31 Saturday Jul 2010
The following Intellectual Property cases were filed in July 2010. Stay tuned for updates.
Northern District of Indiana
1A Smart Start v. Indiana Safe Start
Sweetwater Sound v. J2 Electronics Group
Southern District of Indiana
Brandt Industries v. Pitonyak Machinery Corporation
Brian Andr’e Warren v. Xlibris Corporation
25 Sunday Jul 2010
Tags
Christopher A. Nuechterlein, Common Law Trademark Infringement, False Designation of Origin, Federal Trademark Infringement, Theresa L. Springmann, Unfair Competition
1A Smart Start Inc. v. Indiana Safe Start Inc.
Good ol’ fashion trademark brawl over in the “electronic breath activated ignition lock for automobiles” industry. In one corner, Smart Start. In the other corner, Safe Start. There is apparently evidence of actual consumer confusion.
Leave a comment if you’d like a full copy of the complaint.
Court Case Number: 3:10-cv-00292-TLS-CAN
File Date: Friday, July 16, 2010
Plaintiff: 1A Smart Start Inc.
Plaintiff Counsel: Gerald W. Roberts of Thompson & Knight LLP, Remy Davis
Defendant: Indiana Safe Start Inc., Thomas Bjornstad
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, False Designation of Origin, Unfair Competition
Court: Northern District of Indiana
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Christopher A. Nuechterlein
13 Tuesday Jul 2010
Tags
Common Law Trademark, False Description, Litigation Update, Philip P. Simon, Roger B. Cosbey, Unfair Competition
Sweetwater Sound v. J2 Electronics Group
Both Plaintiff and Defendant are in the business of selling audio recording and reproduction equipment, musical instruments and accessories. Defendant allegedly is knowingly infringing Plaintiff’s registered trademark SWEETWATER.
Court Case Number: 1:10-cv-00219-PPS-RBC
File Date: Wednesday, July 07, 2010
Plaintiff: Sweetwater Sound Inc.
Plaintiff Counsel: Larry L. Barnard, Robert T. Keen Jr. of Carson Boxberger LLP
Defendant: J2 Electronics Group Ltd.
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Unfair Competition, False Description
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey
30 Wednesday Jun 2010
Posted in Indiana, Litigation, Northern District of Indiana, Trademark
Tags
Breach of Contract, Dilution, False Designation of Origin, Federal Trademark Infringement, Jon E. DeGuilio, Joseph S. Van Bokkelen, Roger B. Cosbey, Theresa L. Springmann, Unfair Competition
North American Van Lines (“NAVL”) apparently has a few trademark licensees who haven’t been making their license payments and yet refuse to stop using NAVL’s marks. 3 lawsuits have been filed recently in the Northern District by NAVL to enforce their rights (and collect some cash). For a copy of either complaint, please leave a comment.
North American Van Lines Inc. v. Firebird Moving & Storage Inc.
Court Case Number: 1:10-cv-00199-JVB-RBC
File Date: Monday, June 21, 2010
Plaintiff: North American Van Lines Inc.
Plaintiff Counsel: David K. Hawk, Michael D. Hawk of Hawk Haynie Kammeyer & Chickedantz LLP
Defendant: Firebird Moving & Storage Inc.
Cause: Breach of Contract, Trademark Infringement, False Designation of Origin and Unfair Competition, Trademark Dilution, Unfair Competition
Court: Indiana Northern District Court
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Roger B. Cosbey
North American Van Lines Inc. v. Wayne Moving & Storage Co Inc
Court Case Number: 1:10-cv-00200-JD-RBC
File Date: Friday, June 18, 2010
Plaintiff: North American Van Lines Inc.
Plaintiff Counsel: David K. Hawk, Michael D. Hawk of Hawk Haynie Kammeyer & Chickedantz LLP
Defendant: Wayne Moving & Storage Co Inc.
Cause: Breach of Contract, Trademark Infringement, False Designation of Origin and Unfair Competition, Trademark Dilution, Unfair Competition
Court: Indiana Northern District Court
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Roger B. Cosbey
North American Van Lines Inc. v. C&D Moving & Storage Co.
Court Case Number: 1:10-cv-00198-TLS-RBC
File Date: Friday, June 18, 2010
Plaintiff: North American Van Lines Inc.
Plaintiff Counsel: David K. Hawk, Michael D. Hawk of Hawk Haynie Kammeyer & Chickedantz LLP
Defendant: C & D Moving & Storage Co.
Cause: Breach of Contract, Trademark Infringement, False Designation of Origin and Unfair Competition, Trademark Dilution, Unfair Competition
Court: Indiana Northern District Court
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Roger B. Cosbey
29 Tuesday Jun 2010
Posted in Indiana, Litigation, Northern District of Indiana, Trademark
Tags
Common Law Trademark Infringement, Copyright Infringement, False Designation of Origin and False Advertising, Federal Trademark Infringement, Forgery, Paul R. Cherry, Philip P. Simon, Trade Dress Infringement, Trademark Counterfeiting, Trademark Dilution, Trademark Infringement
Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Gary, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.
Related case: Coach, Inc. et al v. Diggz Clothing LLC et al
Related case: Coach, Inc. et al v. TJ’s Handbags
Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al
Court Case Number: 2:10-cv-00243-PPS-PRC
File Date: Thursday, June 17, 2010
Plaintiff: Coach Inc., Coach Services Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Tom’s Treasure Chest
Cause(s): Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery under Ind. Code 35-43-5-2(b), Counterfeiting under Ind. Code 35-43-5-2(a)
Court: Indiana Northern District Court
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Paul R. Cherry
