

Narconon Rehab Centers sued by Certification Board for Trademark Infringement and Civil Conspiracy

28 Monday Mar 2016

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

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Plaintiff, the National Association of Forensic Counselors, is a Certification Board providing nationally accredited certifications for professionals working with criminal offenders in the fields of criminal justice, corrections, addictions and mental health.

Defendants (a long list, including numerous Narconon rehab centers and the Church of Scientology, is listed in the Complaint below) are alleged to have falsely claimed certification by Plaintiff. The Complaint includes a “Civil Conspiracy” claim, alleging that there was a common plan by all Defendants to intentionally falsely claim the certifications.

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National Association of Forensic Counselors, Inc. et al v. Narconon International et al

Court Case Number: 1:16-cv-00101-JD-SLC
File Date: Thursday, March 24, 2016
Plaintiff: National Association of Forensic Counselors, Inc., American Academy of Certified Forensic Counselors Inc. d/b/a American College of Certified Forensic Counselors
Plaintiff Counsel: Jessica Wegg of Saeed & Little, LLP
Defendant: Narconon International et al (see Complaint for full list of Defendants)
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Civil Conspiracy
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Susan L. Collins

Complaint: